I-485 RFE

[Nyosh 5]

Hi guys, finally i got the mail from USCIS.

Here is what they say:-

1.Submit a complete Federal Income Tax Return submited to the IRS from the petitioner/sponsor on Form I-864, for the most recent year ( I sent in all the IRS transcripts).

2. The petitioner/sponsor's income on the IRS dos not meet or exceed 125% of the poverty guideline. The petitioner lists their current income as an amount to be considered as sufficient; however no evidence has been submitted as proof of income.

Please submit evidence of the petitioner/sponsor's current income. Such vidence include:-

Letter of employment containing the following;- date of employment, nature of job, wages/salary earned, number of hours per week worked, prospects of future employment and advancement, pay stubs or other documentation of pay for the previous 6 months. (On the IRS my sponsor made 44,000/=, is that above or below poverty line?).

Based on the documents submitted with I-864 for the petitioner, the income did not meet 125% of the federal poverty line for the petitioner's household size.

The asset evidence they want like value of stocks, bonds, real estate.......we dont have anything like this.

Does this mean i need to get a joint sponsor, i didnt have one for my I-129F or what im i supposed to do. Im just confused, i dont understand what else they want. Please help. Thanks.

[Harpa Timsah 13,258]

The petitioner lists their current income as an amount to be considered as sufficient; however no evidence has been submitted as proof of income.

Quoted relevant part. You didn't include a letter from your employer or 6 months of paystubs to prove current employment, did you?

That's what they want.

[Nyosh 5]

Quoted relevant part. You didn't include a letter from your employer or 6 months of paystubs to prove current employment, did you?

That's what they want.

Thanks for your reply Harpa. I didnt provide a letter from the employer or the paystubs. The reason being....my petitioner gets paid with a check after every two weeks and he files his tax returns as self employed. Though he is employed by someone.

[VanessaTony 3,567]

** moved from "Adjustment of Status Case Filing and Progress Reports" to "Adjustment of Status (Green Card) from Family Based Visas" as the prior forum is for case updates/progress and this one is for questions**

[Nyosh 5]

What should i do, look for a sponsor or submit the letter of employment and bank statement coz we dont have the pay stubs?

[Dakine 26]

What should i do, look for a sponsor or submit the letter of employment and bank statement coz we dont have the pay stubs?

OOPs

Edited November 26, 2010 by Dakine

[Nyosh 5]

Opps, what?

[Harpa Timsah 13,258]

Thanks for your reply Harpa. I didnt provide a letter from the employer or the paystubs. The reason being....my petitioner gets paid with a check after every two weeks and he files his tax returns as self employed. Though he is employed by someone.

Does he get 1099s for work as an independent contractor? He can still show his checks or get his employer to write a letter attesting the fact that he is gainfully employed, but not "on payroll." If it's something else, then I don't know what to say. If he DOES get 1099s then you also need to submit those. That may be why they asked for a complete last years tax return; something was missing.

You ordered transcripts from IRS? Or did you just submit the 1040 tax return copy?

[Nyosh 5]

Does he get 1099s for work as an independent contractor? He can still show his checks or get his employer to write a letter attesting the fact that he is gainfully employed, but not "on payroll." If it's something else, then I don't know what to say. If he DOES get 1099s then you also need to submit those. That may be why they asked for a complete last years tax return; something was missing.

You ordered transcripts from IRS? Or did you just submit the 1040 tax return copy?

He gets his 1099's for every year and i submitted those for the last three years.He already had the IRS transcripts, coz we used the same for our I-129F. I didnt submit the 1040 tax return copies. I will also see if i can get the checks for the last 6 months and a letter from his employer. Thanks for your answers.

[trillium13 84]

What is the sponsor's household size?

[4ever mine 9]

He gets his 1099's for every year and i submitted those for the last three years.He already had the IRS transcripts, coz we used the same for our I-129F. I didnt submit the 1040 tax return copies. I will also see if i can get the checks for the last 6 months and a letter from his employer. Thanks for your answers.

What about copies of the bank records for this year, letter from employer, and assests

[JimVaPhuong 4,863]

Do you have a copy of the transcripts? Look for the last two lines in the "Income" section of the transcript. They should say "Total Income" and "Total Income Per Computer". The figure on those lines is what USCIS is going to consider as his income.

Many people who are self-employed have very good revenues. This is total amount that would be written on his 1099's, and also entered as "Gross Receipts" on the "Schedule C" portion of the tax transcript. However, the IRS also allows for some very liberal deductions for self-employed people and small business owners. After taking these deductions, their taxable income is usually dramatically lower than their gross receipts. USCIS considers the income after the business deductions have been taken. If the "Total Income" amount on the transcript is below the threshold for the affidavit of support then you'll need a joint sponsor.

[Nyosh 5]

What is the sponsor's household size?

Four. Thanks.

What about copies of the bank records for this year, letter from employer, and assests

We are working on getting all these documents. For the assets, we dont have much. Thanks.

[Nyosh 5]

Do you have a copy of the transcripts? Look for the last two lines in the "Income" section of the transcript. They should say "Total Income" and "Total Income Per Computer". The figure on those lines is what USCIS is going to consider as his income.

Many people who are self-employed have very good revenues. This is total amount that would be written on his 1099's, and also entered as "Gross Receipts" on the "Schedule C" portion of the tax transcript. However, the IRS also allows for some very liberal deductions for self-employed people and small business owners. After taking these deductions, their taxable income is usually dramatically lower than their gross receipts. USCIS considers the income after the business deductions have been taken. If the "Total Income" amount on the transcript is below the threshold for the affidavit of support then you'll need a joint sponsor.

I checked and the Total Income is 45,500 which maybe is below poverty lines. Thanks for your reply.

[4ever mine 9]

I checked and the Total Income is 45,500 which maybe is below poverty lines. Thanks for your reply.

Four in the unit size for the 49 contingent states is 27562, not 45500.