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Hi , Thank you for taking the time to help my husband and I fill out the motion and other related forms. I will try to make my situation as clear as possible.
I filled out my I-485 application Aug 26 2014
We got a request for Initial Evidence Sept 30 2014 saying " based on the docs submitted with I-864 for the petitioner - my husband - , the income didn't meet 125% of the poverty guideline for his household size - me and him " which is $19,662. We replied sending more supportive evidence : last 12 monthly bank statements up to the month of Oct + IRA statement + Shares. All of it adding up to more than $53,000.
We got a receipt Oct 9 2014 saying our case was being processed.
We got the denial notice Jan 26 2014 (date of decision Jan 22)
We had an appointment at the local USCIS office this morning Jan 27 for explanations.
On the notice of decision for denial, it is said "you failed to submit evidence of assets that meet the Federal poverty guidelines or obtain a qualified joint sponsor.(...)As you have submitted a partial response, you have a requested a decision based on the record.(...) You have failed to establish your eligibility for the benefit sought.(...) denied."
The local officers said it shouldn't have happened and it is the system failing here and they suggested we file a motion explaining why we're surprised, making the income clearer and fining a joint sponsor.
They also said that if the person processing my case wanted to be finicky they could because my husband is self-employed and his business is just a year old. Therefore it doesn't show on the bank statements how much actually remains as his after paying his company and deductibles. However the truth is that he did have enough money to support me at the time of application. He's been paying the rent plus most of our expenses and I've been living off my savings plus family financial help for the last 6 months. And now his business is growing fast and so is his income.
Technically what should we check on the I 290B form : "motion to reopen" or/and "motion to reconsider" ? I think the agent today said "to reopen" and not "to reconsider" as I can't prove that "the decision was incorrect based on the evidence of record at the time of decision." So under "to reopen", we have to provide new facts (clearer bank statements and a statement from his boss, saying that he was actually making above the poverty guideline ... ?) . We should say that we thought it was clear enough otherwise we would have added a joint sponsor which we are doing now.
What do they mean by "failed to submit evidence of assets" in the denial letter? Is it something more than bank statements ?
Also should we fill out a totally new I 864 with our current financial situation?
Our joint sponsor is my husband's friend who makes a really good income ? Is there any restriction about who should be our joint sponsor that I should know ?
Page 9 of I 864 , should I put my "current income" under "person 1" ? Which I didn't do the first time.
Thank you so much for your help and insights,
Marie
I filled out my I-485 application Aug 26 2014
We got a request for Initial Evidence Sept 30 2014 saying " based on the docs submitted with I-864 for the petitioner - my husband - , the income didn't meet 125% of the poverty guideline for his household size - me and him " which is $19,662. We replied sending more supportive evidence : last 12 monthly bank statements up to the month of Oct + IRA statement + Shares. All of it adding up to more than $53,000.
We got a receipt Oct 9 2014 saying our case was being processed.
We got the denial notice Jan 26 2014 (date of decision Jan 22)
We had an appointment at the local USCIS office this morning Jan 27 for explanations.
On the notice of decision for denial, it is said "you failed to submit evidence of assets that meet the Federal poverty guidelines or obtain a qualified joint sponsor.(...)As you have submitted a partial response, you have a requested a decision based on the record.(...) You have failed to establish your eligibility for the benefit sought.(...) denied."
The local officers said it shouldn't have happened and it is the system failing here and they suggested we file a motion explaining why we're surprised, making the income clearer and fining a joint sponsor.
They also said that if the person processing my case wanted to be finicky they could because my husband is self-employed and his business is just a year old. Therefore it doesn't show on the bank statements how much actually remains as his after paying his company and deductibles. However the truth is that he did have enough money to support me at the time of application. He's been paying the rent plus most of our expenses and I've been living off my savings plus family financial help for the last 6 months. And now his business is growing fast and so is his income.
Technically what should we check on the I 290B form : "motion to reopen" or/and "motion to reconsider" ? I think the agent today said "to reopen" and not "to reconsider" as I can't prove that "the decision was incorrect based on the evidence of record at the time of decision." So under "to reopen", we have to provide new facts (clearer bank statements and a statement from his boss, saying that he was actually making above the poverty guideline ... ?) . We should say that we thought it was clear enough otherwise we would have added a joint sponsor which we are doing now.
What do they mean by "failed to submit evidence of assets" in the denial letter? Is it something more than bank statements ?
Also should we fill out a totally new I 864 with our current financial situation?
Our joint sponsor is my husband's friend who makes a really good income ? Is there any restriction about who should be our joint sponsor that I should know ?
Page 9 of I 864 , should I put my "current income" under "person 1" ? Which I didn't do the first time.
Thank you so much for your help and insights,
Marie
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