i864 request for initial evidence.

[MDaffron 2]

Hello!

My name is Melissa, and I filed for i485 and i130 as the intending immigrant. First of all I hope this is the right area to post this question, if not I apologize.

I received my notice of action on 07/14/14 and I got back from Atlanta after giving my biometrics today. I checked the mail when I returned to find, a PINK letter. Our hearts dropped. What could this be?! Did we do something wrong?

Apparently so.

We received a request for initial evidence for our joint sponsors i864. Asking for birth certificate, or other proof of citizenship. Oops, I didn't realize I had to send that as well, but makes perfect since because my husband did.

So let me explain before I get to deep. My husband did not meet the financial requirements for the last three years, since he's a business owner. So his step-father volunteered to be the joint sponsor, as he makes FAR above the requirements. He's (obviously) married to my husbands mother, so on the form they put both put their income and other information. The i864 is filled out correctly, there is no problem there. The problem is, in this past year (2013) they filed their taxes jointly.all previous years were separate. So just in case I included her taxes from 2011 2012 as well as his. 2013 they just have one 1040. I should note that the joint sponsor is a business owner.

here are the exact words they wrote on the request: Submit all supporting tax documentation (w-2s, 1099s, form 2555. And all supporting tax schedules.) submitted to the internal revenue service for the most recent tax year. And in red ink it says 2013.

The joint sponsor must submit all supporting tax documents for the most recent tax years.

But I had sent in a 1040 from my husbands stepfather.

Questions:

Does the wife need to send a 1040 when they filed jointly and she is retired (didn't make anything last year.)

Are there any other tax documents I'm missing

Does the joint sponsor and wife need to fill out a g325 (the pink slip does not specify.)

The uscis offices didn't specify what exactly I need to send when I called, I want to do this right.

Thank you for reading,

Melissa

Edited August 14, 2014 by MDaffron

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Harpa Timsah 13,258]

Okay, so you need proof of citizenship. That's 1.

2. A 1040 is not a complete tax return. There are schedules and W2s and other things. You need to send a complete tax return. A complete tax return is different for each person. If you don't know what is in the complete return, then have the joint sponsor order tax transcripts. You need to send that. The RFE specifically mentions that you id not send in supporting documentation (this means W2s and the stuff they list there).

3. If the joint sponsor filed taxes with this wife, then you need to have the wife fill out an I-864A, which says it is okay for the husband to use the household income to sponsor you.

4. No G-325A. Do what they say, don't add in things just because. Be very methodical and follow the instructions line by line.

Edited August 15, 2014 by Harpa Timsah