Request for Initial Evidence AOS

[LightHasQuestions 0]

Hello everybody!

This is my first post in this site, and I would appreciate your opinions and help since my husband and I have gone through all this process without the help of any attorney or other people, this is the first time we somehow find something to worry about; we got a pink letter one week after the biometrics appointment which says as it follows:

Request for Initial Evidence I485

This office is unable to complete the processing of your application to register Permanent Residence or Adjust Status (Form I485) without additional information. Please submit the information requested below. You must submit the information within 87 (eighty-seven) days to the following address: US Department of Homeland Security, PO Box 648004, Lee's Summit, MO 64002. Failure to do so will result in a denial. Please include this letter with your response.

x Submit a complete Federal Income Tax Return submitted to the Internal Revenue Service (IRS) from the petitioner/sponsor on form I864, Affidavit of Support, for the most recent tax year. If you were not required to file a federal income tax return under US tax law, attach a written explanation and if applicable, evidence of the exemption and why you are subject to it.

x The petitioner/sponsor's income on the federal income tax return does not meet or exceed 100% of the poverty guideline. The petitioner/sponsor lists their current income on Form I864 as an amount to be considered as sufficient, however, no evidence has been submitted as proof of current income.

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

* Letter of employment contaning the following: ... *Dates of employment *Nature of the job *Wages or salary earned *Number of hours per week worked *Prospects for future employment and advancement *Pay stubs or other documentation of pay for the previous 6 months *Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities and Social Secutiry Benefits (only SSA- 1099 and/or SSDI-1099)

THEN, THERE IS A SECOND PAGE, WITH ANOTHER REQUIREMENT (the one we are concerned about):

x Based on the documents submitted with form I864, Affidavit of support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets standards must equal the stated difference between the sponsor's household income and 125% (100% if military) of the federal poverty line.

*Assets must equal the difference for applicant's filing as orphans or a spouse or child of an active duty military member.

*Assets must equal three times the difference for a spouse or child of a United States Citizen

*Assets must equal five times the difference for all others

Such evidence of assets includes:

*Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;

*Evidence of ownership and value of stocks, bonds, and certificates of deposit;

*Evidence of ownership and value/equity of other personal property and dates acquired;

*Evidence of ownership, a recent licensed appraisal or country tax assessment and any mortgage/lien or lien release of any real estate.

If you decide to obtain a joint sponsor they will need to file form I864. provide copies of the most recent federal income tax returns, all supporting tax documents (W-2s, 1099s, and tax schedules) and evidence of their status as a United States citizen. United States National, or lawful permanent resident.

We did not send evidence along with the I485 for the Affidavit because we had already sent these documents before, so probably we should have sent them again? and it makes sense they are requesting the tax information for 2011, even an updated letter of employment; however, we are very worried about the last item, since it says that the income did not meet the 125% of the federal poverty line, and they "suggest" a joint sponsor. My husband makes around 48.000 a year and he has land and some money in the bank. Is it enough for the affidavit of support? We dont have children and this is our only marriage. Everything so far had run smoothly and despite the wait, we were happy about how things were going. Based on your knowledge, should we find a joint sponsor? Thanks for all your help!

LightHasQuestions

[kcoyclay1 98]

T hey sent the RFE based on the fact that you omitted the tax transcript. For every application that is filed, a separate set of required document is necessary. They do not pass along information to different departments. Your hubby's salary is sufficient. You need to submit an IRS tax transcript or your copy of the 2011 filed taxes. If your hubby did not file in any of the previous three years, he will need a sponsor who has to have filed in the past 3 years and meet the poverty guidelines for your state of domicile. Never take for granted that USCIS will copy your documents. They expect you to do so and submit according to the instructions on each relevant application.

The RFE states that you did not submit initial evidence. Note that they are aware that the income he noted was sufficient; however, he did not support it with the tax transcript, income receipts, or a letter from his employer. They need the evidence to support his claim.

Edited May 3, 2012 by kcoyclay1

[KayDeeCee 4,896]

If your hubby did not file in any of the previous three years, he will need a sponsor who has to have filed in the past 3 years and meet the poverty guidelines for your state of domicile.

You always state this, no matter how many times I say this is not true and explain why. Here I go again: If someone did not legally have to file taxes, all they need to do is provide a statement explaining why they were not legally required to file taxes those years. This is the same for a joint sponsor. If the joint sponsor makes enough current income, they too could provide a statement explaining why they did not file taxes in any of the previous years. For example, they did not make enough in 2009, so they did not file taxes. Perhaps they were a student. However, now they have a decent paying job and make enough to qualify as the primary or joint sponsor. They can still sponsor, even if they did not file ALL of the 3 previous years. It works the same for the primary sponsor, as it does for the joint sponsor. So long as they qualify by making enough through income and/or assets at the 125% level or higher for their own household size plus the intending immigrant, then they can sponsor, with or without having filed all 3 of the previous years or not.

If they were legally obligated to file in the last 3 years and did not, that is a different matter. They must file their back taxes before they can fill out the affidavit of support.

[KayDeeCee 4,896]

We did not send evidence along with the I485 for the Affidavit because we had already sent these documents before, so probably we should have sent them again? and it makes sense they are requesting the tax information for 2011, even an updated letter of employment; however, we are very worried about the last item, since it says that the income did not meet the 125% of the federal poverty line, and they "suggest" a joint sponsor. My husband makes around 48.000 a year and he has land and some money in the bank. Is it enough for the affidavit of support? We dont have children and this is our only marriage. Everything so far had run smoothly and despite the wait, we were happy about how things were going. Based on your knowledge, should we find a joint sponsor? Thanks for all your help!

LightHasQuestions

The I-134 is not linked to the I-864. You had to provide what the I-864 instructions asked for, no matter what you provided previously for the K-1 visa interview.

They are saying your husband does not make enough because you provided no evidence to the contrary. Send them his 2011 transcript from the IRS. They are free to get and do not take that long to receive. Send a letter from his employer stating position and salary and a few months worth of his most recent pay stubs. Throw in his 2011 W-2 just for some added evidence they asked for in the RFE. That will prove he makes more than enough for a household of 2, and you should then be good to go on the affidavit of support.

Edited May 3, 2012 by Jay-Kay

[Penny Lane 8,159]

If your hubby did not file in any of the previous three years, he will need a sponsor who has to have filed in the past 3 years and meet the poverty guidelines for your state of domicile.

This is false, and not the first time I've seen you give such "advice" ..

[OZ62 17]

Hello everybody!

This is my first post in this site, and I would appreciate your opinions and help since my husband and I have gone through all this process without the help of any attorney or other people, this is the first time we somehow find something to worry about; we got a pink letter one week after the biometrics appointment which says as it follows:

Request for Initial Evidence I485

This office is unable to complete the processing of your application to register Permanent Residence or Adjust Status (Form I485) without additional information. Please submit the information requested below. You must submit the information within 87 (eighty-seven) days to the following address: US Department of Homeland Security, PO Box 648004, Lee's Summit, MO 64002. Failure to do so will result in a denial. Please include this letter with your response.

x Submit a complete Federal Income Tax Return submitted to the Internal Revenue Service (IRS) from the petitioner/sponsor on form I864, Affidavit of Support, for the most recent tax year. If you were not required to file a federal income tax return under US tax law, attach a written explanation and if applicable, evidence of the exemption and why you are subject to it.

x The petitioner/sponsor's income on the federal income tax return does not meet or exceed 100% of the poverty guideline. The petitioner/sponsor lists their current income on Form I864 as an amount to be considered as sufficient, however, no evidence has been submitted as proof of current income.

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

* Letter of employment contaning the following: ... *Dates of employment *Nature of the job *Wages or salary earned *Number of hours per week worked *Prospects for future employment and advancement *Pay stubs or other documentation of pay for the previous 6 months *Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities and Social Secutiry Benefits (only SSA- 1099 and/or SSDI-1099)

THEN, THERE IS A SECOND PAGE, WITH ANOTHER REQUIREMENT (the one we are concerned about):

x Based on the documents submitted with form I864, Affidavit of support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets standards must equal the stated difference between the sponsor's household income and 125% (100% if military) of the federal poverty line.

*Assets must equal the difference for applicant's filing as orphans or a spouse or child of an active duty military member.

*Assets must equal three times the difference for a spouse or child of a United States Citizen

*Assets must equal five times the difference for all others

Such evidence of assets includes:

*Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;

*Evidence of ownership and value of stocks, bonds, and certificates of deposit;

*Evidence of ownership and value/equity of other personal property and dates acquired;

*Evidence of ownership, a recent licensed appraisal or country tax assessment and any mortgage/lien or lien release of any real estate.

If you decide to obtain a joint sponsor they will need to file form I864. provide copies of the most recent federal income tax returns, all supporting tax documents (W-2s, 1099s, and tax schedules) and evidence of their status as a United States citizen. United States National, or lawful permanent resident.

We did not send evidence along with the I485 for the Affidavit because we had already sent these documents before, so probably we should have sent them again? and it makes sense they are requesting the tax information for 2011, even an updated letter of employment; however, we are very worried about the last item, since it says that the income did not meet the 125% of the federal poverty line, and they "suggest" a joint sponsor. My husband makes around 48.000 a year and he has land and some money in the bank. Is it enough for the affidavit of support? We dont have children and this is our only marriage. Everything so far had run smoothly and despite the wait, we were happy about how things were going. Based on your knowledge, should we find a joint sponsor? Thanks for all your help!

LightHasQuestions

Just follow all the instructions for the I-864. Never, ever assume that they have this and that. Send the proof... Why worry so much... You have 87 days... but gather your stuff right now and send it via "Registered Mail".. a way to track delivery. Or send a package and have delivery confirmation. The poverty level must be %125, if you have no issues, then you are okay. If not, then, better get a sponsor. Petitioner should go to the HR department and request a letter. Letter should say the person is employed full time or part time, when the person was employed, and yearly salary. No big deal. As far as getting IRS transcripts... this takes weeks, not days, I've been waiting for mine for over 2 weeks now. Just provide copies of your W-2, 1040. Again, sounds like you have all this, but you assumed they had it. You are definitely all okay on the poverty level!!!

Poverty Level: http://www.uscis.gov/files/form/i-864p.pdf

Good Luck!!!

Edited May 3, 2012 by OZ62

[LightHasQuestions 0]

Oh, thank you very much for your comments. I feel a bit more relieved!! In conclusion, I see that we just need to send the appropriate evidence requested and we should be ok. We did file taxes for the previous years, that is why they did not request them, I guess? We will send them again, though. Second conclusion, we do not need a joint sponsor since my husband's salary is sufficient to be the main sponsor as he has been throughout the whole process. Thank you very much, any other suggestion is more than welcome, I will surely go over every suggestion not to leave something out.

Have a wonderful evening!

[MiltonWaddams 0]

On 5/3/2012 at 1:16 PM, LightHasQuestions said:

Hello everybody!

This is my first post in this site, and I would appreciate your opinions and help since my husband and I have gone through all this process without the help of any attorney or other people, this is the first time we somehow find something to worry about; we got a pink letter one week after the biometrics appointment which says as it follows:

Request for Initial Evidence I485

This office is unable to complete the processing of your application to register Permanent Residence or Adjust Status (Form I485) without additional information. Please submit the information requested below. You must submit the information within 87 (eighty-seven) days to the following address: US Department of Homeland Security, PO Box 648004, Lee's Summit, MO 64002. Failure to do so will result in a denial. Please include this letter with your response.

x Submit a complete Federal Income Tax Return submitted to the Internal Revenue Service (IRS) from the petitioner/sponsor on form I864, Affidavit of Support, for the most recent tax year. If you were not required to file a federal income tax return under US tax law, attach a written explanation and if applicable, evidence of the exemption and why you are subject to it.

x The petitioner/sponsor's income on the federal income tax return does not meet or exceed 100% of the poverty guideline. The petitioner/sponsor lists their current income on Form I864 as an amount to be considered as sufficient, however, no evidence has been submitted as proof of current income.

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

* Letter of employment contaning the following: ... *Dates of employment *Nature of the job *Wages or salary earned *Number of hours per week worked *Prospects for future employment and advancement *Pay stubs or other documentation of pay for the previous 6 months *Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities and Social Secutiry Benefits (only SSA- 1099 and/or SSDI-1099)

THEN, THERE IS A SECOND PAGE, WITH ANOTHER REQUIREMENT (the one we are concerned about):

x Based on the documents submitted with form I864, Affidavit of support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets standards must equal the stated difference between the sponsor's household income and 125% (100% if military) of the federal poverty line.

*Assets must equal the difference for applicant's filing as orphans or a spouse or child of an active duty military member.

*Assets must equal three times the difference for a spouse or child of a United States Citizen

*Assets must equal five times the difference for all others

Such evidence of assets includes:

*Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;

*Evidence of ownership and value of stocks, bonds, and certificates of deposit;

*Evidence of ownership and value/equity of other personal property and dates acquired;

*Evidence of ownership, a recent licensed appraisal or country tax assessment and any mortgage/lien or lien release of any real estate.

If you decide to obtain a joint sponsor they will need to file form I864. provide copies of the most recent federal income tax returns, all supporting tax documents (W-2s, 1099s, and tax schedules) and evidence of their status as a United States citizen. United States National, or lawful permanent resident.

We did not send evidence along with the I485 for the Affidavit because we had already sent these documents before, so probably we should have sent them again? and it makes sense they are requesting the tax information for 2011, even an updated letter of employment; however, we are very worried about the last item, since it says that the income did not meet the 125% of the federal poverty line, and they "suggest" a joint sponsor. My husband makes around 48.000 a year and he has land and some money in the bank. Is it enough for the affidavit of support? We dont have children and this is our only marriage. Everything so far had run smoothly and despite the wait, we were happy about how things were going. Based on your knowledge, should we find a joint sponsor? Thanks for all your help!

LightHasQuestions

Hello,
Right now, I and my wife are in the same situation. We received exactly the same letter requesting for the same initial evidence.
I would like to know how did it turn out for you? I am wondering if is the 1040 what they are asking for? 

We really appreciate your collaboration.

Thanks.

[Ontarkie 14,439]

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