Initial evidence requested ???

[chinausa 7]

Hi guys,

I have received a letter from Immigration. Pink letter, it titled "Request for Initial Evidence (I-485)

We're requested to Submit a complete Federal Income Tax Return submitted to the Internal Revenue Services from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent tax year. They hand wrote my husband's name on the paper in red color.

The thing is we have already attached an explanation letter of why my husband doesn't have tax return, because he works for the family business. and we attached his employer's letter to approves he makes much more than 125% of poverty line.

Also, I have a joint sponsor who makes much more than the 125% of poverty line.

what else does Immigration want since we're already submitted written explanations and evidence of my husband's income and why he doesn't have tax return.

So, we're thinking that we should re-submitted the explanation letters from both my husband and his employer.

Please advice us some suggestions.

Thanks a lot.

XH

[chinausa 7]

btw, I did my biometrics on April 13th. and this request initial evidence letter was issued on April 15th.

[belinda63 3,038]

There is a difference between having no income and not filing a tax return. If he has no income perhaps your letter explaining he does not meet the income threshold for being required to file a return was not clear?

Edited April 23, 2011 by belinda63

[Harpa Timsah 13,258]

Working for the family business is not an excuse to not file a tax return. If he makes over 125% of the poverty line, he is required to file a tax return. It doesn't matter who you work for, you must file taxes.

[xiaozhu 4]

As long as your husband has income, he is required to file tax return by law, whatever what business he works for. His tax return will show whether his income is above 125% poverty line or not. A letter from his employer can not take tax return's position. "They hand wrote my husband's name on the paper in red color" clearly indicates that they want tax return from your husband who is your primary sponsor.

Have your two file tax return for 2010? It will be the most recent tax return. If you did not (the deadline for filing tax return is April 18, 2011), I recommend you and your husband do it. Thus you can submit it as required.

Edited April 23, 2011 by xiaozhu

[Penguin_ie 5,993]

I'm with the others.. I don't understand why he didn't file if he had so much income (ie over the 125%)?

[chinausa 7]

well, i understood what you all saying right now. However, he doesn't have tax return, there is not time to wait until he has the tax return.

We had joint sponsor and he didn't tax return when I was applying for K1 visa. There wasn't any question asked or any evidence requested at the interview, and I got the K1 visa. Why the Immigration requesting now? The fact that my husband doesn't have tax return is the reason why we use joint sponsor.

any practical advise?

Thanks

[Penguin_ie 5,993]

The I-864 is stricter than the I-134, and even with a joint sponsor, they expect the primary sponsor's taxes to be in order.

But this is just a delay in your case- your husband can back-file his taxes, and as soon as he has proof of filing, send that in for your AOS.

[Anh map 2,098]

The "family business" reason backed up by an employment letter from that family business is not an acceptable circumstance for not filing. The I-864 instructions are clear about tax returns. As Penguin stated the I-864 is a binding contract where the I-134 is not. A much more serious document.

Have your husband get the taxes filed and submit that evidence.

[Harpa Timsah 13,258]

As stated, even with a co-sponsor, the petitioner is the primary sponsor and must submit copies of tax returns. Having a co-sponsor does not mean he doesn't have to send in his own taxes. Your husband must file his taxes for years past now and then turn in proof of filing.

[chinausa 7]

If my husband file his taxes for years past now and then turn in proof of filing, we would have to wait till next year. Tax filing for this year is over.

So are we just going to sit on this problem and wait till next year?

[Ironman140 45]

If my husband file his taxes for years past now and then turn in proof of filing, we would have to wait till next year. Tax filing for this year is over.

So are we just going to sit on this problem and wait till next year?

I think a bigger issue your over looking is if he had income you will soon have a large tax bill .. With penalties and interest tacked on ..If you think getting a Visa is tough .. Wait until the IRS get is hooks in you

[Penguin_ie 5,993]

If my husband file his taxes for years past now and then turn in proof of filing, we would have to wait till next year. Tax filing for this year is over.

So are we just going to sit on this problem and wait till next year?

That is not true, you can file taxes anytime (there may be a penalty for late filing, I am not sure on that).

[VanessaTony 3,567]

If my husband file his taxes for years past now and then turn in proof of filing, we would have to wait till next year. Tax filing for this year is over.

So are we just going to sit on this problem and wait till next year?

He can file BACK taxes whenever. His taxes for this year were due April 18th.

it's likely he'll get penalties for not filing taxes and/or late filing. I suggest your husband goes and speaks to a tax consultant about back-filing all his taxes (most important being 2008 and 2009).