I485 RFE Issue. Advice?

[Sheeeeeeep 0]

First post from a confused petitioner. I'll provide as much information as I have on hand. Thanks to anyone who can help!

My wife has been in the US on a student VISA for the past two years. We were married before it expired. We have submitted an I485, an I130, an I131, and an I175. The I131 has been approved (she wants to visit her parents next year). The I130 and I175 are stuck in initial review, assuming because they are waiting to verify the I485.

We submitted the I485 the first time. I included my W2 forms for 2010, 2011, and 2012 and we filled out the form to the best of our ability. We received a request for more information and when refiling all of the information I noticed that my HR department made a fairly big mistake by sending me the wrong W2. They sent me one that belonged to another employee. I gathered the correct W2 forms for the same three years and we went over the I485 form and called the 800 number to ask a few questions about some questions we were a little fuzzy on. When we received the first request for information letter they stated they could not verify that my income is the correct amount above the poverty line. In 2010 I was making right at 30k, in 2011 and 2012 I was making around 35k. I am now making over 60K and while I do not have a W2 I did include a form from my HR showing my salary history with the company. I assume 30k is enough over the poverty line requirement, which I think the requirement is around 20k.

My wife, being here on a student VISA, has not been employed at all in her two years here.

Checked my status today and see that they've sent out another notice for "request of initial evidence". I'm at a loss as to what we may have not included the first time around and am worried that finances are in question again. Are W2s not the correct form that they're asking for? Do I need to provide them with more information? I saw in the packet where it suggests sending in bank transaction histories and the like as well.

Could anyone offer some information that I may be missing?

At the moment our option going forward is to wait for the packet, find out what information they are requesting, and then call the 800 number and ask them to send in a request to the National Benefits Center as well as submit an InfoPass request for an appointment.

Looking over the information it seems that I485 is the designation for the whole package with various forms included in it. From my perspective, the I485 is the designation for the process as a whole with I864 being an additional form with in the I485 packet. I pulled the copy of the Request for Evidence letter and it specifically states that I need to refile I864 along with a copy of my Complete Federal Tax Income Return for the most recent year, which was 2012 W2 that was incorrect. So I now assume that the Request for Information for I485 that we were notified of today will not necessarily be a request for the same information or an indicator that a problem necessarily exists with the I864 form.

However, the second page of the RFE states that I did not pass the 125% Poverty Line. I am assuming at the moment this was due to the incomplete information provided the first time we submitted.

I also only supplied my W2 forms, but after speaking with my HR department, I may also need to supply Federal 1040. Could anyone verify this may be the case?

[aleful 1,905]

hi

that's the mistake, the i485 is the adjustment of status form, but the affidavit of support is the i864 form, so you send in the i864 with the supporting evidence, such as taxes, employment letter and paystubs.

you didn't mention taxes, W2s aren't enough, you need your taxes, did you send tax transcripts? as a USC or LPR you are supposed to file taxes.so they need to se what you have sent to the IRS

you will keep getting RFE's until you send everything correctly.

[Sheeeeeeep 0]

Are tax transcripts the 1040/1040ez? My wife's American brother in law said he only needed to supply a W2, which is why that's the only thing we included. I can get my 1040 for the last year though. Still waiting on the RFE to come in to find out specifically. Just trying to get as much info together in preparation.

Thank you for your reply!

[Hypnos 6,578]

Fire your wife's brother-in-law.

You should obtain tax transcripts from the IRS. They are free, and are actually preferred by USCIS because they show your complete tax return in a single document.

You can order them online here: http://www.irs.gov/Individuals/Order-a-Transcript or by phone at 1-800-908-9946. It will probably take a week or two to receive them, so you should do this now.

Edited December 13, 2013 by Hypnos

[Sheeeeeeep 0]

I couldn't actually order mine via the website or the 800 number. Dunno why. Ended up submitting a form for them. However, the RFE had, in hand writing, "1040" and my name highlighted. So, hopefully, that's all they need. I got with my tax preparer last year and had them send me my 1040, payment receipt, and my expanded W2. Sent that along with 12 months pay stubs from work, and 12 months transaction history for all of my bank accounts.

If that isn't enough then I dunno what.

[rangers_texas 2]

I received a RFE because I only included my W2. I had to send off an explanation as to why I didn't file tax return. I didn't make enough, I was doing an internship (CPT visa) and barely made anything.

[Sheeeeeeep 0]

They have 2012 1040. It was quickest and easiest to get. I'm getting my 1040s for 2011 and 2010 and going to go ahead and send those to them as well in the mean time just in case...

[Sheeeeeeep 0]

My I485 hasn't been kicked back and the RFE I had stated that once we supplied them with the information they wanted (1040) they would start working on my wife's work permit. Well, the work permit card was ordered and will be mailed out within 30 days. No other RFE issues so far. Any idea what we could look forward to next? Possibly an interview?

[lasko12 9]

Fingerprint appointment could be the next not the interview.

[Sheeeeeeep 0]

Nah, she's already had fingerprints and got the interview heads up yesterday.