What If the required initial evidence submitted does not establish the petitioners ability to pay?
If the required initial evidence is submitted, and it does not establish the petitioner’s ability to pay, USCIS adjudicators may deny the I-140 petition. If the case is denied, the petitioner may file an appeal or a motion to reopen the case. If the USCIS adjudicator exercises discretion to accept either the financial statement or additional financial evidence, that evidence must clearly establish the petitioner’s ability to pay. If the USCIS adjudicator has any doubts about whether the additional documents establish the petitioner’s ability to pay, the adjudicator may deny the petition and not request for additional evidence to further clarify the discretionary evidence.
