I-485 RFE - lost evidence (?)

[dcp19 7]

So I got my first yellow letter with the dreaded request for further evidence.

 

My sponsor's current income is "considered sufficient" which is great but  "no evidence has been submitted as proof of current income"

It then goes to ask for "6 months of pay stubs and letter of employment" etc.

 

HOWEVER, I did send a very detailed list of my sponsor's tax transcripts, W2's and 3 months worth of pay stubs.

 

My question is this:

 

Are they in a habit of losing things at the USCIS or is this a generic letter because they want more evidence?

 

[Wuozopo 4,293]

I would say it is more often lack of sending enough that they can approve vs USCIS losing things.

His transcript from what year?

 

They are asking for current income. So an employer letter saying yes he works for us and the salary would do that. The I-864 form instructions say 6 months of pay stubs, and you only sent three. Send what they have asked for and you'll be good to go.

 

 

Edited February 22, 2018 by Wuozopo

[dcp19 7]

13 hours ago, Wuozopo said:

I would say it is more often lack of sending enough that they can approve vs USCIS losing things.

His transcript from what year?

 

They are asking for current income. So an employer letter saying yes he works for us and the salary would do that. The I-864 form instructions say 6 months of pay stubs, and you only sent three. Send what they have asked for and you'll be good to go.

 

 

Actually  - the letter is headed Request for Initial Evidence...RIE....

 

So does that mean they did actually lose it??

[Wuozopo 4,293]

1 hour ago, dcp19 said:

Actually  - the letter is headed Request for Initial Evidence...RIE....

 

So does that mean they did actually lose it??

I don't know. And I don't know if what you sent was sufficient. Was it a 2017 tax return or did you use an old one (2016) at the time of applying. Did your "my current income" match what the tax return says on Line 22 of the transcript?  If it says more than the tax return, then you need additional proof of the number written there. See pink circle below. 

 

[dcp19 7]

2 hours ago, Wuozopo said:

I don't know. And I don't know if what you sent was sufficient. Was it a 2017 tax return or did you use an old one (2016) at the time of applying. Did your "my current income" match what the tax return says on Line 22 of the transcript?  If it says more than the tax return, then you need additional proof of the number written there. See pink circle below. 

 

Ok - to clear this up. I have two joint sponsors. First is my US wife (who comes under earnings threshold) and the Second is a close personal friend who is a Bank Manager. (he comes well above threshold).

 

With both I originally sent: 3 years of tax returns that matched the income written on the forms, Tax transcripts, W2's and the last 3 months of pay stubs. From what I gathered that was enough, but clearly I was wrong.

 

This is a copy of a portion of the letter below. As you can see, it makes me concerned that they lost the original evidence. Unless of course it's a generic letter, because it doesn't state which sponsor only THE sponsor.  I am now sending 6 months of pay stubs and a letter from both sponsors confirming their employment and hopefully covering their requests.

 

 

 

Quote

 

The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income. 

Submit evidence of the sponsors current income. Such evidence should include:

 

• Pay stubs or other documentation of pay for the previous 6 months 
• Evidence of other income, such as Tax Exempt Interest, Qualified Dividends, IRA distribtuions, Pension, Annuities and Social Security Benefits (only SSA 1099 and or SSDI-1099)

Letter of employment containing the following

 

• Dates of employment 
• Nature of Job
• Yearly Salary earned 
• Numbers of Hours per week worked 
• Prospects for future employment and advancement

 

•  

Edited February 22, 2018 by dcp19

[Wuozopo 4,293]

11 minutes ago, dcp19 said:

The petitioner/sponsor lists their current income 

That's your wife they seem to be asking about ...the petitioner/sponsor.  But if it was your wife who falls short, then why would they say it is sufficient? And you are positive she falls short for two people? And has no assets to offset the shortfall? So one would have to assume it's the bank manager they want more from. These generic RFEs are pretty cryptic. 

 

1 hour ago, dcp19 said:

and a letter from both sponsors confirming their employment

The letter is not from the sponsors. It would come from their employer.

 

I don't understand this either. Maybe the contractor reviewing the packet just failed to find all of it or wasn't being diligent.  I would start over and resend the full I-864 packet for both rather than guessing at what bits and pieces for which sponsor they want. 

 

Is your joint sponsor married with a joint tax return?  That would require additional proof like the employer letter to establish his income alone is sufficient to sponsor. A joint return does not separate it out of who makes how much. Don't forget his proof of US citizenship. 

[dcp19 7]

1 minute ago, Wuozopo said:

That's your wife they seem to be asking about ...the petitioner/sponsor.  But if it was your wife who falls short, then why would they say it is sufficient? And you are positive she falls short for two people? And has no assets to offset the shortfall? So one would have to assume it's the bank manager they want more from. These generic RFEs are pretty cryptic. 

 

The letter is not from the sponsors. It would come from their employer.

 

I don't understand this either. Maybe the contractor reviewing the packet just failed to find all of it or wasn't being diligent.  I would start over and resend the full I-864 packet for both rather than guessing at what bits and pieces for which sponsor they want. 

 

Is your joint sponsor married with a joint tax return?  That would require additional proof like the employer letter to establish his income alone is sufficient to sponsor. A joint return does not separate it out of who makes how much. Don't forget his proof of US citizenship. 

Yes very cryptic. I think you're right I will send the whole package again PLUS further evidence.

 

And yes, I understand the letter is from employers...just a typo there.

 

My joint sponsor is married with a joint tax rtn, but is the only person earning as his wife doesn't work. But he does earn upwards of $70K. Yes, they've got his citizenship stuff too.

 

Full package resend, here we go!

THANKS!

[Wuozopo 4,293]

37 minutes ago, dcp19 said:

My joint sponsor is married with a joint tax rtn, but is the only person earning as his wife doesn't work. But he does earn upwards of $70K. Yes, they've got his citizenship stuff too.

 

Lots of RFEs for this because they don't really know half that money on the tax return isn't the wife's. The employer letter from him should clear that up. Don't clutter up your submission with tax returns and transcripts. Just use transcripts, his employer letter, and 6 months pay stubs. Your wife shouldn't need an employer letter because she falls short anyway. Her transcript will be enough.