RFE

[Jenn! 918]

We got an RFE for the I-485 and I need some advice about what to send to them.

The RFE states that they are unable to determine if my household income meets or exceeds 125% of the poverty line. They say to submit evidence: tax returns and W2s, and evidence of current employment. I sent all of this with the affidavit originally, so I don't know what they want. The only thing I could find is that in the description of the employment letter, the letter should state the number of hours worked per week. Could it be such a minor thing? I guess I'll get a new letter, saying I work 40 hours a week.

Any ideas what else they could want? Do you think they want 2005 tax year information, because I sent 2004 as the most recent year.

What panicked me the most about the RFE is that it states:

"You are ineligible for interim employment authorization until 90 days after the initial missing evidence is submitted."

My husband already did biometrics. Does this mean his EAD won't come through for at least an additional 90 days??????

Help!

[gimygirl 0]

i would submit your 2005 tax return ... or at the very least your 2005 W2's as everyone has received those.

as for holding up his EAD ... it is 'paused' until you supply them the information asked for in the RFE.

best of luck jenn!

[Jenn! 918]

Thanks, gimygirl.

So, being paused, it is not true as stated that he is ineligible for EAD for 90 days after receipt of the missing evidence?

Also, if I submit my 2005 information, will I have to redo the affidavit as the information currently on it reflects 2004?

Edited March 27, 2006 by jenn3539

[Jenn! 918]

Sorry for the impatience.....

Does anybody know about this 90 day thing?

I'm a bit distraught because going another 90 days is really going to put a financial strain on us. It would mean he can't get his EAD until July....

Edited March 27, 2006 by jenn3539

[Jenn! 918]

OK, I've been doing some more research and I think I know what the problem might be with what I submitted.

I read that they use line 22 of the 1040 tax transcript to determine your income. Looking at my transcripts, my line 22 shows 0 because all of my income was foreign earned. My actual wages appear on line 7.

Any ideas as to whether this is why they issued the RFE? If so...what should I do?

Oh please, someone help.

[Autumnal 25]

Warmest hugs to you. I know it's difficult, but take a deep breath. The affidavit of support RFE is definitely not the worst you can get. They didn't send back the entire package, so it's likely they're still processing it. At least I hope so!

The RFE states that they are unable to determine if my household income meets or exceeds 125% of the poverty line. They say to submit evidence: tax returns and W2s, and evidence of current employment. I sent all of this with the affidavit originally, so I don't know what they want. The only thing I could find is that in the description of the employment letter, the letter should state the number of hours worked per week. Could it be such a minor thing? I guess I'll get a new letter, saying I work 40 hours a week.

Essentially, I would re-create the affidavit of support if that isn't too difficult. Write down the information for your job as of today/this week (such as hours worked, etc.) and ask your supervisor or HR where you work for a new letter on company letterhead. Additionally you might make a photocopy of your letter of offer if you want to demonstrate your benefits package and all that. At this point, maybe adding a little more might not hurt.

The other thing(s) to include in this package:

~ at least two (2) pay stubs from your job, preferably spaced out a bit in time. So, if you worked there from September to present, maybe one from November and one from March. See what I mean? If you worked another job in the past year or two, if you can include a paystub from them as well to show you've got income earning potential that's pretty stable, that would benefit?

~ 2005 tax return. This is the legal 'proof' you've made that money. And they like tax returns.

~ 2005 W2. Especially if you can't produce a tax transcript, a copy of your W2 is definitely worth throwing in.

~ Previous tax transcripts/returns, if you have them, for 2004 (and maybe 2003). You should be able to order them from the IRS if you don't already have them, but if you have a photocopy from your package, just copy it again and send it along.

Any ideas what else they could want? Do you think they want 2005 tax year information, because I sent 2004 as the most recent year.

Honestly? Not sure, without seeing your I-864.

2005 returns are probably good, especially with updated pay stubs and your most recent W2. A new letter will also go a long way to help. Make sure they mention when you began working there.

Here's a sample letter:

(On official company letter head)

Date

To whom it may concern,

This letter is to certify that Company Name, short description of company, employed Nathan Bissel, from start date through end date. Nathan Bissel was employed as a position and was compensated in the amount of $wages hourly or annually.

If you have any questions, please do not hesitate to contact the undersigned.

Sincerely,

Business name

(Signature)

Name of signatory, title

Hope it helps!

[Jenn! 918]

Thanks for your suggestions, Autumnal.

My package was very complete the first time around, including pay stubs and my original offer letter, in addition to all of the other requested evidence.

I can't accept that they sent me an RFE because they want 2005 information, that seems absurd to me.

I must conclude that the problem lies in my foreign earned income as reported on my 2004 tax transcripts. To remedy this, I am at a loss.

[motu 5]

If you feel that your situation is the same and sending back the same evidence will not change a thing - look for a co-sponsor - that may be easier than trying to use the 'same' info to meet 'their' requiremnts.

I don't understand why you have foreign income - were you living abroad in 2004? Most of us (USC) don't have that problem because the income is US income. Good Luck

[Jenn! 918]

If you feel that your situation is the same and sending back the same evidence will not change a thing - look for a co-sponsor - that may be easier than trying to use the 'same' info to meet 'their' requiremnts.

I don't understand why you have foreign income - were you living abroad in 2004? Most of us (USC) don't have that problem because the income is US income. Good Luck

Thanks.

Yes, I was abroad in 2004. But my W2 clearly shows that I exceed the poverty line.

I don't think a co-sponsor is a viable option for us. And I really don't see why I should need one - my income was well above the requirement.

Sigh

[Autumnal 25]

Foreign income shouldn't necessarily be an issue if you are working in the States now and earning your income here. My husband was working abroad for five years prior to when we filed the AOS -- therefore, all his tax transcripts were essentially putting his foreign income down and then having row after row of zeroes because he was tax exempt from paying US taxes because he paid them in the other country.

At the time of AOS filing he'd been working for five or six months in the US. We included pay stubs from his previous job abroad (to show he was capable of making an income above poverty line), pay stubs from his current job, letter of offer from current employer, letter of employment, and tax returns for 2004, 2003 and 2002. We didn't have any W2s (because he was outside the US) but will bring along 2005's W2 and tax return to the AOS interview.

I include this just in case anyone references this. But if you've been working abroad and making sure taxes were paid properly you should be fine.

[james_lizzie 0]

I'm not sure when the OP sent off the affadavit of support. Assuming you sent it off in 2006, you definitely needed to include your 2005 tax return, or 2005 W-2s at the very least. If your employer didn't send you W-2s yet (they should have, but most employers slack at this), I believe you can call up your employer and get some sort of IRS number which can prove your earnings for 2005. If you can't get anything from your employer, you need to have included an explanation as to why you didn't have your 2005 tax returns.

The I-864 states clearly to submit "Your individual Federal income tax returns for the most recent 3 tax years, or an explanation if fewer are submitted."

If you submitted your I-864 in 2006, the most recent 3 tax years are 2003-2005.

It's very reasonable for them to send an RFE if you didn't include your 2005 tax return, as you have no federal proof of your earnings for the entire past year.

Edited March 27, 2006 by james_lizzie

[ktun 0]

We got an RFE about the I-864 too. Regarding the 90 day 'penalty' for the RFE, as far as I've discovered through talking to my lawyer and local office this seems to be true in most cases. Not all, but most.

As other posters have said, if you filed in 2006, you do really need the 2005 tax returns. As for 2004 while you were working abroad, you probably need to write a very clear cover letter and staple it to the RFE perhaps with an updated Affidavit. I dont know in which country you were working, but also provide monthly payslips with a local currency to $ conversion of what you were earning. We sent in tax forms for my income from the UK for April 2004-April 2005 showing the amount in GBP and then the conversion of what that would have been in $. Whilst there is not a problem with using foreign earned income the 1040 is not really helpful with this and USCIS rather needs it spelling out to them exactly what is what.

Good Luck

[sjoefl01 1]

Send everything you have in the way of paperwork and attach a crisp $100 bill. HA! HA! Sorry I couldn't resist!