Request For Additional Evidence

[avesta 0]

Hello,

I received a letter stating that they require additional evidence.

1. Submit All Tax Documentation

2. Based on the form I-864 my income did not meet the 125% poverty guideline.

Now the weird thing is I did submit all tax documentation for the last 3 years and my income

According to the guidline for 3 or 4 people my income should be above $30,375, however my income was 6 figures so I don't want understand why they said it did not meet it. Did they not review my documents properly? Because I did submit all tax documents and from what I understand it did meet the poverty guideline.

Can someone assist and let me know what I'm missing?

[Pitaya 2,577]

It helps everyone that uses or is helped by the forum.

[Wooderz 314]

What exactly did you submit?

[Ebunoluwa 6,136]

When you say you submitted all tax documents it's a broad statement so be specific so we can give specific answers.

List everything you submitted and are you self employed, did you submit pay stubs, employer letter, official tax transcripts

or your tax returns with all schedules attached ?

[avesta 0]

When you say you submitted all tax documents it's a broad statement so be specific so we can give specific answers.

List everything you submitted and are you self employed, did you submit pay stubs, employer letter, official tax transcripts

or your tax returns with all schedules attached ?

I applied for adjustment of status for a family member that I sponsor. I submitted the tax returns for the last 3 years. I am self employed, submitted paystubs but no employer letter since I'm self employed and no official tax transcripts.

The funny thing is I submitted the same documents for my mum in I-130 and her application was approved so I'm not sure if the officer did not read it properly or what was the issue.

[Ebunoluwa 6,136]

I applied for adjustment of status for a family member that I sponsor. I submitted the tax returns for the last 3 years. I am self employed, submitted paystubs but no employer letter since I'm self employed and no official tax transcripts.

The funny thing is I submitted the same documents for my mum in I-130 and her application was approved so I'm not sure if the officer did not read it properly or what was the issue.

This is how I solved my RFE dilemma being self employed.

http://www.visajourney.com/forums/topic/552769-aos-rfe-self-employed/

I suggest you order official transcripts from the IRS and do a projected income business ledger so they know your

income will remain stable.

Yes, different IO's different RFE's.

[KayDeeCee 4,894]

If self-employed, did you provide the complete return with all forms, schedules, attachments and any 1099s(if you have them)? If you do not send the IRS transcript, then you need the complete copy of return. Also, what is the Total Income from line 22 of the 1040 for your 2015 return?

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

[avesta 0]

If self-employed, did you provide the complete return with all forms, schedules, attachments and any 1099s(if you have them)? If you do not send the IRS transcript, then you need the complete copy of return. Also, what is the Total Income from line 22 of the 1040 for your 2015 return?

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

Yes I sent the complete copy of the return including all schedules and everything that I filed with IRS including 1099s . The total income in line 22 is over 100K

[KayDeeCee 4,894]

Get the IRS transcript. For some reason, they seem to think they are missing the recent tax documentation. With the IRS transcript, you do not need to worry about whether or not you included everything. Point out that his Total Income more than meets the income requirement for his household size. Perhaps add in things such as job contract(s) and bank statements to show his income deposits each month.

[DrRob 9]

I agree with the others advice, but also know that we received a similar RFE recently that was clearly erroneous. Both my husband and I are employed, and make well over the 125% of the poverty guideline required. He is sponsoring my AOS from J1 visa. However, we received an RFE last month mentioning three issues:

(1) Although my husband made enough money to be above the poverty guidelines, we failed to include evidence for this in terms of tax documentation. Of course we had provided three years of tax returns, W-2's, pay stubs, and letters of employment, so this was nonsense.

(2) We hadn't included a tax return from last year. Again, we absolutely had submitted this.

(3) The amount my husband makes is not enough to be above 125% of the poverty guidelines. Suffice to say this directly contradicts what they said in their first point, and is also completely incorrect.

Since their RFE made no sense, especially their third point, my lawyers concluded the USCIS had failed to review our documents properly. My lawyer put together a package of all the documents they asked for (again), with a cover letter to explain very politely that we had already provided the information (but NOT pointing out they had messed up!), and as a courtesy we had included the documents again with updated (more recent) pay stubs. So it seems that even with solid documentation of employment and earnings, mistakes are made. I recommend sending as much evidence as you can, including things you've already submitted.

[avesta 0]

I agree with the others advice, but also know that we received a similar RFE recently that was clearly erroneous. Both my husband and I are employed, and make well over the 125% of the poverty guideline required. He is sponsoring my AOS from J1 visa. However, we received an RFE last month mentioning three issues:

(1) Although my husband made enough money to be above the poverty guidelines, we failed to include evidence for this in terms of tax documentation. Of course we had provided three years of tax returns, W-2's, pay stubs, and letters of employment, so this was nonsense.

(2) We hadn't included a tax return from last year. Again, we absolutely had submitted this.

(3) The amount my husband makes is not enough to be above 125% of the poverty guidelines. Suffice to say this directly contradicts what they said in their first point, and is also completely incorrect.

Since their RFE made no sense, especially their third point, my lawyers concluded the USCIS had failed to review our documents properly. My lawyer put together a package of all the documents they asked for (again), with a cover letter to explain very politely that we had already provided the information (but NOT pointing out they had messed up!), and as a courtesy we had included the documents again with updated (more recent) pay stubs. So it seems that even with solid documentation of employment and earnings, mistakes are made. I recommend sending as much evidence as you can, including things you've already submitted.

Thanks a lot for the suggestion. I explained everything in a cover letter and included all the previous documents as well as a letter from my bank showing the average account balance of last 12 months including recent paystubs and everything else that I had. Hopefully this will resolve the issue.

Thank you