Request for Initial Evidence (I-485)

[trecs 0]

Hi Everyone,

Hope you're all well

I've just received an Request for Initial Evidence for my AOS. The message reads:

• ".. Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

the petitioner/sponsor must submit all supporting tax documents for the most recent year.

• Based on the documents submitted with Form I-864, Affidavit of Support for the petitioner/sponsor, the income did not meet the 125% 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...." etc.

First of all, i did submit W-2s and 1099s for my sponsor. What is Form 2555 and can anyone expand on tax schedules please? and it is 2014's right?

Also, I'm assuming this point is just for my sponsor as I haven't filed taxes here, as I've had no job in the US.

And obviously the second point, my sponsor doesn't earn enough for the household size and his taxes don't meet the poverty line anyway.

Can he obtain another job, and receive a letter from them stating his hours, wage, and along with his payslips? do you think that would be acceptable?

And if not, then we need to find a co-sponsor. Does the co-sponsor need to meet the guidelines on their own, or is it jointly with the original sponsor?

Also, I applied for employment aswell, will this affect that? if it comes through in time, can my husband's income and mine be joint and basically co-sponsor myself?

Sorry, i know I've written a lot, but hopefully you guys can help! Thanks for taking the time to read my post.

[Nich-Nick 3,354]

Is it just two in the household? Husband and you?

Did he make more than $19,912 on his 2014 tax return.

Did you submit anything from his employer stating his job and current earnings?

Did you submit 6 months of pay stubs?

A complete tax return includes firstly Form 1040, or 1040A, or 1040EZ.

Which of those did you send in with the Affidavit of Support?

[trecs 0]

Is it just two in the household? Husband and you?

Did he make more than $19,912 on his 2014 tax return.

Did you submit anything from his employer stating his job and current earnings?

Did you submit 6 months of pay stubs?

A complete tax return includes firstly Form 1040, or 1040A, or 1040EZ.

Which of those did you send in with the Affidavit of Support?

- Yes, just two in our household

- No, he didn't make that amount on his tax returns, it was significantly less. His current earnings though are about $18,700. so we're $1000 short-ish.

- We submitted a letter from his employer stating his hourly earnings, and how many hours he works a week. and that he's due to receive in the near future which would put him over the 125% mark.

- submitted the past few months of pay stubs

After looking at the copies i made, i sent the W2s and it was actually the 1040EZ.

If we can't find the 1099s, is this something we can request from the IRS? and also, i don't think Form 2555 is relevant as it says its for Foreign Income?

[Nich-Nick 3,354]

He has to be over now, not the near future.

He is $1212 short. You can make up for the shortfall with savings (3x$1212) in excess of $3636. If he is not your spouse because it is a adjustment from a different visa, then it is 5 times the shortfall. Other than that he needs additional income before the deadline they gave you to respond or you need a joint sponsor who qualifies based on their household size.

The tax return does not have to cover the required amount if you submitted evidence that the current earnings are more than was reported on the 2014 return.

Their reference to the tax return is an example. People with employers get W2s. People who are contractors get 1099s. Both tell wages earned in a year. Not too many people have both. In addition to that the actual tax return can be very simple with only a form 1040EZ to more complicated with Form 1040, Schedule A, B, C, D, etc. Each of those schedules reports other income like interest, dividends, self employment, or itemized deductions. Form 2555 is when. The person has foreign income they wish to exclude.

The point in the RFE is generic and not custom to you. It is saying send every single page of the tax return including additional pages that are called Schedule __ or Form __ IF those were part of your return. And send us the wage statement which may be a W2 or may be a 1099. If you did not send every page of the return and a wage statement for every job, then do so or they won't consider the rest until you get that part correct. Then of course, the concern over him not making enough income is a big one. You can get denied if you don't come up with something by your RFE response deadline.

[trecs 0]

He has to be over now, not the near future.

He is $1212 short. You can make up for the shortfall with savings (3x$1212) in excess of $3636. If he is not your spouse because it is a adjustment from a different visa, then it is 5 times the shortfall. Other than that he needs additional income before the deadline they gave you to respond or you need a joint sponsor who qualifies based on their household size.

The tax return does not have to cover the required amount if you submitted evidence that the current earnings are more than was reported on the 2014 return.

Their reference to the tax return is an example. People with employers get W2s. People who are contractors get 1099s. Both tell wages earned in a year. Not too many people have both. In addition to that the actual tax return can be very simple with only a form 1040EZ to more complicated with Form 1040, Schedule A, B, C, D, etc. Each of those schedules reports other income like interest, dividends, self employment, or itemized deductions. Form 2555 is when. The person has foreign income they wish to exclude.

The point in the RFE is generic and not custom to you. It is saying send every single page of the tax return including additional pages that are called Schedule __ or Form __ IF those were part of your return. And send us the wage statement which may be a W2 or may be a 1099. If you did not send every page of the return and a wage statement for every job, then do so or they won't consider the rest until you get that part correct. Then of course, the concern over him not making enough income is a big one. You can get denied if you don't come up with something by your RFE response deadline.

Thanks for clarifying on the W2, etc. part. I can get that sorted.

And if they will take my savings in to account as we are married then we should be okay to cover the difference.

We may have to wait till January to respond as he will have his raise by then, and hopefully that paired with the fore-mentioned should be enough, fingers crossed.

Thanks again for your help.

[trecs 0]

He has to be over now, not the near future.

He is $1212 short. You can make up for the shortfall with savings (3x$1212) in excess of $3636. If he is not your spouse because it is a adjustment from a different visa, then it is 5 times the shortfall. Other than that he needs additional income before the deadline they gave you to respond or you need a joint sponsor who qualifies based on their household size.

The tax return does not have to cover the required amount if you submitted evidence that the current earnings are more than was reported on the 2014 return.

Their reference to the tax return is an example. People with employers get W2s. People who are contractors get 1099s. Both tell wages earned in a year. Not too many people have both. In addition to that the actual tax return can be very simple with only a form 1040EZ to more complicated with Form 1040, Schedule A, B, C, D, etc. Each of those schedules reports other income like interest, dividends, self employment, or itemized deductions. Form 2555 is when. The person has foreign income they wish to exclude.

The point in the RFE is generic and not custom to you. It is saying send every single page of the tax return including additional pages that are called Schedule __ or Form __ IF those were part of your return. And send us the wage statement which may be a W2 or may be a 1099. If you did not send every page of the return and a wage statement for every job, then do so or they won't consider the rest until you get that part correct. Then of course, the concern over him not making enough income is a big one. You can get denied if you don't come up with something by your RFE response deadline.

He has now got his raise which puts him at 20280 annually. drawback, we only have one payslip and we need to reply now. do you think they may consider this new increase in wage?