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Filed: F-1 Visa Country: France
Timeline
Posted

Hello,

 

My husband, who is currently in the US on a student visa, and I, a US citizen, got married in May 2017 and applied for his adjustment of status on June 30, 2017. We sent all correct documents and had an immigration lawyer review these before sending. We paid a flat fee to the lawyer to review the forms and I would rather not continue to pay for additional questions so I am hoping to find answers here. My husband got his call to action for his bio appointment and went and all went well with this. We then received a request for initial evidence in July 2017. It asks to submit all supporting tax documentation submitted to IRS for the most recent tax year. With previously submitted forms I explained in a  letter, as per advice from the lawyer, that last year, 2016, I did not file taxes with the IRS as I was a student and did not earn any income. What else can I send besides another letter explaining this? I did send taxes from 2014 and 2015 with previously submitted forms, in these I was earning minimal wages, working a summer job as I was still a student, but did not file anything in 2016 as I had an unpaid internship and earned nothing. Please advise what I should send. The request also states my income does not meet 125% of poverty guideline. Since graduating in May 2017 I have gotten a job in which I am agreed by contract to make $37,500 per year. With original paperwork I submitted my first 2 pay stubs and a letter from HR stating my terms of employment. What else can I send to prove this is my agreed upon by contract wages? As of now I am planning on sending more pay stubs that I now have (I only had 2 when we filed but now have 6), all the previous documentation including the letter from HR, and the contract that I signed with my company signifying I will make $37,500 per year, which does meet the 125% guideline for a household size of 2 which is what I filled out on the original paperwork. What else can I send to prove this is my agreed upon income? Please advise so that I can send the correct documentation to their satisfaction and to avoid denial... Thank you!

Posted

Give them:

 

2014 and 2015 tax transcripts

 

a new letter stating that you didn't have to file taxes because you were in school, accompanied by school enrolment letter and/or fee payment receipt to prove your student status

 

a new letter from your HR saying that you're still employed by them, accompanied by all your paystubs if you have them

 

I mean, they want documentation so I personally would give them as many things as I can, which support my claims on not filing taxes in 2016 and that my current annual income does meet the 125%. Hopefully others can give you better suggestions if they've experienced it before. All the best :)

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

Filed: Timeline
Posted

Many people are not aware, but it's completely okay with the IRS to file a tax rerun with zero income. Yes, all the boxes have zeros. Another option. Some people do it to establish separateness from someone else claiming them on another tax return as a dependent  (which would be illegal).

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

Be careful though... in some circumstances you are required to prove to USCIS you are financially secure.

If it was me, I'd consult an attorney before filing anything you might regret...

You can get great feedback here, but not necessarily 100% correct

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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