Please help me with my RFE

[canucker18 0]

Hi folks, I am hoping someone can help me here. This is a little lengthy to explain but bare with me.

My husband and I are at the AOS part of our process. We recently received an RFE which said the following:

Request for Additional Evidence (1-485)

This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status, (Form 1-485) without additional information. Please submit the information requested below. You must submit the information within 87 (eighty

seven) days to the following address: u.s. Department of Homeland Security, PO Box 648006, Lee's Summit, MO 64064. Failure to do so will result in a denial. Please include this letter with vour response.

You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2( )(IO)(ii) until ninety (90) days after the missing initial evidence is received.

All copies must be clear and legible. If you submit a document in any language other than English, it must be submitted with a full English translation. The translator must certifY that the translation is complete and accurate, and that he or she is competent to translate. You must submit both the foreign language document and the English translation.

F.0

(II) We are unable to determine if your household income meets or exceeds 125% of the federal poverty line for the household size claimed on Form 1-864 based on the documents submitted with Form 1-864. Submit proof that the petitioner's household income meets or exceeds 125% of the federal poverty line. If the petitioner's household income does not meet or exceed 125% of the federal poverty line, you must obtain one joint sponsor whose household income meets or exceeds 125% of the federal poverty line for the joint sponsor's household size. If required, the joint sponsor must submit the documents listed below and a completed and signed Form 1-864.

. Federal income tax returns and W-2s for the most recent tax year or certified Internal Revenue Service (IRS) copies. To obtain return transcripts of your income tax records 1T0m the IRS, you may complete Form 4506- T, Request for Transcript of Tax Return, found on the Internet at http://www.irs.gov/ or call toll-lTee (800) 829-1040 to order a "Return Transcript." If the sponsor was not required to file a federal tax return for the most recent tax year, the sponsor must provide an explanation as to why slhe was not required to file federal income taxes.

. Evidence of current employment or self-employment including a letter 1T0m each employer on business stationery, showing beginning date of employment, type of work performed, number of hours worked per week, and salary or wages paid. If you are self-employed, submit a recently dated letter on business letterhead or a business license.

I called the Infoline and told them what we had received and asked if this was because we didn't send in my hubby's 2005 tax returns. She said yes. So, off I sent them.

Then I see Silvers post and I wonder the same thing. My husband had his own business for the past 5 years. He filled out a Schedule C, and 1040.

On his schedule C, Part I (income), line 7 "Gross Income" is above the poverty guidelines, but line 22 on his 1040, as I have seen posted as the line to look for, is HALF of the poverty requirement. It was a small business-very small.

Now, my question is, if we were supposed to get a co-sponsor for this FRE, and NOT send in his 2005 taxes, how did I get past the Consulate stage?? I had to submit 3 years' of tax returns, all of which looked similar to this one, and there was no problem.

I am trying to reassure myself that they did in fact just want his tax returns and not a co-sponsor.

If nothing in his finances has changed, why would we need a co-sponsor now? I'm assuimg we wouldn't.

I am posting here to see what the general consensus is because if we have in fact sent back our RFE NOT containing what they wanted (co-sponsor) then I'm in big trouble and probably need to make an INFOPASS appointment.

But before I jusmp to conclusions and go run to Boston for Infopass, I thought I would post here.

It just doesn't make sense to me that they would ask for a co-sponsor now and not before I got here when the income is the same.

Thoughts?? I know it's a long post, but I need to get a good amount of feedback. This will determine whether or not I do INFOPASS. I don't want to get my AOS denied just because they couldn't tell me what they wanted on the RFE and the MisInformation line confirmed it.

Thanks all, I'm a little worried right now.

Edited May 18, 2006 by canucker18

[sjoefl01 1]

Poor thing,

Calm down. I think the problem is clerical. You probably sent what they want. Sometimes things just seem to kick out of their system. Don't let it scare you. If they are not happy with what you sent they will notify you.

[canucker18 0]

I don't think this is clerical. The RFE looks like the one everyone else gets for the I864, except it doesn't specify what exactly it is they want. You have to hazard a guess. I wasn't worried until I read silvers post about this line 22 as the income line they look at.

But as I said, if that was true, we would never have gotten then visa because we had to give 3 years tax returns.

Please folks, if you have any info let me know. I'm a little worried.

[sukie175 0]

Apparently they don't really take the income into full account until the AOS stage, that's what the mis-information line told me after our RFE.

Don't worry until it happens but if the 2005 income is too low still, then you may have to get an infopass appt and take details of a co-sponsor.

One thing to consider though, even if you do get a denial do not panic...it has happened to others here after RFE's and all they did was either a 'Motion to Re-open' or they reapplied with a new AOS.

I hope though that yours will be fine

[canucker18 0]

Thanks for the reply, this is precisely why I am posting. If in fact I DO need a co-sponsor I can get that now before the 90 days deadline to file the RFE response. Even though technically I've already filed a response, I could still do INFOPASS if need be.

I'm trying to determine whether I am just jumping to conclusions, or, if I really do need an INFOPASS.

If I do make an infopass is that something I can clear up there??

I am not going to sleep tonight.

[sukie175 0]

Listen I know you are worried but there really is nothing you can do about this now you've sent back the RFE reply. I am not sure if you could now send off a further response, but I don't think so as you already sent the yellow sheet back.

After thinking about it, if and it's a big if, you just get the denial which has happened to others here, an infopass appointment will do you no good then. The others tried it and they were just told to either request a motion to re-open or just re-apply for the AOS totally. Anastasia is someone you could PM, who has been through this experience. Her re-application is now at the interview stage with no further problems.

Try and get to sleep, I know its alot to ask but don't stress until something happens. You may get a dork at the USCIS and sail past them

[canucker18 0]

Thank you for the reply. I am trying to be pro-active. I'd rather not wait for a denial letter, and try to sort it out prior if indeed I need to.

It's better to go for an Infopass now, while my case is still open and discussable, then to wait until I am looking at having to pay much more in fees and lose even more money by not working.

I made a copy of my RFE response, so I have the paper. My concern at this stage is...

based on the info provided, should I be making an INFOPASS to try and find out if they wanted 2005 returns, or, if they wanted a co-sponsor. Since the RFE does not specify.

If I can do an INFOPASS now and fix it, I'd much rather that.

I just want to make sure I am not shooting myself in the foot for no reason.

I appreciate the concern, and I am hoping others will post their thoughts as to whether an INFOPASS is the way to go, or just wait.

[sukie175 0]

Well if you do go for the infopass, then I would take co-sponsor details to it. If Line 22 of your 2005 tax return is below the poverty line, then you are going to need a co-sponsor.

I hope you get this sorted

[canucker18 0]

Sukie, thanks for the info and help and words of wisdom.

I am hoping you can show me the reference to which line 22 is used to determine the income requirements.

I understand that prior to entry the guidelines are not as scrutinized, but my husband was still well below the amount. I would think there would have been something said about it prior.

Perhaps if I call the information line again they may know more?

I'm about 1.5hrs from Boston, so am trying to get this sorted if I can.

I was assuming it was just the taxes they wanted, but now I am not too sure. And I am mighty scared about getting denied.

[canucker18 0]

Oh Yodrak- help!

[babybunny 2]

Good luck with your journey.

[canucker18 0]

bump-anyone-please

[Silver 0]

I know exactly how you are feeling Canucker.

I had the worst nights sleep on Tuesday but we have decided that we are going to try and get ourselves a joint sponsor.

My husbands income for his 2005 return is from his S Corporation which shows on line 17 income well above the level required but because he had a loss on a farm he sold last year this dropped line 22 to below the level. We were going to get a letter from my husbands CPA explaining the tax return and then perhaps make an infopass appointment to see whether we need the joint sponsor, but after reading the replies on here we are so scared of a denial that we are just going to try and find a sponsor. My husband has no living relatives and so therefore we are going to have to see if one of his friends will co-sponsor.

I will be watching the board closely to see how things go for you.

Good luck

Silver

[sukie175 0]

Silver - as I said in my post on your thread, if Line 22 is below you will need a co-sponsor, this is all they will tell you at the infopass. We were the same, with a big depreciation on the business, so it was only the taxable income that dropped with us, but still they would not accept it. They are just programmed to look at Line 22 and don't understand depreciation or any other loss write offs etc!

I really hope you get this sorted

[Silver 0]

Silver - as I said in my post on your thread, if Line 22 is below you will need a co-sponsor, this is all they will tell you at the infopass. We were the same, with a big depreciation on the business, so it was only the taxable income that dropped with us, but still they would not accept it. They are just programmed to look at Line 22 and don't understand depreciation or any other loss write offs etc!

I really hope you get this sorted

Thanks Sarah - we are going to get a co-sponsor as it isn't worth a denial.

Thanks for all your help - it is most appreciated.