Request for Initial Evidence I-485

[ibraswaydan 1]

Hello everyone,

I got a letter from USCIS titled "Request for Initial Evidence I-485"

They said I needed to fill out a form I-864 for my petitioner ( my wife) even if she's not the main sponsor, because I initially only sent 1 I-864 for my joint sponsor,  My wife doesn't work though, she is still in college and hasn't filed any tax returns before

Question 1: Should she just fill an I-864 form and write a letter saying she never worked before and she has not filed any tax returns before?

 

In the same letter they said : Based on the documents you submitted with from I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guideline.

Question 2: here where it gets confusing my joint sponsor is a family friend who has a wife and a child but makes over 100k a year in his latest filing for taxes. Why did they say it didn't meet 125% of the poverty guideline which should be around 35k for him?

 

Thank you!

[Suss&Camm 2,213]

14 minutes ago, ibraswaydan said:

Hello everyone,

I got a letter from USCIS titled "Request for Initial Evidence I-485"

They said I needed to fill out a form I-864 for my petitioner ( my wife) even if she's not the main sponsor, because I initially only sent 1 I-864 for my joint sponsor,  My wife doesn't work though, she is still in college and hasn't filed any tax returns before

Question 1: Should she just fill an I-864 form and write a letter saying she never worked before and she has not filed any tax returns before?

The petitioner is always the main sponsor and always fills out an i864, even if there is a joint sponsor to fulfill the official requirements. That's why you were asked for this. Yes she can write and sign a letter explaining why/that she's never needed to file taxes. She can also get a letter of non-filing from the IRS.

14 minutes ago, ibraswaydan said:

In the same letter they said : Based on the documents you submitted with from I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guideline.

Question 2: here where it gets confusing my joint sponsor is a family friend who has a wife and a child but makes over 100k a year in his latest filing for taxes. Why did they say it didn't meet 125% of the poverty guideline which should be around 35k for him?

 

Thank you!

This response is usually the case when you haven't provided enough evidence of the claimed income. it doesn't mean he doesn't meet the requirement just that it wasn't proved. What did you send for evidence?

[ibraswaydan 1]

4 minutes ago, Suss&Camm said:

The petitioner is always the main sponsor and always fills out an i864, even if there is a joint sponsor to fulfill the official requirements. That's why you were asked for this. Yes she can write and sign a letter explaining why/that she's never needed to file taxes. She can also get a letter of non-filing from the IRS.

This response is usually the case when you haven't provided enough evidence of the claimed income. it doesn't mean he doesn't meet the requirement just that it wasn't proved. What did you send for evidence?

I have provided the 3 previous tax returns along with other tax schedules that he provided me, Forms 1040 for the previous 3 years. Is there a phone number I can contact them directly for a response or clarification on the letter?

[Suss&Camm 2,213]

3 minutes ago, ibraswaydan said:

I have provided the 3 previous tax returns along with other tax schedules that he provided me, Forms 1040 for the previous 3 years. Is there a phone number I can contact them directly for a response or clarification on the letter?

The only phone number to call is the helpline but they will not tell you how to fill out the form or help you interpret the RFE. Did you send w2's? 

[ibraswaydan 1]

1 minute ago, Suss&Camm said:

The only phone number to call is the helpline but they will not tell you how to fill out the form or help you interpret the RFE. Did you send w2's? 

I did not, only 3 previous tax returns, now he is self-employed and works with real-state, I’m not sure if he gets a W-2. Should I ask him? 

[Suss&Camm 2,213]

2 minutes ago, ibraswaydan said:

I did not, only 3 previous tax returns, now he is self-employed and works with real-state, I’m not sure if he gets a W-2. Should I ask him? 

If he is self-employed he doesn't get w2's, but the reason for the point 2 in the rfe is the same - He needs to send you documents pertaining to his income from his company, such as bank-statements showing salary from the company registered to him.

[ibraswaydan 1]

12 minutes ago, Suss&Camm said:

If he is self-employed he doesn't get w2's, but the reason for the point 2 in the rfe is the same - He needs to send you documents pertaining to his income from his company, such as bank-statements showing salary from the company registered to him.

So should I ask him for his own personal bank statements showing deposits over 12 months?

[Suss&Camm 2,213]

Have a look at this answer from @Damara to another OP.

 

 

 

[Suss&Camm 2,213]

From their timeline, that OP was approved.

[ibraswaydan 1]

21 minutes ago, Suss&Camm said:

From their timeline, that OP was approved.

So from what I understand, I must resubmit the I-864 along with the tax returns and Transcripts that prove 1040 was submitted. The thing is my sponsor gave me all schedules in his tax returns and the 1040 for his tax return filing. 

[N-o-l-a 7,167]

27 minutes ago, ibraswaydan said:

So from what I understand, I must resubmit the I-864 along with the tax returns and Transcripts that prove 1040 was submitted. The thing is my sponsor gave me all schedules in his tax returns and the 1040 for his tax return filing. 

 

I suspect this might have something to do with his separate income.  Does the joint sponsor file taxes jointly with his wife?  Did you submit the schedule C?  What was the net income on that?  Sometimes with self-employed people their net income can be too low for the 125%.

 

I would honestly just submit both again for 3 years worth and attach a second copy of the schedule C to the tax transcript.  That thread had some good information in it.  

[ibraswaydan 1]

1 hour ago, N-o-l-a said:

 

I suspect this might have something to do with his separate income.  Does the joint sponsor file taxes jointly with his wife?  Did you submit the schedule C?  What was the net income on that?  Sometimes with self-employed people their net income can be too low for the 125%.

 

I would honestly just submit both again for 3 years worth and attach a second copy of the schedule C to the tax transcript.  That thread had some good information in it.  

He does file taxes jointly with his wife, I did submit schedule C, the net income line 31 is 118k. His house hold size is 4, him his wife and 2 children. The net income is 118k. 

Just now, ibraswaydan said:

He does file taxes jointly with his wife, I did submit schedule C, the net income line 31 is 118k. His house hold size is 4, him his wife and 2 children. The net income is 118k. 

 

1 hour ago, N-o-l-a said:

 

I suspect this might have something to do with his separate income.  Does the joint sponsor file taxes jointly with his wife?  Did you submit the schedule C?  What was the net income on that?  Sometimes with self-employed people their net income can be too low for the 125%.

 

I would honestly just submit both again for 3 years worth and attach a second copy of the schedule C to the tax transcript.  That thread had some good information in it.  

So no Bank statements needed I guess. I will check a lawyer for this part before sending it. Hopefully they’ll be much help. But this thread helped me a lot too.

[DSM 10]

This might have already been answered, but just to clarify, IRS tax transcripts are the best way to go for proof of income. I think you can request at least three years worth. It's free and they can either mail them to your joint sponsor in a couple weeks time or is instantaneous if printed online. They come directly from the IRS so USCIS does not need to take your word for it. They are much better proof than a tax return. Here is the website. Good luck! https://www.irs.gov/individuals/get-transcript

[Ryan H 3,812]

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