RFE for i-485

[babydragon89 0]

I submitted all documents about a months ago and now I have the Request for Initial Evidence for I-485

1. Submit a complete Federal Income Tax Return from the petitioner/sponsor

2. Submit a complete Federal Income Tax Return from the joint sponsor

3. The joint sponsor doesn't meet income requirement

4. Submit the copy of the applicant's birth certificate issued by appropriate civil authorities

My questions are:

1. My wife has never been working, so she has no Income Tax Document, what should I do?

2. My joint sponsor has a business and her income is over $40k, how come she couldn't meet the requirement? Also, she only has the business for 2 years, so I submitted the tax of 2010, and 2011, is that enough? or should I get another joint sponsor?

3. If I have more than 1 joint sponsors, how the income requirement will be calculated? (from each sponsor or from both of them)

4. About the birth certificate, I submitted the translated one, so it means I have to submit the original one from my country??

Thanks in advance!!!

[ceadsearc 516]

1. She should submit a statement saying she wasn't required to file and why.

2. Did you include EVERYTHING? All schedules, w-2s, etc.? If she is a business owner her business expenses are deducted - what was her net income?

3. You can't have multiple joint sponsors unless they are qualified household members, ie husband and wife.

4. You should submit a copy of the original AND the translation.

[babydragon89 0]

1. She should submit a statement saying she wasn't required to file and why.

2. Did you include EVERYTHING? All schedules, w-2s, etc.? If she is a business owner her business expenses are deducted - what was her net income?

3. You can't have multiple joint sponsors unless they are qualified household members, ie husband and wife.

4. You should submit a copy of the original AND the translation.

Thanks for your answers but I don't understand this

1. You mean she has to write the statement saying that she is a full-time student and does not work??

2. I submitted the Schedules C, that's all I have from my sponsor, her net income is about $25k, but the problem is she counted her household size instead of just herself because it is only her business! Can she change that in her i-864?

3. The RFE asks if I want to change another sponsor to meet the income requirement, and I'm thinking about it, so it is possible to change, right?

[Dave&Roza 748]

I submitted all documents about a months ago and now I have the Request for Initial Evidence for I-485

1. Submit a complete Federal Income Tax Return from the petitioner/sponsor

2. Submit a complete Federal Income Tax Return from the joint sponsor

3. The joint sponsor doesn't meet income requirement

4. Submit the copy of the applicant's birth certificate issued by appropriate civil authorities

My questions are:

1. My wife has never been working, so she has no Income Tax Document, what should I do?

2. My joint sponsor has a business and her income is over $40k, how come she couldn't meet the requirement? Also, she only has the business for 2 years, so I submitted the tax of 2010, and 2011, is that enough? or should I get another joint sponsor?

3. If I have more than 1 joint sponsors, how the income requirement will be calculated? (from each sponsor or from both of them)

4. About the birth certificate, I submitted the translated one, so it means I have to submit the original one from my country??

Thanks in advance!!!

First, your wife needs to either explain that she made no money or file a tax return with no income. Due to the time constraints of the RFE I would just write a letter stating that your wife made no money. For a complete tax return everything is required. That is why tax transcripts are the preferred method for submitting the tax information. They are easy to obtain and take about 3-5 days. Have the co-sponsor get tax transcripts from the IRS and that will take care of items #2&3. For item #4 they want a copy of the original birth certificate (NEVER NEVER NEVER sent them the original of anything as you will never get it back) along with the translation. They want to see that the translation is of the actual birth certificate. I hope you still have copies of the birth certificate otherwise you need to get them from your home country ASAP and you might want to get a few extras for the future.

Good luck,

Dave

[Dave&Roza 748]

Thanks for your answers but I don't understand this

1. You mean she has to write the statement saying that she is a full-time student and does not work??

2. I submitted the Schedules C, that's all I have from my sponsor, her net income is about $25k, but the problem is she counted her household size instead of just herself because it is only her business! Can she change that in her i-864?

3. The RFE asks if I want to change another sponsor to meet the income requirement, and I'm thinking about it, so it is possible to change, right?

Yes, she has to explain why she did not file an income tax return. The USCIS expects every USC to file an income tax return every year after reaching the age of 18 years old. So you either have to produce the tax return or explain why you do not have one to produce.

That was not a complete tax return. Have her get a tax transcript as that contains all the required information USCIS is looking for.

She has to make 125% above the poverty level for HER family size plus your wife. So if she includes her husband and any children she would have to add one more. Look at it this way, the USCIS looks at the income tax return and looks at the number of dependants claimed on the form. If she is married and has 3 children, her family size is 5 and then you add the immigrant which makes 6. So check out the guidelines to make certain she makes enough. Otherwise, get another sponsor while you can.

Dave

Edited July 27, 2012 by Dave&Roza

[babydragon89 0]

Yes, she has to explain why she did not file an income tax return. The USCIS expects every USC to file an income tax return every year after reaching the age of 18 years old. So you either have to produce the tax return or explain why you do not have one to produce.

That was not a complete tax return. Have her get a tax transcript as that contains all the required information USCIS is looking for.

She has to make 125% above the poverty level for HER family size plus your wife. So if she includes her husband and any children she would have to add one more. Look at it this way, the USCIS looks at the income tax return and looks at the number of dependants claimed on the form. If she is married and has 3 children, her family size is 5 and then you add the immigrant which makes 6. So check out the guidelines to make certain she makes enough. Otherwise, get another sponsor while you can.

Dave

Thanks a lot. I think I found what she needs to write on the website of IRS since she doesn't work and she was claimed as dependance before getting married.

What is the different if my sponsor filed tax jointly with her husband and if she filed tax separately, will the household size be the same??

[ceadsearc 516]

Thanks for your answers but I don't understand this

1. You mean she has to write the statement saying that she is a full-time student and does not work??

2. I submitted the Schedules C, that's all I have from my sponsor, her net income is about $25k, but the problem is she counted her household size instead of just herself because it is only her business! Can she change that in her i-864?

3. The RFE asks if I want to change another sponsor to meet the income requirement, and I'm thinking about it, so it is possible to change, right?

1. Yes, and that by IRS law she is exempt from filing taxes if this is the case.

2. It doesn't matter if it is her business alone, she has to count her while household size - herself, spouse, dependents, any precious immigrants she has sponsored, and your spouse.

3. Yes, you can change if you want; that sponsor would need to cover their household size and your spouse.