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  • RFE - not meeting poverty guidelines

    Hey everybody,

    new here, but have been lurking and you gave me a little bit of hope.

    My wife and I submitted the case in February 2019

    today we got an RFE, stating her income doesn't meet poverty guidelines.

    She is currently making $24k
    and the poverty guideline is $21k

    the only way I can explain that is that tax was not filed yet when we filed the forms, and we didn't include a 2018 tax return, and her salary has gone up since 2017, (in 2016, 2017 she didn't meet the poverty guidelines)

    RFE asks to either resubmit a new form for a joint sponsor or submit assets that prove three times the difference.

    I was thinking we can submit 2018 tax return as proof and also submit proof of assets.

    Just worrying that this will still not be considered enough even though assets should be okay.

    Anybody have a similar experience?
    If the evidence we submit now is still not good enough, will the case be denied?

    Would really appreciate some words of advice.

    Thanks

  • #2
    Originally posted by v219 View Post
    Hey everybody,

    new here, but have been lurking and you gave me a little bit of hope.

    My wife and I submitted the case in February 2019

    today we got an RFE, stating her income doesn't meet poverty guidelines.

    She is currently making $24k
    and the poverty guideline is $21k

    the only way I can explain that is that tax was not filed yet when we filed the forms, and we didn't include a 2018 tax return, and her salary has gone up since 2017, (in 2016, 2017 she didn't meet the poverty guidelines)

    RFE asks to either resubmit a new form for a joint sponsor or submit assets that prove three times the difference.

    I was thinking we can submit 2018 tax return as proof and also submit proof of assets.

    Just worrying that this will still not be considered enough even though assets should be okay.

    Anybody have a similar experience?
    If the evidence we submit now is still not good enough, will the case be denied?

    Would really appreciate some words of advice.

    Thanks
    Her most recent tax return and how much she earned in 2018 is highly important and needed, all other previous years don’t matter even if you made more. Your wife has to show proof that she made above the poverty guidelines in 2018 through her pay stubs, w2 forms and federal tax return and properly filling the I-864 to avoid another rfe. If she doesn’t meet the requirements then you need a joint sponsor. Good luck!
    USC Spouse, Dallas field office
    01/22/19 Priority date(I-130)
    02/16/19 Sent priority mail to USCIS (I-485 & I-765)
    02/22/19 Got delivered to USCIS
    02/26/19 credit card charged and got 2 NoA texts
    03/02/19 NOA mail received
    03/09/19Biometrics appointment notice for March 20
    03/14/19 rfie response sent
    03/15/19 USCIS receives rfie response
    03/25/19 I-693 courtesy letter
    05/14/19 Ready to be scheduled for an interview
    08/31/19 ead card delivered
    11/04/19 I-485 interview scheduled

    Comment


    • #3
      thanks

      that definitely makes sense.

      do you think we have to fill out the entire form again?

      Comment


      • #4
        According to your rfe it says resubmit a new form for joint sponsor or submit proof of assets, but I haven’t had that experience. But if you eventually have to submit proof of assets, you have to make sure that your spouse meets the poverty guideline and properly documenting the proofs- 2018 w-2(s), paystubs(6 months), federal tax return, and assets to avoid denial.
        USC Spouse, Dallas field office
        01/22/19 Priority date(I-130)
        02/16/19 Sent priority mail to USCIS (I-485 & I-765)
        02/22/19 Got delivered to USCIS
        02/26/19 credit card charged and got 2 NoA texts
        03/02/19 NOA mail received
        03/09/19Biometrics appointment notice for March 20
        03/14/19 rfie response sent
        03/15/19 USCIS receives rfie response
        03/25/19 I-693 courtesy letter
        05/14/19 Ready to be scheduled for an interview
        08/31/19 ead card delivered
        11/04/19 I-485 interview scheduled

        Comment


        • #5
          Originally posted by v219 View Post
          thanks

          that definitely makes sense.

          do you think we have to fill out the entire form again?
          Read through your RFE, it should say if you need to file the form again but I doubt it, Ive received an RFE on our case but I only sent a cover letter accompanying the evidence requested.

          Comment


          • #6
            You need to learn more! And need to read about tax returns because it can damage your financial state really hard.

            Comment

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