Request For Initial Evidence issued

[Peterpaul216 0]

Hi Forum,

I actually filed for Adjustment of Status on January 25, 2017 but was received by USCIS on January 27, 2017. My priority date is June 27, 2016. This is because I have an already approved I-130 that has a priority date of June 27, 2016. I have received NOA's from USCIS in February 9, 2017 and have also gone for biometric on March 6, 2017. Then on March 16, 2017 I received a Pink-Coloured letter from USCIS that is asking for 2015 Tax Transcript from my wife, who is my sponsor. My wife 2015 Tax Transcript has 2 dependents on it (Her parents). Now the problem is this, I am thinking if we submit it. USCIS will say that my wife income will not be able to sponsor me and will end up issuing another RFE. This is because her income in the 2015 Tax income Transcript can only take care of one dependent (That is I and my wife). I am in a very difficult situation and do not know what to do over this. Getting a joint sponsor has been a very difficult issue for me. Though my wife's parents are in her 2015 Tax Return but currently she no longer take care of them. They no longer live with her. They are now living with her elder sister. 

Your advise is highly needed and will be appreciated.

Regards all

[afrocraft 313]

26 minutes ago, Dee elle said:

As the RFE requests the 2015 tax transcripts, you wont be able to proceed further until you provide that to them.. I  am assuming on the I864 that her parents are not listed as current dependents. The issue for capacity to sponsor is CURRENT and proven ongoing income,  not previous income.

 

You will need to submit the requested returns.. perhaps add a cover letter explaining that she cared for her parents previously, hence they are listed as dependents on 201x returns,  but that they are now living with another relative and no longer her dependents,, Hence the household size for your wife is 1 (her) plus the beneficiary (you) for the purpose or the AOS. 

But wouldn't OP still have to show sufficient current income, if historical income proves insufficient? Perhaps it would make sense to send 2016 transcript or evidence of income as well?

[Penguin_ie 5,993]

I agree with afrocraft- if she hasn't filed yet, file 2016 taxes now, without dependents and that should hopefully show she makes enough,  She will still need to provide the 2015 taxes, because she was asked for them, but she can send both years and add a cover letter explaining why she has less dependents now.

[Peterpaul216 0]

I have heard what is being suggested. Why I am thinking submitting the requested 2015 Tax return with a form I-864 is to avoid a 2nd RFE. This is because a 2nd RFE will add to more delay of processing time of my application. As my wife, who is the sponsor is pregnant and her due date is getting close. Therefore, I really need to get my EAD and start work to enable me pay our bills when she put to bed.

[Unshakable Faith 493]

Submit 2015 (and 2016) transcripts. If she was the sole financial provider for her parents more than half of the year last year, she can claim them on her 2016 returns as well.   You can write a letter stating that they now reside with another family member.  Have that family member and her parents (if able) to sign the letter as well. 

Hopefully that would suffice for correcting the household number.  Did you put the household number on the form correctly or did you add her parents? 

[Peterpaul216 0]

3 hours ago, FN&KO said:

Submit 2015 (and 2016) transcripts. If she was the sole financial provider for her parents more than half of the year last year, she can claim them on her 2016 returns as well.   You can write a letter stating that they now reside with another family member.  Have that family member and her parents (if able) to sign the letter as well. 

Hopefully that would suffice for correcting the household number.  Did you put the household number on the form correctly or did you add her parents? 

My wife just stated the processing ans filing of the 2016 Tax and the parents are not listed there. I do not know how long it will to take for the 2016 Tax Transcript to come out. Then for answer to your question, in the affidavit of support, it is only I and my wife that is listed there (2 dependents). We cannot wait for the 2016 Tax Transcript to come out before we respond to the RFE. I have agreed to write a Cover letter and add it to the 2015 Tax Transcript but still worried if USCIS will honor it ?

Also, from the analysis of my wife 2016 Tax return that is still in process, the income there can only take care of two dependents  (I and my wife).

Edited March 22, 2017 by Peterpaul216

[Peterpaul216 0]

My wife 2016 Tax return if after processing can only take care of two dependents(I and my wife only)

[afrocraft 313]

13 hours ago, Peterpaul216 said:

My wife just stated the processing ans filing of the 2016 Tax and the parents are not listed there. I do not know how long it will to take for the 2016 Tax Transcript to come out. Then for answer to your question, in the affidavit of support, it is only I and my wife that is listed there (2 dependents). We cannot wait for the 2016 Tax Transcript to come out before we respond to the RFE. I have agreed to write a Cover letter and add it to the 2015 Tax Transcript but still worried if USCIS will honor it ?

Also, from the analysis of my wife 2016 Tax return that is still in process, the income there can only take care of two dependents  (I and my wife).

If you file your taxes electronically, it takes 2-4 weeks for the transcript to be available. Longer if your turn in a paper return.

 

https://www.irs.gov/individuals/transcript-availability

Edited March 23, 2017 by afrocraft