Request for Initial Evidence

[CaitandJu 0]

Hello Everyone,

I sent my Adjustment Of Status 2 month ago to adjust my Status from a K1 Visa.

Today I received a Request For Initial Evidence

1) Evidence of current income :

We didn't send any pay stubs cause she just started in the company, so she sent her contract only. They request a letter of employment which we can get.

But they also require "Pay stubs of pay for the past 6 months" which we don't have cause sh's been working there for only 2 month and before that we were abroad. Is that a problem?

2) Submit all supporting all supporting tax documentation (W2-s, 1099s, Form 2555, and all supporting tax schedules) for the most recent tax year.

So we arrived in this country in October 2014, what are we supposed to send?

3) I guess they think we don't meet the income required (125% poverty line), so they said we need a joint sponsor or we need to show proof of assets etc..

We didn't fill this part in the I-864 because she's making 50K+ per year so it is optional to fill this part (about asset) when we meet the required income.

Do you think we need a co-sponsor?

We haven't been in the country for the past 3 years, so she doesn't have all the IRS and Tax papers (except the taxes that she filled from abroad) what are we supposed to send?

Do you think we need a joint-Sponsor?

I guess it's our last shot, if we don't provide the right information we gonna have a denial, right?

Regards

[Penguin_ie 5,997]

1- I would send the paystubs you have, and add a letter of explanation as to why you only have two months. Also, if the letter from the employer can include that it isa permanent/ long term job and she is doing well and expected to stay long term, that would help.

2-As a US citizen, she is expected to file taxes even if living abroad. Did you do that? If so, send it. If not, backfile taxes right now, and then send proof of having done so.

3- Probably not, but it will depend on the stability and credibility of her current job (ie if she works for a major national company, you will likely be fine; if she works for a small, shakey start up or her dad, then they may want a co-sponsor). If you have assets though (savings, 401K, stocks and shares, second car etc), I would include it to make your case stronger.

[KayDeeCee 4,896]

If you were not legally required to file taxes, then you needed to include a statement explaining why you were not legally obligated to file any of the last 3 years.

Provide the proof you do have, letter from employer and the pay stubs. It is possible they could still want a joint sponsor, since the employment is so new. They would either send a second RFE for you to provide a joint sponsor, or they would deny it and you would need to refile using a joint sponsor.

[CaitandJu 0]

2-As a US citizen, she is expected to file taxes even if living abroad. Did you do that? If so, send it. If not, backfile taxes right now, and then send proof of having done so.

Yeah exactly, and she sent the taxes that she filed. But she doesn't have any W2s or any exotic form that she would get if she was here. So we can't provide what she was not supposed to have. Maybe we should have sent a letter explaining why we can't enclose this stuff.

She's working for a big and major company in the US. But we gonna provide a joint sponsor, that is retired by the way, so she doesn't have all the forms either.. but she has a lot of asset, so hopefully with the two sponsors will be more than fine..

Thanks a lot for your help.. We don't wanna chance to be denied..

[CaitandJu 0]

Hi Guys!

Quick question: Do you know if they put the Temporary Work Permit on hold when they send you a "request for initial evidence" for your adjustment of status??

When I look at my status application for this part of the application it doesn't seem so.. Just wanted a confirmation if someone knows..

Thanks a lot!

[NancyNguyen 1,658]

Hi Guys!

Quick question: Do you know if they put the Temporary Work Permit on hold when they send you a "request for initial evidence" for your adjustment of status??

When I look at my status application for this part of the application it doesn't seem so.. Just wanted a confirmation if someone knows..

Thanks a lot!

Everything is on hold when RFE is sent.

[CaitandJu 0]

Everything is on hold when RFE is sent.

Shoot!

I've seen in your case it took only 10 days after they received your response to get your EAD.. Can be quick..

Thanks