RFE I-485: Everything has been submitted during 1st submission, why are they asking again?

[AliaAlia 9]

We received an RFE for our I-485 today. I'm pretty confused cause what they're asking from us, has already be given to them when we submitted our application.

My husband is the primary sponsor.

Below are the things required in the RFE:

(Note: words in GREEN are the ones being highlighted in the letter itself - so I'm guessing we need to focus on the highlighted ones only?)

(my comments in BLUE)

1) Submit all supporting tax documentation (W-2, 1099s, Form 255, and all supporting tax schedules) submitted to the IRS for the most recent tax year.

The petitioner/sponsor's household member must submit all supporting tax documents fore the most recent tax year. (And "2013" was handwritten next to this point.)

Comment:

We used a joint-sponsor (mother-in-law MIL) cause his income is below the poverty guidelines. My husband is currently working as a subcontractor for his mom's small business, and since he's a subcontractor which is technically self-employed, he gets no W-2 but files for 1099-MISC instead. We've sent in his 1099-MISC (2011-2013). I've also sent copies of his checks of what he earns monthly (for 6 months) and his Federal Income Tax Returns (2011-2013)

As for our joint-sponsor (MIL), she owns a small business so it's self-employed as well. There's no W-2 so we've sent in her 1099s (2011-2013) and her Federal Income Tax Returns (2011-2013).

Because her income is filed jointly with her husband (father-in-law FIL), I've sent FIL's W-2 (2011-2013) as well......which I thought at that time was a good idea....

Now the question is, what do they mean by "household member" here? And whose W-2 should I send in? Neither the primary sponsor nor joint-sponsor has W-2....

2) Based on the docs submitted with Form I-854, Affidavit of Support, for the petitioner/sponsor and household member(s), the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size.

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

(yadda yadda yadda on determining assets)

If you decide to obtain a joint sponsor, they will need to file Form I-864A, Affidavit of Support (revision date 03/22/13), provide copies of the most recent Federal income tax returns, all supporting tax documents (W-2, 1099s, Form 2555, and tax schedules), and evidence of their status as a US citizen, US National or Lawful Permanent Resident.

My comment:

We used my MIL as a joint sponsor, and since we are currently living with her, we filed for Form I-864A instead.

All copies of her Federal Income Tax returns for the last 3 years, her 1099s for the last 3 years were submitted as well.

We've also sent in a copy of her birth cert (US Citizen)

So should I resend them? I mean did they miss her whole file or something?

Appreciate your input

Edited December 15, 2014 by AliaAlia

[AliaAlia 9]

An addendum....

These were what we sent in during our 1st submission (with regards to I-864/financial forms):

· I-485: Application to Register Permanent Residence or Adjust Status – Signed, Dated 06/23^/2014

o I-864: Affidavit of Support Under Section 213A of the Act - Completed by Primary Sponsor

§ USC Spouse’s Copy of Birth Certificate

§ USC Spouse’s Copy of Passport Biographical Detail Page

§ USC Spouse’s Copy of Bank Statement

§ USC Spouse’s Certificate of Employment

§ USC Spouse’s Miscellaneous Income Form 1099-MISC (recent 3 years)

§ USC Spouse’s Federal Income Tax Return Form 1040 (recent 3 years)

§ USC Spouse’s Profit or Loss From Business Schedule C (recent 3 years)

§ USC Spouse’s Self-Employment Tax Schedule SE (recent 3 years)

§ USC Spouse’s Pay Stubs (recent 6 months)

o I-864A: Contract Between Sponsor and Household Member – Completed by Joint Sponsor

§ Joint Sponsor’s Copy of Birth Certificate

§ Spouse of Joint Sponsor’s W2 (recent 3 years)

§ Joint Sponsor’s Bank Statement (joint account with spouse)

§ Joint Sponsor’s Bank Statement (self-employed)

§ Joint Sponsor’s Certificate of Assumed Name for Sole Proprietorship, Partnership, Limited Partnership

§ Joint Sponsor’s Federal Income Tax Return Form 1040 (recent 3 years)

§ Joint Sponsor’s Profit or Loss From Business Schedule C (recent 3 years)

§ Joint Sponsor’s Expense for Business use of Your Home Form 8829 (recent 3 years)