Request for initial evidence i-485

[J3yaaaf 2]

Hello. I just got a mail fron the USCIS requesting for initial evidence for my i-485. Btw, ny biometrics appointment is on March 15. 

 

They are saying that for the petitioning sponsor, the income did not meet 125% of the federal poverty guideline for the petitioning sponsor’s household size. 

 

Should we hire an immigration lawyer for this? What can we do? 

 

[geowrian 22,337]

What is his income? What evidence was provided to show that income? Were tax returns provided (and what documents - W-2 + 1040 OR a tax transcript from the IRS)?

[britishandusa 446]

Hi. I had the same RFIE although my joint sponsor did meet the requirement and more. It turns out, it was a USCIS mistake. 

 

I did not hire a lawyer. I replied to the RFIE that my joint sponsor did make enough and re-sent everything (after speaking with a Tier 2 officer) adding more proof. Today we just had our Green Card interview with no issues.

 

What did you include as your evidence for your joint sponsor and what is their income?

[J3yaaaf 2]

When you say joint sponsor, is that ankther person besides my husband? Also, should I enclose a letter together with the requirements when in submit the evidence? 

[Lil bear 4,217]

It would be helpful if you could answer the questions Geowtian asked... the letter you received is a general letter that gets sent for many reasons associated with the I 864 form

what is the income level that is needed 

what is your husbands current income

did you send tax transcripts or tax return

 

that will help us answer you better. 

 

[J3yaaaf 2]

My husband’s income is around $46k per year. And we submitted his W2 together with the i864. Should we call USCIS? 

[geowrian 22,337]

7 minutes ago, J3yaaaf said:

My husband’s income is around $46k per year. And we submitted his W2 together with the i864. Should we call USCIS? 

For the I-864, you must show 2 things:

 

1) At least the most recent year's tax return transcript or copy. The transcript can be obtained form the IRS (even online), or you can send the 1040 + all W-2s/1099s/etc.

It sounds like you did not send this, and only sent the W-2.

 

2) Evidence of current income.

Is he self-employed or does he get a W-2? If W-2, then current income is evidenced via pay stubs and employment letter. Tax returns would only show past income.

[J3yaaaf 2]

We just submitted W2. Not the 1040 and 1099s.(what are those?) 

he is currently employed. So we also need to submit his pay stubs and employment letter? 

[geowrian 22,337]

9 minutes ago, J3yaaaf said:

We just submitted W2. Not the 1040 and 1099s.(what are those?) 

A 1040 is the actual tax return (https://www.irs.gov/pub/irs-pdf/f1040.pdf). There's also 1040A, 1040EZ, etc., which are also acceptable.

A 1099 is a set of forms for income (i.e. 1099-INT is for interest, 1099-DIV for dividends, 1099-MISC for miscellaneous income, etc.). https://www.efile.com/what-is-form-1099-misc-income-tax-return-requirements/

A W-2 is just a statement showing earnings from an employer, not the tax return itself.

 

9 minutes ago, J3yaaaf said:

he is currently employed. So we also need to submit his pay stubs and employment letter? 

Yes.

[elmers 293]

15 hours ago, J3yaaaf said:

Hello. I just got a mail fron the USCIS requesting for initial evidence for my i-485. Btw, ny biometrics appointment is on March 15. 

 

They are saying that for the petitioning sponsor, the income did not meet 125% of the federal poverty guideline for the petitioning sponsor’s household size. 

 

Should we hire an immigration lawyer for this? What can we do? 

 

Based on your multiple posts on this forum, I think it is best if you hire a lawyer since it does not seem that you are spending enough time to do your research on what documents need to accompany your forms. A competent lawyer will cost you $$ but at least they will help you file things properly. Having a peace of mind is wonderful and a necessity during this stressful process. 😊

[J3yaaaf 2]

Should i include a cover letter in submitting the rfie?

[geowrian 22,337]

Not required, but I would.

[J3yaaaf 2]

Another question: my husband is trying to file taxes as married. But they are asking for my ITIN and SSN which i dont have at the moment. What could be do about this? Would this affect our RFE? 

[geowrian 22,337]

You can get an ITIN, or get an SSN once you get an EAD.

For now, he may be better off filing Married Filing Separately - entering "NRA" for your SSN/ITIN - and mailing it. Then he can amend to Married Filing Jointly once you have an SSN.

[J3yaaaf 2]

I already filed EAD together with the AOS. Im scheduled for biometrics on Friday. But  i just received the RFE couple days ago. Would it delay my EAD?