Need help! Received RFE for Initial Evidence for I-485 - in relation to i-864

[uscdncitizen 0]

It appears to be a problem with the tax return you sent. What exactly did you send? It will need all of the schedules and extra forms, not just the 1040. The best way to fix this problem is to order a tax transcript, which is a report of your complete tax return. Since your tax return was not sufficient, then they say you do not qualify on income. if you can send a complete tax return or tax transcript, then you will qualify.

i sent them my entire tax package that my accountant put together... so 1040, 1116, 6251, 8891. never had w-2s or 2555's.

this was for both years 2010 & 2009.

i just ordered a tax transcript from the IRS for 2010 and 2009. i did just file my 2011 tax return, but was not able to get a transcript for that since i just submitted it.

[uscdncitizen 0]

i don't believe my accountant used the foreign earned income exemption - he did apply for a foreign income tax credit.

Did you take the foreign earned income exemption? That would have reduced your AGI (adjusted gross income) for US tax purposes to (zero) wouldnt it?

You, unfortunately, are probably going to have an uphill battle qualifying for AOS due to moving with intent to immigrate on what I assume to be an immigrant border crossing on visa waiver and (zero) US income prior to doing so.

Example: We were out of the US for only (3) years and I either had to show 3X the 125% poverty level in cash assets or get a co-sponsor due to all income, at the time, being overseas income.

Best of luck to you

[himher 634]

Yeah it sounds like they are following the rules and basically your US gross income on your taxes is (zero) meaning that from a tax standpoint you won't meet the requirements to sponsor your wife. It sounds like from a current income standpoint you can so make sure you send, in addition to the missing forms, (when you send your tax returns you have to include every little bitty form with it, not just the return) a lot of evidence on current income.

Cross your fingers and hope they show some leniency on the AOS because technically your wife appears to have immigrated without following the correct process (you at a minimum were required to file the I130 at the canadian embassy as a resident - see the DCF aka direct consular filing forum)

Best of luck

i filed US taxes for 2010 and 2009. (first time i filed US taxes actually - i didn't know i was a US citizen - long story - until last year and wasn't aware i needed to back file taxes since i lived in canada all my life).

[uscdncitizen 0]

I think you need a transfer letter from HR, stating your 2011 salary, the 2012 salary and the authorization for the move. With this, include a coverr letter of yer own stating that 'the job' is continuing, there was no loss of job, only a job transfer. (use more words, but that's the gist of it) .

So, gather that up, in addition to the tax transcripts, fire it off with the RFE. IMO, there's a dumb-@ss adjudicating yer casefile, and was not able to 'read between the lines' - so you need to 'help' that person ..

also - what visa did your wife us to come into the USA, when you were transferred? I hope there was an I-130 floating around, somewhere.

good advice, thanks for that. we applied for the i-130 in conjunction w/ the i-485. she came over as a visitor , b-2 visa.

[uscdncitizen 0]

so let me get this straight - foreign income doesn't count as income?

and even though my current US salary is over $60,000 - that's not sufficient?

i'm confused about this!

i did actually send three current pay stubs for jan/feb/mar 2012 - which shows my salary and ongoing income..

i guess i'll attach some of my bank statements as we have a lot in savings.

thanks!

Yeah it sounds like they are following the rules and basically your US gross income on your taxes is (zero) meaning that from a tax standpoint you won't meet the requirements to sponsor your wife. It sounds like from a current income standpoint you can so make sure you send, in addition to the missing forms, (when you send your tax returns you have to include every little bitty form with it, not just the return) a lot of evidence on current income.

Cross your fingers and hope they show some leniency on the AOS because technically your wife appears to have immigrated without following the correct process (you at a minimum were required to file the I130 at the canadian embassy as a resident - see the DCF aka direct consular filing forum)

Best of luck

[himher 634]

1. Foreign income doesn't count at all for purposes of sponsoring an immigrant LOL. I was making a $jillion working in Saudi and all that $$ didnt matter a dam when we filed

2. Your savings need to be around $57,000 for a household size of (2)to sponsor on assets

3. Your current salary is more than sufficient BUT It appears that the officer who is looking at your file is trying to determine if you even qualify for the immigration benefits that you applied for. Technically - you dont - as it is not legal to cross the border on a visitors visa for purposes of immigration. I hope things work out for you.

so let me get this straight - foreign income doesn't count as income?

and even though my current US salary is over $60,000 - that's not sufficient?

i'm confused about this!

i did actually send three current pay stubs for jan/feb/mar 2012 - which shows my salary and ongoing income..

i guess i'll attach some of my bank statements as we have a lot in savings.

thanks!

[Harpa Timsah 13,258]

Lots of misinformation here. The OP is not trying to qualify on foreign income, rather the tax returns submitted show steady work history and compliance with US laws. The OP is trying to qualify on current US income. The tax returns are required no matter what they say. The OP qualifies for the benefit sought; there is no point discussing that, especially if you are not familiar with AOS.

OP - current income is what counts. So, since you have a job, you should qualify. HOWEVER, there is some discretion on the matter. You need to first determine if the tax return you sent was complete. If is was not complete, then that is your answer. The RFE specifically stated that you need a complete tax return, and mentioned 1099s and Form 2555 - those are very specific instructions that indicate, to me, that your return was not complete. If you rule that out as a possibility, then you can move on to other scenarios (such as not qualifying because your job is new and you have no US work history).

It might help to type exactly what the RFE says. Is the first post the whole thing?

Edited April 17, 2012 by Harpa Timsah

[uscdncitizen 0]

Thanks for the clarification - i am trying to qualify on current US income... which is low $60,000s (US).

Hmmm, looks like you are right - this is what the first page says:

- Submit all supporting tax documentation (Form 1099 and Form 2555 for the non taxable income) submitted to the IRS from the petitioner/sponsor on Form I-864 for the most recent tax year

Unfortunately my tax returns for 2010 and 2009 do not have a form 2555 . My tax return for 2011 does have a form 2555. Different accountant did it for me. I'm planning on submitting my 2011 tax return with this package - i just had it did a few weeks back. My 2011 income is also all 'foreign' since I was still in Canada at the time.

Will that suffice? My current bank account does have over $80,000 in cash.

i also own a house too - not sure if that's worth anything, but we have about 60% equity on a $350,000 house.

Thanks for the help - appreciate it a lot - this is all very new to me being a Canadian... and not knowing I was an American

Lots of misinformation here. The OP is not trying to qualify on foreign income, rather the tax returns submitted show steady work history and compliance with US laws. The OP is trying to qualify on current US income. The tax returns are required no matter what they say. The OP qualifies for the benefit sought; there is no point discussing that, especially if you are not familiar with AOS.

OP - current income is what counts. So, since you have a job, you should qualify. HOWEVER, there is some discretion on the matter. You need to first determine if the tax return you sent was complete. If is was not complete, then that is your answer. The RFE specifically stated that you need a complete tax return, and mentioned 1099s and Form 2555 - those are very specific instructions that indicate, to me, that your return was not complete. If you rule that out as a possibility, then you can move on to other scenarios (such as not qualifying because your job is new and you have no US work history).

It might help to type exactly what the RFE says. Is the first post the whole thing?

[himher 634]

Coming up with the missing documents is the easy part. #2 was the one that was being discussed. #2 was not a request for evidence. It was a statement. Why dont you figure it out then come back and try to explain it?

I am familiar with the ins and outs of immigration. We have been through it (twice) LOL and neither time did we consider getting a B visa, lying about our purpose of entry at the border, and then counting on skinning through the AOS process.

#2 Based on the documents submitted with Form I-864, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner's sponsor household size

[KayDeeCee 4,896]

Thanks for the clarification - i am trying to qualify on current US income... which is low $60,000s (US).

Hmmm, looks like you are right - this is what the first page says:

- Submit all supporting tax documentation (Form 1099 and Form 2555 for the non taxable income) submitted to the IRS from the petitioner/sponsor on Form I-864 for the most recent tax year

Unfortunately my tax returns for 2010 and 2009 do not have a form 2555 . My tax return for 2011 does have a form 2555. Different accountant did it for me. I'm planning on submitting my 2011 tax return with this package - i just had it did a few weeks back. My 2011 income is also all 'foreign' since I was still in Canada at the time.

Will that suffice? My current bank account does have over $80,000 in cash.

i also own a house too - not sure if that's worth anything, but we have about 60% equity on a $350,000 house.

Thanks for the help - appreciate it a lot - this is all very new to me being a Canadian... and not knowing I was an American

I would suggest you send tax transcripts from the IRS for 2009 and 2010, and then make a complete copy of your 2011 taxes with all forms, attachments, schedules, 1099s and W-2s. Make absolutely sure it is a complete copy of the return, as in every document the IRS would need if you were mailing in your taxes to them.

Then, I would redo your I-864 and list your current US salary plus list your assets, and include the bank statements and other documents needed to prove you have the assets, plus a letter from your employer stating it is a permanent position and your salary, and more of your recent pay stubs. Read through the I-864 instructions. This is the part about assets:

"Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset."

Finally, write a cover letter for your RFE and list what all you included plus put an explanation about having income from outside the US in the past, but are currently employed in the US and making $XXXX amount a year which is well over the 125% requirement level for a household of 2. State that you have filled out a new I-864 to also include your assets as well.

[Kathryn41 3,205]

Topic has been moved from 'AOS from a Family based visa" forum to "AOS from a Work, Student & Tourist Visa" as the OP is adjusting from a visitor's visa