Request for Initial Evidence (I-485)

[milesinfront 2]

Hi all,

Today I received a letter from USCIS stating that they are unable to complete the processing of the I-485 without initial information. (I am pretty sure I sent all the requested info with the initial I-485 application) The following is stated:

F(37): 'The household member's current income is being combined with the Form I-864 Affidavit of Support sponsor's income to meet or exceed 125% of the poverty line. Submit evidence of the household member's current income. Evidence includes a letter from current employers and should show dates of employment, the nature of the job(s), wages or salary earned, number of hours/weeks worked, and prospects for future employment and advancement. The household member should also include pay stubs for the most recent 6 months.'

F(40): 'The sponsor of joint sponsor (if required) on Form I-864 Affidavit of Support must submit the following:

-W-2s, 1099s and/or all schedules submitted to the IRS - a copy of his/her Federal income tax return was submitted and/or the sponsor or joint sponsor requested an extension to file his or her Federal income tax return.

-Federal income tax returns for the most recent tax year or certified Internal Revenue Service copies... If the sponsor was not required to file a federal tax return for the most recent tax year, the sponsor must provide an explanation as to why s/he was not required to file federal income taxes.

-Evidence of current employment or self-employment including a letter from each employer on business stationary, showing beginning date of employment, type of work performed, number of hours worked each day, and salary or wages paid. If self-employed, submit a recently dated latter on business letterhead or a business license.'

I would be grateful if someone could advise me of the following:

Firstly, we originally sent my wife's tax returns for the most recent tax year. As they were insufficient, we included all the info requested from her father, i.e. the household member. As he is self-employed, should we now simply enclose a letter on headed business paper stating his income, etc, in addition to the pay stubs?

Secondly, I am puzzled as to why they are requesting my wife's tax return again, as I have already sent this. As she is now employed (she was not when we submitted the initial affidavit) should we fill out another affidavit form to take into account her current wages, or would a letter from her new employer be enough?

Thanks!

[KarenCee 3]

You can't get around that RFE. Just send them what they want, even if you sent it already the first time around. Does no good to argue with them, if you decide to call them about it. They have the right to ask for whatever they want. Frustrating, yes...but many of us have had to do that.

As to the tax issue, with our RFE I sent my tax transcripts from the IRS. You can call the IRS and order them over the phone for free and they *should* be to you in the mail within 10 days. "Should" being the operative word. Good Luck!

[Sven 0]

Blah I got the same ####### too. They are so ###### up. It is about time to update their messed up dystem.

[ninamyers 0]

We got an RFE for the affidavit stuffs too. We sent back everything we possibly could, and today they asked for 2006 tax returns as well. My goodness.