Request for Initial Evidence (I-485) - - - PLEASE HELP!!!

[mistifogg38 0]

I am a US Citizen. In June I filed Form I-130, Petition for Alien Relative for my step-son (who is under the age of 21, unmarried and from Canada), which was accepted on 6/9/15. In September, my step-son arrived in the US and at the beginning of October I filed Form I-485, Application to Register Permanent Residence or Adjust Status and Form I-765, Application for Employment Authorization, which were accepted on 10/6/15. A few weeks later we received a Bio-Metrics appointment for 10/28/15 - that was completed. Then that same week I received a "Request for Initial Evidence (I-485)" in the mail requesting the following:

1) evidence of petitioner/sponsor current income,
2) supporting tax documentation for most recent tax year and
3) based on the documents submitted with Form I-864 the income did not meet 125% above poverty guideline requirement - submit evidence of assets that meet the standards and/or obtain a joint sponsor.

I believe I received the RFE due to the fact that the original Form I-864, Affidavit of Support sent had a mistake under Part 6 in which the "My Current Annual Household Income" section was left blank and also due to that fact that I did not submit the supporting tax documentation (W-2s, 1099s, etc.).

I am able to provide all the requested evidence for 1) and 2) BUT I cannot for 3).

However, given the fact that my current individual income does meet the 125% above poverty guideline requirement (is actually WAY above), which the evidence I am providing will prove I feel it is not necessary but I am nervous to send as is since the RFE stated to "Submit ALL of the information requested below at one time. Failure to do so will result in denial."

Would it be acceptable for me to send without the evidence requested in 3)?

PLEASE NOTE that given the fact that I do meet the requirement and can prove it with the evidence provided, I should not be required to provide evidence of assets or obtain a joint sponsor and would assume that what I am providing is sufficient......yet I am still nervous to send without it, though I honestly I do not have assets to provide evidence on and I am unable to obtain a joint sponsor.

Upon review of several forums I decided to provide the evidence for 1) and 2) along with a amended I-864 that substantiates the evidence provided and proves I meet the requirement along with a cover letter explaining this.

Would this be sufficient?

Any advice on this subject would be VERY appreciated!!! THANK YOU!!!!!!!

P.S.

Edited November 10, 2015 by Penguin_ie

[Elf 146]

- Moved from Bringing Relatives Of Permanent Residents to AOS From Family-Based Petitions Case Filing And Progress -

- OP is USC petitioner, beneficiary is her stepson, process is at AOS stage -

[Anh map 2,098]

Yes. The request for initial evidence means that something was missing. So if you supply the missing information (in this case your income information) then #3 would not be needed.

Be sure to send all the needed evidence: tax transcript or complete tax return copy along with all supporting documents [W2, 1099, etc.], recent paystubs, employer letter, and anything else that was omitted the last time.

[KASH2011 382]

I am a US Citizen. In June I filed Form I-130, Petition for Alien Relative for my step-son (who is under the age of 21, unmarried and from Canada), which was accepted on 6/9/15. In September, my step-son arrived in the US and at the beginning of October I filed Form I-485, Application to Register Permanent Residence or Adjust Status and Form I-765, Application for Employment Authorization, which were accepted on 10/6/15. A few weeks later we received a Bio-Metrics appointment for 10/28/15 - that was completed. Then that same week I received a "Request for Initial Evidence (I-485)" in the mail requesting the following:

1) evidence of petitioner/sponsor current income,

2) supporting tax documentation for most recent tax year and

3) based on the documents submitted with Form I-864 the income did not meet 125% above poverty guideline requirement - submit evidence of assets that meet the standards and/or obtain a joint sponsor.

I believe I received the RFE due to the fact that the original Form I-864, Affidavit of Support sent had a mistake under Part 6 in which the "My Current Annual Household Income" section was left blank and also due to that fact that I did not submit the supporting tax documentation (W-2s, 1099s, etc.).

I am able to provide all the requested evidence for 1) and 2) BUT I cannot for 3).

However, given the fact that my current individual income does meet the 125% above poverty guideline requirement (is actually WAY above), which the evidence I am providing will prove I feel it is not necessary but I am nervous to send as is since the RFE stated to "Submit ALL of the information requested below at one time. Failure to do so will result in denial."

Would it be acceptable for me to send without the evidence requested in 3)?

PLEASE NOTE that given the fact that I do meet the requirement and can prove it with the evidence provided, I should not be required to provide evidence of assets or obtain a joint sponsor and would assume that what I am providing is sufficient......yet I am still nervous to send without it, though I honestly I do not have assets to provide evidence on and I am unable to obtain a joint sponsor.

Upon review of several forums I decided to provide the evidence for 1) and 2) along with a amended I-864 that substantiates the evidence provided and proves I meet the requirement along with a cover letter explaining this.

Would this be sufficient?

Any advice on this subject would be VERY appreciated!!! THANK YOU!!!!!!!

P.S. RFE.pdf

Can you scratch out or cover your A# and Case# on the 2nd page of your PDF attachment? Thanks

[Penguin_ie 5,996]

***** attachment removed from Op due to personal info in it. For your own privacy and safety, please never post publicly full names case or phone numbers, email or postal addresses *****