RFE for I-485 - please help!!

[idocher 0]

Today I got an RFE for not giving enough information with my affidavit of support for AOS. It asked for copies of income tax returns for the past 3 years but my husband just finished medical school in 2005 so he did not make a lot of money for the past 3 years. He did work part time during school, but the amount he made was minimal. He now has a job, which he has been at since October of 2005. I send a letter from the employer, and 2 recent pay stubs. I also sent a letter explaining why we did not send the other tax returns (stating that 2005 was the first year he began working as a doctor). I didn't think it was a big deal that I didn't send previous tax returns because the income was so low. (Big mistake, in hindsight!)

So here are my questions:

1) If we send his tax returns for the past 3 years, is it okay that he didn't make a lot of money? (Even though he makes a lot this year, but this hasn't been filed yet)

2) More importantly... It says on my letter that I am ineligible for interim employment authorization until NINETY days after the initial evidence is received!!!! ("pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii)"). I was planning on starting a new job in a month! Is this 90 days a sure thing or just an estimate???

Pleeeeease, any help would be great! Do I need to quit my wonderful newfound job that is to start next month??

[hcj 0]

Regarding the tax returns -- it is a requirement that you send the tax returns. It is not a requirement that he meet the income guidelines in all three years, just that he currently meets the guidelines. I think the tax returns give them a picture of the sponsor's financial stability. (It also allows them to verify that the sponsor has filed his taxes.) The adjudicating officer will weigh all of the information and decide if your husband's income is sufficient and likely to be sustained. If the AO decides it's not, she or he will ask for a joint sponsor.

If your husband did not file taxes for any of the past years because he didn't have any income and was not required to file taxes, I believe you need to make a statement to that effect. If he did file taxes and you chose not to include them because you thought the income was too inconsequential, then I see where you got in trouble. ;o)

Regarding the 90 days thing -- they might send you your EAD earlier than 90 days after they receive the requested tax returns. They're just saying that if they do not, you cannot request an *interim* EAD until 90 days after the receive the tax returns. So hopefully the regular EAD gets there sooner and you won't need an interim one. But if you're supposed to start your job next month, I wouldn't bank on getting that EAD.

P.S. People have been saying that per the new memo, you only need to submit one year of tax returns. It's supposed to apply to people who filed after Nov 23, 2005. I assume you filed after that since you just got your RFE. But, no point in arguing with them -- not sure how you *would* argue with them anyway -- easier to just comply and give them what they asked for.

[daisy16 0]

File the 2005 tax returns, and then send them 2005, 2004 and 2003.

Hate to tell you, but you can't work without the EAD. Don't count on them taking 90 days. They could take longer.

Edited February 24, 2006 by daisy16