RFE - I485/Tax Documentation

[sdhiman 0]

Hi

I recently filed I485 for my mother currently in US on B2 visa. We did her biometrics but yesterday I received an RFE (Request for Initial Evidence) for her application. USCIS is requesting we submit 2 things:

1. All supporting tax documentation submitted to IRS for the most recent tax year

2. Based on documents submitted with I-864, the income did not meet 125% of the poverty guidelines.

For #1, I am self employed and I do not receive 1099. I only have my checks that are sent to me as I complete the projects. I included those in the initial application. I sent my tax transcripts for 2012, 2013 and 2014. Since sending off the application, I have filed my 2015 tax return. Should I send in my tax return for 2015 and include my copies of the checks for 2015?

For #2, my husband receives VA disability income. He signed I864A which we attached with the I864. My income + his income added up is more than the poverty guidelines. However, his income is non taxable so it is not included in the IRS tax transcript. I included his Benefits Verification Letter stating what he receives monthly. Should I send in a cover letter to explain this and include copies of bank statements showing the deposit?

Please help.

Thanks

[francais_usa 74]

Hi

I recently filed I485 for my mother currently in US on B2 visa. We did her biometrics but yesterday I received an RFE (Request for Initial Evidence) for her application. USCIS is requesting we submit 2 things:

1. All supporting tax documentation submitted to IRS for the most recent tax year

2. Based on documents submitted with I-864, the income did not meet 125% of the poverty guidelines.

For #1, I am self employed and I do not receive 1099. I only have my checks that are sent to me as I complete the projects. I included those in the initial application. I sent my tax transcripts for 2012, 2013 and 2014. Since sending off the application, I have filed my 2015 tax return. Should I send in my tax return for 2015 and include my copies of the checks for 2015?

For #2, my husband receives VA disability income. He signed I864A which we attached with the I864. My income + his income added up is more than the poverty guidelines. However, his income is non taxable so it is not included in the IRS tax transcript. I included his Benefits Verification Letter stating what he receives monthly. Should I send in a cover letter to explain this and include copies of bank statements showing the deposit?

Please help.

Thanks

1) You should definitely attach the 2015 tax transcript or 2015 return and W-2, last 6 months of paystubs (in your case, your checks).

2) I would include an explanation of what you just described above and yes, definitely include the bank statements and a boatload of other evidence.

[sdhiman 0]

Thank You!

I am also planning to attach an updated I864 with last years being 2015, 2014 and 2013 AND adding bank balance as asset from our second bank account. The I-864 with the original submission showed details for 2014, 2013 and 2012 and no assets.

Considering the income is above the poverty guideline, I don't think its needed but I am planning to send it anyways. So all in all, the RFE package would include:

1. Cover Letter indicating the contents of the package

2. Updated I-864

3. Tax Return + Checks/Documentation on 2015 Tax Return

4. Bank Statements for 12 months showing VA Deposit

5. Benefits Verification Letter from VA showing monthly amount deposited (Already sent as part of package but re-sending)

6. Document from IRS page stating VA income is non taxable.

7. Bank Statements for 12 months from second bank showing checkings/savings balance as Assets

8. Simple spreadsheet explaining the math (my income + VA income > Poverty Guideline)

Hopefully, this is enough.

[KayDeeCee 4,896]

Check with your local IRS office to see if you can get the transcript for 2015. They may want to see that because you are self-employed and have no 1099 to add with a copy of your return. It is tougher to prove income when self-employed or have non-taxable income, so yes, send all that documentation you have listed.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[sdhiman 0]

Hi

I am finally ready to mail this out today but on reviewing the documentation, I am a little confused on how to properly add the VA disability income. Do I enter it as "Current Income" on I-864A OR does it go in Part 4 (Assets) under Section 3.c? I am not sure because my husband, who is filling out I-864A to supplement my income on I864, is currently a student. So under Part 3 for Employment and Income, I selected, 1.d (I am currently Unemployed).

My understanding is that it is income and a cover letter explaining the source of income when he is unemployed is enough but looking for a confirmation before I mail this out.