aos Request for Initial Evidence Help

[Harry M 12]

My wife and I filed for AOS, along with EAD, back in November. We got a letter from USCIS, just before the holidays saying we didn't give them enough information, I'm guessing proof of her income, to provide a new affidavit along with additional information. We put it off for just after the holidays as that was stressful enough, then the shutdown happened which meant we couldn't access the IRS resources for a time, luckily we were able in the end.

 

I'm going to list everything we now have and we just want to be sure if this should be enough now:

- Photocopy of the letter that was sent, this was requested by them so no doubts there

 

- New affidavit of support, this time we listed my

assets as I have over $50,000 in checking and savings which we didn't disclose before. When we got that letter there was conflicting information, one saying we didn't give evidence of proof of income (despite including a letter from her employer). And the other saying we didn't meet the minimum requirement for the feudal poverty guidelines, which according to my maths should be about $20,575, and then saying we would need a joint sponser. My wife currently makes $35,000 a year, although she started this job in April, would this given them some issue?

 

- We have included her W-2 for 2018, which we weren't able to before but we have it now. It doesn't say on the W-2 when she would have started, the overall income is lower as she only started in April, but she still made $25,000 in that time so that should still be enough? With the letter from her work backing this up allow them to work out how much she would have made over a full year, then take it all into account.

 

- We've printed off bank statements from the last 12 month for my wife's checking account. I don't have an American bank account that goes back 12 months. We have a joint checking and savings but both have only existed for around 6 months, and were in her name initially and now have both of ours. Would they be able to tell it's the same account just by looking at the A/C, plus would they mind that they don't go back 12 months since they haven't existed that long? Likewise I do have my own checking account but that's only 3 months old as we only opened that after we got married.

 

- We were able to get her tax returns again. Last time we included the last 3 years, even though 15 & 16 were optional. We have decided not to include them this time. I can't imagine we'd be able to do 2018 just yet, or anyone for that matter. But we have her W-2 as mentioned and her pay stubs and letter from employer again.

 

- Six months of pay stubs as said above, didn't include these last time, mistake on our part we admit.

 

That's everything we have and everything that the letter listed that we needed to include, to the best of our understanding. A whole section of what they needed was dedicated to getting a joint sponsor, would they still expect us to get one, even though we've proved as much as we can that we don't need one according to the guidelines. I'm thinking this was maybe added automatically as before there wasn't enough proof before? Should be still get one of her parents to joint sponsor just to be sure? Or would me just including everything about my savings be enough, along with the additional evidence were supplying proving with little doubt what my wife makes?

 

Thank you for anyone taking the time to read this. It's been stressful for us since filing it, only to get this back at us. We just want to get it right once and for all. Then relax for a few months before preparing for the interview 😁.

Edited January 24, 2019 by Harry M

[Wuozopo 4,291]

I have noticed before that when you include a W2(her 2018) without a corresponding tax return, they think you are incomplete, so maybe skip that W2. 2017 tax return with 2017 W2 or 2017 tax return transcript will meet the required tax documentation if submitted before tax day in April. Did you use a transcript before?

 

The part about not qualifying  or needing a joint sponsor is something they always say if your documentation isn't adequate. They don't even consider anything if something is missing. Usually it has to do with getting that tax return requirement properly submitted. It has to be all IRS forms and schedules plus the W2. Or a tax return transcript from the IRS all by itself with no W2. (It is not the tax "account" transcript, which is also available from the IRS.) Employer letter and 6 months pay slips is good, as well as immigrant's assets, but getting the tax return documented precisely right is critical or they ignore the rest.

Edited January 24, 2019 by Wuozopo

[Harry M 12]

I believe we did use a transcript before.

 

If we did send off the 2017 transcript with the appropriate W-2, would they still use her pay slips, our accounts and employer letter to judge her income? Rather than the previous tax year before she started this job?

 

I was thinking calling them up and telling that what we have and if that's good enough. We're worried about messing this up.

[Wuozopo 4,291]

29 minutes ago, Harry M said:

I believe we did use a transcript before.

 

If we did send off the 2017 transcript with the appropriate W-2, would they still use her pay slips, our accounts and employer letter to judge her income? Rather than the previous tax year before she started this job?

 

I was thinking calling them up and telling that what we have and if that's good enough. We're worried about messing this up.

 

If 2017 did not reflect her current income, then you need proof on paper of that income. So if you said on the original form-- I am employed as a __________ and my current income is $35,000, you need written proof of $35k. If the 2017 tax return doesn't show it, then that's where the Optional employer letter or 6months pay stubs need to show it. Without seeing what you sent before, this is a guessing game of sorts. Do make an exact  copy of every application packet  you send off in the future for times like this so you know for sure what was sent. 

 

The most recent tax return does not have to show enough income if you have had a pay increase, but you have to prove that increase with one of the optional items. If your employer letter says current income is $34,567 then don't say $35,000 on the form. 

[Harry M 12]

On the form we have been putting precise figures down. Only been estimating just for the example above.

 

I did check what 2017 tax form we have and it's a 1040EZ form. Not 100% sure that was what we sent in before. But would that on its own be okay, or would we still need the W-2 for that year?

[Wuozopo 4,291]

3 hours ago, Harry M said:

On the form we have been putting precise figures down. Only been estimating just for the example above.

 

I did check what 2017 tax form we have and it's a 1040EZ form. Not 100% sure that was what we sent in before. But would that on its own be okay, or would we still need the W-2 for that year?

A form 1040EZ needs a W2 with it to be legit.  Otherwise you could print one off the IRS website and say you made $100,000. The wage statement from the employer (W2) verifies the income written on your 1040EZ. 

If you use a tax return transcript from the IRS, then they know it isn't some bogus figure you put on a fake return. Thus no W2 needed because it came from IRS records and they got a copy of your W2 from the employer as well to make sure you put the correct earnings.

 

if you didn't send a W2 with your 1040EZ, then that is the answer to the whole RFE. I think you are on the right track now.  I would skip the dozen bank statements.

Edited January 24, 2019 by Wuozopo

[Harry M 12]

Thanks. I think that's cleared it up.