Request for INITIAL Evidence (I-485)

[doug_simply 0]

Hi - we are in a very similar predicament:- just received a request for initial evidence in relation to my I-485.

We married in late 2014 and sent the forms off. My US wife was not required to file a tax return for 2013 (or the previous 6 years), so we wrote a letter of explanation (as it asks for) and filed all her pay stubs, letters from employers, etc, for 2014, just no IRS related documents as there were none to send (we sent before 31 Dec 2014).

We are now being asked for all the IRS forms, which as it is now 2015 and she has received her 2014 W2s, we can do.

We were also told on the reply that my US spouse did not meet 125%, so we have to provided more evidence. But this is untrue. She DID meet the requirements.

So, do USCIS only count income as income actually received, rather than income based on a pro rata basis? She started working in early 2014, so did not earn the full yearly amount that would take her over the requirements, so maybe that's why? It makes no sense otherwise. In which case unless we can get a joint sponsor does this mean we have to wait for her to earn a full year's worth of the amount required?

As far as I can see, we filed correctly, now we are being told otherwise. I feel like they are buying time due to too many forms to process and so they are asking for her 2014 tax returns now rather than her 2013 as they should have been processing it as and are just being lazy about it and are using it as a get-out clause. So frustrating!

[marissou36 2]

Update:

- Once again my application to social security card didn't work out, it was too close to expiry date on my visa K1.

- Response to RFE was sent by my lawyer on March 27th, USCIS received it on March 31st and resumed processing my AOS.

- I got my approval notice for EAD and AP on April 10th, and USPS tracking website says I should get the card tomorrow!

So I will renew my application to SS once I get the EAD card and hopefully in two weeks I can start working!

[marissou36 2]

Hi Doug sorry I didn't see your message earlier!

How are things going now did you send a response to the RFE yet?

If you want I can send you the list of supporting documents we sent with our response

Let me know! good luck