Request for Initial Evidence I-485

[Ra&Re 21]

Good Morning,

Today I got a RFE letter from USCIS asking us to submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) for the most recent tax year.

It also indicated that my sponsor's (wife) income did not meet 125% poverty guidelines!

To make it clear, at the time we filed our AOS application we didn't have Tax returns for this year (2016), so we sent Tax returns from last year (2015) - those forms showed that she only made 12000$ a year because she worked 6 months by the time she had to file for taxes. The new taxes will show that she makes 26000$ a year ( we are waiting for IRS to mail them )

Since we  only have W-2s, I would like to know:

Do we have to file for 1099, Form 2555, and tax schedules? or they are included in the forms we get from the IRS?

and more importantly I would like to know if we should send Tax returns and wait for their answer about meeting 125% poverty guidelines? or should we start looking for a co-sponsor?

USCIS gave 87 days to submit the evidence requested.

 

[Suss&Camm 2,213]

Ok so I'll list some things I've seen that ppl with similar rfe's have missed. I also want to add that it is the current income they go by and the statement that 125% was not met is simply an automated statement cause of some other error resulting in insufficient evidence that it is met.

 

1. current income listed should be gross income and 19a-19c should be AGI (line 22) if the sponsor is not self-employed

2. People have received rfe's for not supplying the w2's, 1099, and schedules etc.  even though this is supposed to be a part of a IRS transcripts (go figure..)

3. The household size has been entered incorrectly, resulting in not meeting the income requirement. Sometimes this has been due to a bug in the form when filling it out in the browser and not Adobe reader, sometimes this has been due to a misunderstanding of how to answer the questions on household size in the form.

4. Not sending enough evidence of current income.

 

IS what you mentioned the only two statements on the rfe?

 

Edited February 25, 2017 by Suss&Camm

[Ra&Re 21]

Yes, That's What they asked for

[Suss&Camm 2,213]

have you double checked that 19a-19c exactly matches line 22 on the corresponding tax papers you've sent along? 

 

Household size is correctly entered?

[Ra&Re 21]

Household size in total : 2 (me and my wife)

19a-19c Which form? please

[Suss&Camm 2,213]

3 minutes ago, Ra&Re said:

Household size in total : 2 (me and my wife)

19a-19c Which form? please

ok so household size doesn't seem to be the problem

same form...the affidavit i-864.. needs to match the 1040 line 22 for each of the years. Specifically for the years you sent along that they can compare.

Edited February 25, 2017 by Suss&Camm

[Suss&Camm 2,213]

What evidence of income did you guys send?

[Ra&Re 21]

On 19.a we put most recent year 2016 income 26000$

19.b 2nd most recent year 2015 income 12000$

but we only sent tax returns for 2015 since we didn't have tax returns for 2016 yet, but we filed taxes few days ago, and we request tax returns to be sent by mail.

 

[Ra&Re 21]

We sent, Tax returns year 2015, pay stubs last 6 months, employment letter. and W-2s

Edited February 25, 2017 by Ra&Re

[Suss&Camm 2,213]

2 minutes ago, Ra&Re said:

On 19.a we put most recent year 2016 income 26000$

19.b 2nd most recent year 2015 income 12000$

but we only sent tax returns for 2015 since we didn't have tax returns for 2016 yet, but we filed taxes few days ago, and we request tax returns to be sent by mail.

 

That is not the correct way to fill it out.

 

19a should be the most recently filed taxes.. that is 2015... so it should have been 2015, 2014, 2013... 2016 income would be your current income that you put in other parts of the form.. There is your problem right there.

[Suss&Camm 2,213]

Now that you have filed already 2016... you may fill out a new i-864 where you do enter the number from 2016 1040 line 22 on 19a... however if you do this the current year income will be what you estimate will be the income for 2017 and you will have to provide instead evidence of this... new pay stubs, new letter etc... that shows evidence of this expected income for 2017.

[Ra&Re 21]

The reason we included 2016 because it has the income for whole year, but for 2015 it has only 6 months because she started working in mid 2015.

if we don't include 2016 they would reject us for not meeting 125% poverty guideline.

my question now is:

Would the form be correct if we send the 2016 tax returns?

 

[Suss&Camm 2,213]

4 minutes ago, Ra&Re said:

The reason we included 2016 because it has the income for whole year, but for 2015 it has only 6 months because she started working in mid 2015.

if we don't include 2016 they would reject us for not meeting 125% poverty guideline.

my question now is:

Would the form be correct if we send the 2016 tax returns?

 

this is wrong!

 

They don't go by that line to compare to the federal poverty guideline. 19a-19c are simply what taxes HAVE BEEN filed.

 

They go by your current income for your household size when they compare. This is why other things are needed to back.up the claim of the current income.

 

no it will not be correct, see my comment above.

Edited February 25, 2017 by Suss&Camm

[Ra&Re 21]

Ok, I will file new I-864 form put 2016, 1040 line 22 in 19a.

but I don't really see where they ask for your current income.

I will send them newer pay stubs + employment letter + W-2 ( which I sent before, just in case)

 

[Suss&Camm 2,213]

2 minutes ago, Ra&Re said:

Ok, I will file new I-864 form put 2016, 1040 line 22 in 19a.

but I don't really see where they ask for your current income.

I will send them newer pay stubs + employment letter + W-2 ( which I sent before, just in case)

 

Page 5, part 2.q2 (individual income) and part 2.q15 (household income)

 

Your other option is to not send along the 2016 and simply correct 19a-19c 

good luck to you.

 

P.S. If I were you I'd resend the other info asked for as well... (tax info)