Weird Situation with request for more evidence

[omabern 0]

Hello.

I have submitted the I-485 packet with my husbands income for the last 2 years (he's American, I'm Canadian and the applicant)

We get a request for evidence because my husbands income does not meet the requirements which is 125%of poverty BUT, his income

is above - way above. Poverty is 18.400 or so.

Now, we have had a mix-up with getting another persons responses from uscis and we're wondering if they could have mixed up

incomes?

We tried to call and get this straightened out but they won't even listen. They just tell us to submit the evidence requested.

Well, this could take time, they want a lot and is really unecessary plus, we want the paperwork to be correct in the first place

and having the incorrect info about income on the record is wrong imo.

I tried calling twice but they tell me I have to either get a lawyer or go to the local uscis office but we do not have one and

the closest one is 600 miles away by flight (we're in an area you can only fly or boat out of)

Is there any way to contact someone who actually works on the applications? because clearly, someone has gotten the numbers wrong.

Thanks so much for having this site!

[YuAndDan 153]

I would return the package with income amount on form I-864 highlighted, as well as gross income on IRS transcripts or returns highlighted.

What does income look like for 2011?? If unemployed or income projection for 2011 is low then this can be the reason.

Did you attach copies of past 6 months pay stubs showing income is in line to exceed this figure for 2011?

How about an employer letter stating salary exceeds this income level?

This is an Adjustment of Status topic, and is not about filing I-130 and I-129F for a K-3 visa. MOVING..

Edited December 22, 2010 by YuAndDan

[omabern 0]

The pay stubs and employer letter are what they are requesting but it appears the need is based on incorrect information.

His income is way above the 125% of poverty.

We had included the last 3 years income and a copy of 2008 income taxes.

I am wondering if there is someone to call other than the customer service center to get this right. I really am concerned

they are making this request based on someone elses info since we have already received 2 letter from uscis for someone else.

Thanks for the response.

I would return the package with income amount on form I-864 highlighted, as well as gross income on IRS transcripts or returns highlighted.

What does income look like for 2011?? If unemployed or income projection for 2011 is low then this can be the reason.

Did you attach copies of past 6 months pay stubs showing income is in line to exceed this figure for 2011?

How about an employer letter stating salary exceeds this income level?

This is an Adjustment of Status topic, and is not about filing I-130 and I-129F for a K-3 visa. MOVING..

[qcmeetsnc 1]

The previous poster probably knows way more than I do but if it were me, I would contact my congress representative or senator. If there is a mix up like you say there is, I would want to have someone clarify the situation with immigration to avoid any further delays. Good luck!

[YuAndDan 153]

The pay stubs and employer letter are what they are requesting but it appears the need is based on incorrect information.

His income is way above the 125% of poverty.

We had included the last 3 years income and a copy of 2008 income taxes.

I am wondering if there is someone to call other than the customer service center to get this right. I really am concerned

they are making this request based on someone elses info since we have already received 2 letter from uscis for someone else.

Thanks for the response.

Past income (Past years IRS returns) do not indicate to USCIS current and future income, that's what pay-stubs and employer letter is for.

[omabern 0]

Thanks guys. I guess this is the info they request from everyone, still, I may make that call since they have incorrect info on our income.

Past income (Past years IRS returns) do not indicate to USCIS current and future income, that's what pay-stubs and employer letter is for.

[Dodi 69]

The reason they want an employer letter and pay stubs is because they want to know that his income is SUSTAINABLE. It's been nearly a year since your husband filed his income taxes. During that time, millions of Americans have been laid off of work and had to find jobs paying less than before just to survive. Sometimes paying MUCH less. The USCIS wants to know that your husband's income as stated in his tax returns (you submitted 2008 instead of 2009? That would be a red flag to them right there) is still current and sustainable. Once they see that's still what he makes, then they'll process it. If not, they'll reject it and ask for a co-signer.

What is your household size? Do either of you have children? This could also be a factor.

Good luck!

[SunDrop 59]

Without seeing the exact wording, it's hard to comment but I would guess you've been sent a 'standard' line referring to what they want. I wouldn't assume they've got the income incorrect, but instead just send what they're asking for. +1 for Dan's comment about seeing his current income. Submit, and see. The call center operators don't have any access to your case file, though you can request to escalate your call, why? It would be a different story if you'd sent proof of current and continuing income, and they were still asking for evidence...

[HappyRs 8]

Yep, all this advice is great and, hell, I would even print off the poverty guideline, highlight the household of 2 income needed and send it off with the pay stubs and letter from the employer. Good luck!

[britnick77 0]

Hello.

I have submitted the I-485 packet with my husbands income for the last 2 years (he's American, I'm Canadian and the applicant)

We get a request for evidence because my husbands income does not meet the requirements which is 125%of poverty BUT, his income

is above - way above. Poverty is 18.400 or so.

Now, we have had a mix-up with getting another persons responses from uscis and we're wondering if they could have mixed up

incomes?

We tried to call and get this straightened out but they won't even listen. They just tell us to submit the evidence requested.

Well, this could take time, they want a lot and is really unecessary plus, we want the paperwork to be correct in the first place

and having the incorrect info about income on the record is wrong imo.

I tried calling twice but they tell me I have to either get a lawyer or go to the local uscis office but we do not have one and

the closest one is 600 miles away by flight (we're in an area you can only fly or boat out of)

Is there any way to contact someone who actually works on the applications? because clearly, someone has gotten the numbers wrong.

Thanks so much for having this site!

I just received what I beleive is the same thing. "request for initial evidence (I-485)"

The form asks i send in tax documents from the petitoner and from joint sponsor, dispite the fact I already sent the information in.

[omabern 0]

Thank so much, guys. Sorry for not getting back sooner. Christmas busy!

We decided to just submit everything they ask for to hurry the process along. We have had such ridiculous things go on. We've had our initial package lost by the PO, so we had to do it again and send in another one. Then we get a letter for someone else that applied - why, we don't know. Not even the same country but it came in a letter from uscis stating they received our package and it's being processed. Then, only after complaining to the PO about packages and letters going missing, we get our original package back with an apology letter from the PO. Then we don't get responses from uscis for months after submitting corrections they asked for, only to find out that all their mail is being returned to them undeliverable....wth? we use a P O Box! so yesterday, we get 3 letters at once with requests for more info from uscis.

OY!

So, thank you everyone for your help. I will be calling after Christmas to find out if we are still being mixed up with this other person. I think what happens is the person working on the package is doing too many things at once. To get someone elses letters twice, is kinda weird.

Happy Holidays!

The reason they want an employer letter and pay stubs is because they want to know that his income is SUSTAINABLE. It's been nearly a year since your husband filed his income taxes. During that time, millions of Americans have been laid off of work and had to find jobs paying less than before just to survive. Sometimes paying MUCH less. The USCIS wants to know that your husband's income as stated in his tax returns (you submitted 2008 instead of 2009? That would be a red flag to them right there) is still current and sustainable. Once they see that's still what he makes, then they'll process it. If not, they'll reject it and ask for a co-signer.

What is your household size? Do either of you have children? This could also be a factor.

Good luck!

[trillium13 84]

I've never had this issue, but I've seen others post that if you really push them on the phone, you CAN speak with an actual immigration officer, not just someone reading off a script. It's certainly worth a shot.

[omabern 0]

Thank you Trillium, I'll attempt that!

I've never had this issue, but I've seen others post that if you really push them on the phone, you CAN speak with an actual immigration officer, not just someone reading off a script. It's certainly worth a shot.