Thursday, November 21, 2013

Show me the money!

After receiving the Request for Evidence(RFE) from the USCIS, Anna and I were able to gather the requested documents and get them ready to send to the USCIS. 

I was able to make copies of their original birth certificates as well as make a copy of my 2012 Tax return that I filed with the IRS last year.

We did however have a difficult time trying to figure out what we needed to do to provide the additional financial information to them as I really had no idea what income I am supposed to have before the USCIS can approve Anna's Green Card. 

The RFE was vague and all it stated was "Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size."

On a side note, this is the same income I reported on the original Affidavit of support when we submitted the I-129f Petition for Alien Fiance while Anna was still in Russia. Obviously the USCIS considered my income sufficient enough to approve the petition and allow her to purchase the visa to come here and marry me. But now it is not enough for them to allow her to stay here with me. I am not sure where the logic is in that.

According to the RFE, I am required to provide evidence that I make 125% of the "federal poverty line". It didn't indicate any particular number I could use as a baseline so it left it up to me to try to figure it out. 
After some research I was able to find a website with the 2013 Poverty Guidelines that showed me some numbers I could work with. 

According to information on the site, I was able to conclude that my income exceeded the amount listed but after a simple calculation I discovered my income was just a little bit less than 125% of the suggested amount for a family of 6. 

The RFE also indicated that I could include assets to make up the difference but my assets must "equal three times the difference for a spouse or child of a United States Citizen".
Fortunately, I was able to make up the difference by including a copy of my retirement fund as an asset on the Form I-864 Affidavit of Support. 

So we sent the package off to the Department of Homeland security with the hope that this will resolve the problems. We hope this will be adequate and they will approve the Green Cards for Anna and the children. Otherwise we may have to employ the services of and immigration Attorney and that could prove costly and to be honest we cannot afford that expense right now. We just spent $2340.00 for this "Service" and it is non-refundable.


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