Request for initial evidence (i-485)

[hadyu 0]

Hi all,

Today I received a letter from USCIS. Expecting it to be my EAD, I opened it with great excitement. Unfortunately, it was a pink letter that read:

REQUEST FOR INITIAL EVIDENCE (I-485)

This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status, (Form I-485) without initial information. Submit ALL the information requested below at one time. Failure to do so will result in denial. 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. Include this letter with your response:

The Service will process your From I-765, Application for Employment Authorization (if submitted) within 90 days of the receipt of your missing initial evidence. This is pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii).

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.

XX In order to process your application further, the petitioner/sponsor on form I-864, Affidavit of Support must submit all Federal income ttax documentation submitted to the IRS for the most recent tax year.

Ok, fair enough. We failed to submit proper documentation. They will be sent tomorrow.

However, I have a couple questions:

Firstly, will this set my EAD time line back to day 1? Should I prepare for 70+ days of more unemployment?

We were both students in the preceding two years prior to my migration. We exceed the poverty guidelines in savings, and she currently has a job that greatly exceeds the guidelines but her tax returns for 2007 only show two months of employment and a total income of about 10k. Should we 1) get a join sponsor (not a problem) 2) provide evidence of her currently salary again or 3) both. Would it be a problem to add a joint sponsor at this time?

[payxibka 10,045]

an RFE on the I-485 will stall processing on any pending interim benefits (I-131, I-765) until such time as the I-485 resumes normal processing.

[Eric-Pris 1,606]

Firstly, will this set my EAD time line back to day 1? Should I prepare for 70+ days of more unemployment?

No, it doesn't set the timeline back to day 1. They say "up to 90 days" to protect their own a**, but it should come sooner than that.

As for the other question, IMO you need to add a joint sponsor. Tax returns don't show the amount of time worked, just total annual income. They wouldn't know that she only worked 2 months, nor would they really care. Bottom line is that she made 10k last year. In any case, that's far below the poverty guidelines, so you'll need a co-sponsor.

Edited August 27, 2008 by kid brooklyn

[hadyu 0]

Thanks for the reply (x2).

So, no problem in adding a joint sponsor this late in the game?

[hadyu 0]

Ah, also. I am trying to do some university education here. The school looked at my K1 and saw that it would have expired in Sept. I've now married, filed for AOS etc. What do I give them to show my current status? What is my current status???

[visao 1]

..."We exceed the poverty guidelines in savings"....

What do you mean? Do you have at least 5 times 17,500$??? Or 3 times if spouse of USC?

[hadyu 0]

I mean that we have a large amount of savings. Several times the necessary amount.

[payxibka 10,045]

Ah, also. I am trying to do some university education here. The school looked at my K1 and saw that it would have expired in Sept. I've now married, filed for AOS etc. What do I give them to show my current status? What is my current status???

you were granted K-1 status and will always be K-1 status unless or until you have adjusted your status to something else...

I mean that we have a large amount of savings. Several times the necessary amount.

What is several times 2x, 3x, 4x or maybe 5x?

[hadyu 0]

My visa says the k1 status expires soon.. I'm confused. How do I show the school that I'm here legally? I sent them my pending AOS and the document that was stamped after I was fingerprinted. They said this was not good enough.

Regarding savings, we only showed proof of her savings account with has about 3 times the amount. Anyways, we called USCIS and they said the problem was 'likely' that they lost her info.

[Eric-Pris 1,606]

My visa says the k1 status expires soon.. I'm confused. How do I show the school that I'm here legally? I sent them my pending AOS and the document that was stamped after I was fingerprinted. They said this was not good enough.

If an NOA from filing AOS isn't good enough, then you'll have to wait for the EAD or GC, whichever comes first, because there is nothing else that shows you are here legally.

Regarding savings, we only showed proof of her savings account with has about 3 times the amount. Anyways, we called USCIS and they said the problem was 'likely' that they lost her info.

To be able to use assets (i.e. savings), you need to have either 3x or 5x the poverty guidelines figure in order for them to use it. I don't remember which, but I think it's 3x.

Edited August 29, 2008 by kid brooklyn

[Abby-Ron 8]

Ah, also. I am trying to do some university education here. The school looked at my K1 and saw that it would have expired in Sept. I've now married, filed for AOS etc. What do I give them to show my current status? What is my current status???

You're actually "out of status" in the eyes of the government. Just show that you are processing your AOS, by submitting your NOA and the college/university should be able to accept this as legal status here.

[richo 0]

And will have to pay the non-resident tuition fees....

[Steph0814 1]

For assets its 5x's and I HIGHLY suggest getting yourself a joint sponsor. The Assets card is very very tricky and most of the time they won't even acknowledge it.

Look at my timeline and/or my posts. I got 2 RFE's, my Husband has over $250k in assets in Real Estate, we sent them ever peice of paper they asked for in regards to it: Warranty Deed, Settlement Statement, current mortgage STatements, leases AND THEY STILL ASKED FOR A JOINT SPONSOR.

The IO I spoke with in regards to this told me that using your assets is very very tricky especially if you are using for a large part of the Sponsorship.

I know this is probably the last thing you want to hear, but unless you are willing to take a chance that they will accept the assets and proling your paperwork: GET A JOINT SPONSOR. I didnt listen when people told me the 1st time to get one thinking that the $250K in assets would be enough and sure enough they didnt even look at it and now I am way behind.

ALL THE BEST!

[richo 0]

I think I read in recent thread here...that they (USCIS) are more concern on the continuous income like from a stable job or a stable business...its like even how great your assets are and well it should/ can be converted to cash in a year if needed and without causing difficulty to the sponsor..

Edited August 29, 2008 by richo

[Steph0814 1]

Yes, that is true. But my Husband owns 30 houses that could easily be liquidated (I mean even just selling 1 would meet the poverty guidelines).

Its how you use the assets, what percentage is consistent income/what is assets, how you word the documents that you send and how lazy the Adjucator is in processing the case.

I think I read in recent thread here...that they (USCIS) are more concern on the continuous income like from a stable job or a stable business...its like even how great your assets are and well it should/ can be converted to cash in a year if needed and without causing difficulty to the sponsor..