Received a request for Initial Evidence. Need help with proving income

[kebandre 0]

Hi all, I would really appreciate any help on my AOS application.

I recently received a Rquest for Initial Evidence for my Adjustment of Status application. There are 3 things "missing". Here's what is required as per the letter:

1. Submit a complete Federal Income Tax Return submitted to the IRS from the petitioner/sponsor on Form I-864, Affidavit of Support for the most recent year

I thought I submitted my wife's income tax return, but maybe I didn't. Is this request for myself or my wife's tax return? I am the one that needs the AOS, my wife is the American citizen. I don't have a SSN so I can't even file. Should we just send in a copy of my wife's most current tax return?

2. The petitioner/sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income (and then there's a list of evidence I could supply as proof of wages).

So my wife, last year, made less than the 125% required. In July/September she took a job that met that requirement however, she quit that job and took on a new one literally a week ago that also meets that requirement. My application was sent in September so if I submit proof of her income thru a letter of employment, it will be from a different employer than what's listed on the I864. Also, she gets paid quarterly, it's kind of a salary + bonuses she will be making so she doesn't have a check to prove it (yet) and it will be too late by the time she gets her first quarterly pay. What should I do? Should I even bother with that or should I have her mom who is well above that 125% sign an affidavit of support form or would a letter of employment suffice?

3. Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the federal poverty line for the petitioner/sponsor's household size.

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

Now, this one I don't understand at all. Is this not the same as #2 or is this something different? Why does my wife (The US citizen) need to show evidence of assets (ie. ownership of stocks, bonds, property etc)?

Edited December 3, 2013 by kebandre

[KayDeeCee 4,893]

Hi all, I would really appreciate any help on my AOS application.

I recently received a Rquest for Initial Evidence for my Adjustment of Status application. There are 3 things "missing". Here's what is required as per the letter:

1. Submit a complete Federal Income Tax Return submitted to the IRS from the petitioner/sponsor on Form I-864, Affidavit of Support for the most recent year

I thought I submitted my wife's income tax return, but maybe I didn't. Is this request for myself or my wife's tax return? I am the one that needs the AOS, my wife is the American citizen. I don't have a SSN so I can't even file. Should we just send in a copy of my wife's most current tax return?

The USC is the petitioner/sponsor and the one that fills out the I-864, not the intending immigrant. A complete copy of the most recent tax return or a free IRS transcript is required and mentioned on the form and in the instructions. Order the transcript to send, then you will not have to worry if you are sending a complete copy or not > http://www.irs.gov/Individuals/Order-a-Transcript

2. The petitioner/sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income (and then there's a list of evidence I could supply as proof of wages).

So my wife, last year, made less than the 125% required. In July/September she took a job that met that requirement however, she quit that job and took on a new one literally a week ago that also meets that requirement. My application was sent in September so if I submit proof of her income thru a letter of employment, it will be from a different employer than what's listed on the I864. Also, she gets paid quarterly, it's kind of a salary + bonuses she will be making so she doesn't have a check to prove it (yet) and it will be too late by the time she gets her first quarterly pay. What should I do? Should I even bother with that or should I have her mom who is well above that 125% sign an affidavit of support form or would a letter of employment suffice?

Send in an employment letter from the new job and most recent pay stubs from the job she had when she filled out the I-864. She can explain in a statement about changing jobs but that they both met the requirement. USCIS does not know that she meets the income requirement if you do not send in any proof of her income with the I-864.

3. Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the federal poverty line for the petitioner/sponsor's household size.

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

Now, this one I don't understand at all. Is this not the same as #2 or is this something different? Why does my wife (The US citizen) need to show evidence of assets (ie. ownership of stocks, bonds, property etc)?

You sent no proof of income. They are saying if she does not meet the requirement, she can use assets to make up the shortcoming in her income or you can use a joint sponsor. All this is mentioned in the I-864 instructions. Your wife really should read though those. Since she will not even be paid not even once before your RFE is due, you might want to be on the safe side and provide a joint sponsor. The joint sponsor will need to provide their own separate I-864, most recent tax transcript, letter from employer and/or recent pay stubs. They must also provide proof of being a USC or LPR.

[kebandre 0]

thanks so much JayKay. I personally think that providing a joint sponsor would be easiest and would require less question/explanation. If I provided the joint sponsor, would I (should I) still need to do #2?

Also, for #2 as proof of payment from her previous job, she just got a cheque (no stub with official payroll deductions) once a month. Would a copy of 2-3 of those checks showing monthly pay suffice?

Edited December 3, 2013 by kebandre

[KayDeeCee 4,893]

If you go with a joint sponsor, then just have your wife provide an IRS tax return transcript for 2012 and the letter of employment from her current job. You could also skip the letter from her employer too, since there will be a joint sponsor and she will not need to prove she meets the requirement.

[kebandre 0]

Do both initial sponsor and joint sponsor need to be above the poverty limit?

[KayDeeCee 4,893]

No. A joint sponsor is used because the USC petitioner/sponsor does not meet the requirement. The joint sponsor must meet the requirement for their own household size plus the intending immigrant.

[kebandre 0]

ok thank you.

I am about to submit these forms in. Should I include in a letter or cover letter a little note about why I am not filing proof of my wifes income and instead I am providing a second joint sponsor (i864) instead or should I simply just send in the co-sponsor i864 attached to the letter they sent me?

Edited December 17, 2013 by kebandre

[KayDeeCee 4,893]

Just supply the most recent tax transcript for your wife that they requested and then provide all the documentation needed for the joint sponsor, their I-864, their most recent tax transcript and their proof of income. They also need to provide proof if being a USC or LPR. I would personally go ahead and use a cover letter to explain what you were including with your RFE.

[kebandre 0]

Thanks for the help Jay Kay. I submitted all the info as requested in the Initivial evidence request in my first post and sent in all the documents for a joint sponsor and in the cover letter i explained that since my wife's income is below that 125% limit that we're filing for a co-sponsor.

I just got another request for evidence last week and it seems like they accepted my co-sponsor but they are requesting her most recent tax returns, which I provided the previous 3 (2010,2011 and 2012 years. 2013 hasn't been filed yet so 2012 is the most current). So I am not sure why they are asking for it. Is it possible I sent in copies of the wrong page of the tax return? I believe the first 2 years (2010 and 2011) was a copy of of the 1040EZ and the 2012 year was just a 1040 (I couldn't find the co-sponsor's 1040EZ).

They are also still requesting proof of my wife's income as stated in the initial I864 filing which at the time put her above the 125% threshold. I had explained in the first request for evidence that at the time of filing the I864 she had just accepted that particular job and subsequently quit 2 weeks into it so we have no proof and wouldn't meet the 125% threshold as things are currently.... hence the need to file for a co-sponsor. What should I do here? They obviously accept the co-sponsor so why is my wife's income relevant anymore?

I have an appointment on Feb 7th to speak to an immigration officer (set up thru info-pass) in downtown LA. Do they generally help?

Edited February 1, 2014 by kebandre

[belinda63 3,038]

Did you provide your wife's W-2s with the tax return? It must be a complete return as if she had filed it by mailing it to the IRS.

[KayDeeCee 4,893]

Yes, did you provide a complete copy of the tax return? It must include all forms, schedules, W-2s and/or 1099s. It cannot be just the 1040 by itself. OR you can get a tax return transcript for free from the IRS and not have to worry about if all the forms were provided. The tax transcript is all you need > http://www.irs.gov/Individuals/Get-Transcript

Perhaps they are asking for proof of her income because in that case the joint sponsor would not be needed. However, it is and they need to know she is not currently earning enough. Provide a statement that your wife currently has no income because she is no longer working at that job. Provide an updated I-864 for your wife that lists her current income as zero, if she is currently unemployed.

[babeej 1]

We haven't file yet the itr for 2013... what are we going to put in our I864 2012 or 2013? For the annual income? Please any help is highly appreciated....

[KayDeeCee 4,893]

We haven't file yet the itr for 2013... what are we going to put in our I864 2012 or 2013? For the annual income? Please any help is highly appreciated....

You should have started your own thread, as your question really has nothing to do with the topic of this one. Anyway, current annual income is just that. It is not what you made in the past. Hourly pay times number of hours a week, then multiply that by 52 weeks to get your current annual income. Unless you are self-employed, then you use the Total Income amount from line 22 of your most recent 1040.

[babeej 1]

Thank you jay-kay., and sorry if I'm in the wrong spot I can compute the annual income but the thing I'm confused was the annual income to use since we haven't file yet his tax for 2013....

[KayDeeCee 4,893]

Current annual income is just what I told you. It is not something from the taxes. It is how much you make an hour times how many hours you work per week, then multiplied by 52 weeks in a year. For example, someone makes $10 an hour and works 40 hours a week. That is $400 times 52 = $20,800 for current annual income.

The information from the last 3 years of taxes is listed as a different question on the form. If you have not filed 2013 taxes yet, then for that section of the form you would enter the total income from line 22 of the 1040 from your 2010, 2011 and 2012 taxes. Include the 2012 tax trans transcript with the I-864.

Edited February 4, 2014 by Jay-Kay