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RFE i485. I cannot provide requested evidence.

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Dear all, thank you for your work here.

I submitted AoS for k1 visa with two i864, one for me and one for joint sponsor. On mine I indicated that I make $2000 per month with Uber/Lyft. I also attached a letter stating that I have no way of proving my income therefore I have a co-sponsor. These guys ignored my letter and sent me RFE that I have to get a letter from employer and paycheck stubs for 6 months. I have no way of providing that.

Can you plsease suggest what should I do next? Can I sent them a new i864, indicating that I have no icome instead?


07/07/2015 - Sent AOS for K1 visa (I-485, I-131, I-764)
07/16/2015 - Received confirmation (I-485 receipt was not sent to the MAILING ADDRESS!)
08/05/2015 - Biometrics appointment
08/06/2015 - Received RFE for Initial Evidence for I-485 (need for pay stubs + tax return + letter of employment)
08/18/2015 - National Benefit Center received Response to RFE (Status updated to RFE received)
08/23/2015 - Address change
09/08/2015 - Received letters confirming address change for I-485 and I-131

09/25/2015 - Online status of I-131 and I-765 changed to "Case Approved." Received combo card.

11/14/2015 - I-485: Card in Production!!! Case Approved!

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not sure why you can not prove your income

Even working for yourself, you are required to do income tax returns

and they don't seem to read letters

real Evidence is required

just follow the RFE

and no, a different I 864 stating no income would not be the way to go

provide your tax statements and please don't say you don't do returns

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not sure why you can not prove your income

Even working for yourself, you are required to do income tax returns

and they don't seem to read letters

real Evidence is required

just follow the RFE

and no, a different I 864 stating no income would not be the way to go

provide your tax statements and please don't say you don't do returns

Thank you for your reply. I started to work for Uber in March, so I dont have a tax return for that yet. And Ubee doesnt do Letters from Employer and pay check stubs


07/07/2015 - Sent AOS for K1 visa (I-485, I-131, I-764)
07/16/2015 - Received confirmation (I-485 receipt was not sent to the MAILING ADDRESS!)
08/05/2015 - Biometrics appointment
08/06/2015 - Received RFE for Initial Evidence for I-485 (need for pay stubs + tax return + letter of employment)
08/18/2015 - National Benefit Center received Response to RFE (Status updated to RFE received)
08/23/2015 - Address change
09/08/2015 - Received letters confirming address change for I-485 and I-131

09/25/2015 - Online status of I-131 and I-765 changed to "Case Approved." Received combo card.

11/14/2015 - I-485: Card in Production!!! Case Approved!

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Thank you for your reply. I started to work for Uber in March, so I dont have a tax return for that yet. And Ubee doesnt do Letters from Employer and pay check stubs

You are self-employed. So write a letter stating that you are self-employed, your salary, and include bank statements showing deposits of the money you have earned. It is all about the proof. You stated it on the I-864 form, so you must now prove it. The better approach would have been to stated zero income and that is why you have a co-sponsor, but that ship has sailed. Now you need to prove what you put on the form or they will get for lying. I would do a sworn statement about your employment and income as it will carry more weight than just a letter from you. The hard part will be using your company letterhead--you will need to create this.

Dave

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Uber / Lyft drivers are usually self employed / contractors. Did you check the self employed box ?

Did you file taxes and submit a tax return ? Did you submit 1099's and a business income ledger instead of an employment letter/pay stubs ?

Sending them a new form stating you have no income would be inconsistent and not true.

I don't know why they ignored your letter to go with the joint sponsor.

I would send the 1099, tax transcript, self employment business ledger and a letter describing your job payment and that you selected the joint sponsor.

Include all bank statements and a bank letter listing all your deposits.

Edited by Ebunoluwa

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Definitely explain that you just started the business in March !


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Uber / Lyft drivers are usually self employed / contractors. Did you check the self employed box ?

Did you file taxes and submit a tax return ? Did you submit 1099's and a business income ledger instead of an employment letter/pay stubs ?

Sending them a new form stating you have no income would be inconsistent and not true.

I don't know why they ignored your letter to go with the joint sponsor.

I would send the 1099, tax transcript, self employment business ledger and a letter describing your job payment and that you selected the joint sponsor.

Maybe someone else has better advice.

The problem is he started his business in March of this year (2015) so no income tax declaration yet nor 1099s. He might or should have his payments to the social security administration for self employment income and could use that--assuming he has followed the rules for being self-employed and is filing the 15% of his gross income to the SSA.

They ignored his letter because you cannot just put a number down on the I-864 form and not be able to prove it. If you cannot prove it then you should never put the income on the form. It is the same as zero income, but they will also use it to see if the person is of good moral character.

Dave

Edited by Dave&Roza

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I had typed my response after I read he only started in March and didn't file taxes.

June would have been the month for estimated tax due which could helped as you stated.

Tax = don't have

Estimated tax payment send (June) ?

Bank statements ?

Bank letter showing deposits ?

Business income ledger ( March to August ) = create one.

Letter explaining the nature and payment of the job.

Projected income for 2015.

Those are options you can chose from.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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I had typed my response after I read he only started in March and didn't file taxes.

June would have been the month for estimated tax due which could helped as you stated.

Tax = don't have

Estimated tax payment send (June) ?

Bank statements ?

Bank letter showing deposits ?

Business income ledger ( March to August ) = create one.

Letter explaining the nature and payment of the job.

Projected income for 2015.

Those are options you can chose from.

Thank you for your advice, I will definitely do this! I read somewhere that it wont hurt and was advised to see an immgration officer at a local USCIS center

The problem is he started his business in March of this year (2015) so no income tax declaration yet nor 1099s. He might or should have his payments to the social security administration for self employment income and could use that--assuming he has followed the rules for being self-employed and is filing the 15% of his gross income to the SSA.

They ignored his letter because you cannot just put a number down on the I-864 form and not be able to prove it. If you cannot prove it then you should never put the income on the form. It is the same as zero income, but they will also use it to see if the person is of good moral character.

Dave

Thank you for your advice. I did not do SSA thing, Im under impression that it all will be counted during Tax filing season


07/07/2015 - Sent AOS for K1 visa (I-485, I-131, I-764)
07/16/2015 - Received confirmation (I-485 receipt was not sent to the MAILING ADDRESS!)
08/05/2015 - Biometrics appointment
08/06/2015 - Received RFE for Initial Evidence for I-485 (need for pay stubs + tax return + letter of employment)
08/18/2015 - National Benefit Center received Response to RFE (Status updated to RFE received)
08/23/2015 - Address change
09/08/2015 - Received letters confirming address change for I-485 and I-131

09/25/2015 - Online status of I-131 and I-765 changed to "Case Approved." Received combo card.

11/14/2015 - I-485: Card in Production!!! Case Approved!

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You don't really need a lawyer for this, a CPA may be helpful, they know how to prove your income and will tell you the same listed items.

Here is an article on Uber and taxes.

http://blogs.hrblock.com/2015/02/14/moonlighting-as-an-on-demand-driver-can-be-unexpectedly-taxing/

Edited by Ebunoluwa

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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I thought Uber was considered self-employed, so you will need to provide your quarterly tax submissions. Also, write a letter thaqt you are self -employed. You will still need a co-sponsor, but that will address this RFE.


Phase I - IV - Completed the Immigration Journey 

 

 

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I thought Uber was considered self-employed, so you will need to provide your quarterly tax submissions. Also, write a letter thaqt you are self -employed. You will still need a co-sponsor, but that will address this RFE.

It is and this is one of the main issues that people who work "for" Uber will fine out when they get fined by the IRS for failing to file their quarterly withholdings and their Medicare and SSA withholdings. They will also find out how much "fun" it is to file Schedule C.

OP: you need to research this and get all your ducks in a row as you will need to have everything the IRS wants as the USCIS will check on this before allowing you to receive your immigration benefit.

Dave

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Seems like it is a lot of trouble proving this to USCIS. Would I get in trouble with USCIS if I try to send a revised i864 with 0 income on it and a letter stating that I just started recently to work for Uber/Lyft and cannot prove income as of now. My mother is my co-sponsor and she has great income.

I began working at Lyft in March and dor Uber in mid June.

Edited by toha

07/07/2015 - Sent AOS for K1 visa (I-485, I-131, I-764)
07/16/2015 - Received confirmation (I-485 receipt was not sent to the MAILING ADDRESS!)
08/05/2015 - Biometrics appointment
08/06/2015 - Received RFE for Initial Evidence for I-485 (need for pay stubs + tax return + letter of employment)
08/18/2015 - National Benefit Center received Response to RFE (Status updated to RFE received)
08/23/2015 - Address change
09/08/2015 - Received letters confirming address change for I-485 and I-131

09/25/2015 - Online status of I-131 and I-765 changed to "Case Approved." Received combo card.

11/14/2015 - I-485: Card in Production!!! Case Approved!

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Some countries embassy don't accpet joint sponsor for k1 .u should check embassy website.if u income fill full poverty guidelines u don't need sponsor.u can ask them to write a latter of stating about ur income and sign and Stemp it.it will workout for u,

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Some countries embassy don't accpet joint sponsor for k1 .u should check embassy website.if u income fill full poverty guidelines u don't need sponsor.u can ask them to write a latter of stating about ur income and sign and Stemp it.it will workout for u,

The OP is adjusting status.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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