Help With Request for Initial Evidence

[gringoconmexicana 2]

I am an American citizen and my new wife is Mexican. My wife just got a "Request for Initial Evidence (I-485)" from USCIS. And it's got 4 points. I'll print them below and list my questions or comments in italics.

1. Form I-864 Affidavit of Support was submitted, however, it was not from the petitioner/sponsor.

In order to process your application further, submit a completed and signed Form I-864 for the petitioner/sponsor listed on Form I- 130 or Form I-129F.

In the original I-485 submission, my mother (the immigrant's mother-in-law) submitted the I-864. I figured that, since she was the sponsor, although not the petitioner, in the I-129F process, that she would continue to be the sponsor. So, I'm guessing I was wrong, that I'm supposed to be the sponsor now and that I need to submit the I-864. Nevermind that I've already proven to them that I don't meet the financial qualifications of a sponsor and that my mother does. Or that a USCIS person, a couple months ago, told me that he believed my original assumption was correct.[i][/i]

2. In order to process your application further, the joint sponsor on Form I-864, Affidavit of Support, must submit all supporting tax documentation (W-2s, 1099s, etc.) submitted to the Internal Revenue Service (IRS) for the most recent tax year.

Question 1: Is the joint sponsor my mother or is it me? I assume it's my mother and that I'm the sponsor, since that's what it says on the form. Of course, a USCIS person told me something else a couple months ago.

Question 1a: My mother already submitted the I-864. Must she resubmit it? Must she also submit an I-864a?

Question 2: My mother and I both submitted tax returns via Internet. According to the instructions for form I-864, Telefile tax records are not acceptable. Is the Internet tax return a Telefile tax record or is the printed version considered a photocopy of my personal records, which would be acceptable?

Question 3: If I am the sponsor and my mother is the joint sponsor, isn't she supposed to file form I-864a. Sorry, sort of a repetitious question. It's just the Request for Initial Evidence doesn't ask for an I-864a.

Question 4: I didn't live or work in the U.S. the previous two years. So I don't have W-2s or 1099s. If I'm the joint sponsor, what am I supposed to submit as supporting tax documentation? If I'm solely the sponsor, must I submit W-2s and 1099s or any other document I don't have. Sorry if I'm sounding bitter. Sorry I'm having to ask people on the Internet for free answers because the people who get paid to answer the questions at USCIS don't know the answers. Sorry if I'm sounding bitter.

3. The joint sponsor on Form I-864, Affidavit of Support, must be a United States Citizen, United States National, or Lawful Permanent Resident of the United States. In order to process your application further, submit evidence of the joint sponsor's status.

Okay. Now I'm positive my mother is the joint sponsor. They couldn't possibly be asking me to prove I'm a U.S. citizen after all I've submitted to them, could they? What evidence would my mother need to submit to prove that she's a U.S. citizen? Birth certificate? Anything else acceptable?[i][/i]

4. In order to process your application further, you will need to submit an English translation of the foreign language birth certificate you submitted. All foreign language documents must be submitted with an English translation.

This is more of a complaint than a question. Since when did we change the Constitution to make English the official national language and deem Spanish an official foreign language. You mean to tell me that the USCIS is without the capability of translating a birth certificate from Spanish to English? I bet 95 percent of the adults in my neighborhood could do that. I could do it for them if they really are that inept. But I have to pay a "certified translator" to do it. Come on. Haven't I spent enough money on this already. I hope whatever comprehensive immigration reform is has something to do with improving USCIS's form management system.[i][/i]

Edited July 15, 2008 by gringoconmexicana

[YuAndDan 153]

1) Primary sponsor is always US Citizen/Spouse, Joint sponsor can be someone else that makes or exceeds 125% povertyline.

1a) Re submit both your I-864 and mother's I-864 as Joint sponsor. I-864A is only a contract between a sponsor or joint sponsor and a member of sponsor's or joint sponsor's household, it is only used to add a household member's income to that of the sponsor or joint sponsor to help make 125% povertyline.

2) ORDER simple IRS transcripts, they are FREE. http://www.irs.gov/faqs/faq1-6.html

3) A Joint sponsor also file I-864

4) Submit IRS transcripts per number 2 above.

You cannot expect every adjudicator to be able to read everything submitted to them in any language that it may be in, English is a common language that EVERY adjudicator at USCIS understands. My wife's birth cert is in Chinese, I certainly don't expect someone at USCIS to understand that, we submitted an English translation.

[payxibka 10,048]

Obviously you missed this very important instruction for the form:

Translations. Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.

Edited July 15, 2008 by fwaguy

[nm123 0]

Obviously you missed this very important instruction for the form:

Translations. Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.

You are able to translate your wife's birth certificate and write this:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

As stated on VJ: http://www.visajourney.com/forums/index.ph...ge=translations

Some people say a 3rd party (not you or your wife) should do the translation, but KitKat (whom you probably know from the CDJ thread) translated her husband's birth certificate. Or you can translate it, have a bilingual friend review and sign it. See this: http://www.immigrate2us.net/forum/showthread.php?p=180606

[YuAndDan 153]

This is more of a complaint than a question. Since when did we change the Constitution to make English the official national language and deem Spanish an official foreign language. You mean to tell me that the USCIS is without the capability of translating a birth certificate from Spanish to English? I bet 95 percent of the adults in my neighborhood could do that. I could do it for them if they really are that inept. But I have to pay a "certified translator" to do it. Come on. Haven't I spent enough money on this already. I hope whatever comprehensive immigration reform is has something to do with improving USCIS's form management system.

One last note, on this, Chinese is spoken and read by 1/6 or the earth's population, so why does USCIS not take documents sent to them in Chinese?

Chinese is spoken by 1,120 million people world wide far more than Spanish by about 3 times.

If you add the secondary speaker populations to the primary speaker populations, you get the following (and I believe more accurate) list:

(number of speakers in parentheses)

1. Mandarin Chinese (1.12 billion)

2. English (480 million)

3. Spanish (320 million)

4. Russian (285 million)

5. French (265 million)

6. Hindi/Urdu (250 million)

7. Arabic (221 million)

8. Portuguese (188 million)

9. Bengali (185 million)

10. Japanese (133 million)

11. German (109 million)

A good read: http://www2.ignatius.edu/faculty/turner/languages.htm

[gringoconmexicana 2]

Thanks for the responses. They help. Sorry for the rant.

[sweetpiano 0]

1. Form I-864 Affidavit of Support was submitted, however, it was not from the petitioner/sponsor.

In order to process your application further, submit a completed and signed Form I-864 for the petitioner/sponsor listed on Form I-130 or Form I-129F.

You, as the petitioner for your wife, are also the primary sponsor. Thus, even if you don't meet the poverty guidelines, you must submit an I-864.

2. In order to process your application further, the joint sponsor on Form I-864, Affidavit of Support, must submit all supporting tax documentation (W-2s, 1099s, etc.) submitted to the Internal Revenue Service (IRS) for the most recent tax year.

Question 1: Is the joint sponsor my mother or is it me? I assume it's my mother and that I'm the sponsor, since that's what it says on the form. Of course, a USCIS person told me something else a couple months ago.

Question 1a: My mother already submitted the I-864. Must she resubmit it? Must she also submit an I-864a? Your mother needs to submit copies of her tax return as support for the income in the affidavit of support. If she works, send copies of her W-2's and pay stubs as well. If she does not work, send copies of whatever documents she has to prove retirement income etc. which were used as basis for filling out the tax return.

Question 2: My mother and I both submitted tax returns via Internet. According to the instructions for form I-864, Telefile tax records are not acceptable. Is the Internet tax return a Telefile tax record or is the printed version considered a photocopy of my personal records, which would be acceptable? Call the IRS hotline and order transcripts, they are free, arrive in 1 week in the mail and if submitted to USCIS, then no copies of W-2's are needed. However, pay stubs or retirement income documents for the current year income are still needed.

Question 3: If I am the sponsor and my mother is the joint sponsor, isn't she supposed to file form I-864a. Sorry, sort of a repetitious question. It's just the Request for Initial Evidence doesn't ask for an I-864a. The I-864A is filed only if the primary sponsor and the joint sponsor live in the same household. If you and your wife live separately from your mother, then no need for I-864A.

Question 4: I didn't live or work in the U.S. the previous two years. So I don't have W-2s or 1099s. If I'm the joint sponsor, what am I supposed to submit as supporting tax documentation? If I'm solely the sponsor, must I submit W-2s and 1099s or any other document I don't have. Sorry if I'm sounding bitter. Sorry I'm having to ask people on the Internet for free answers because the people who get paid to answer the questions at USCIS don't know the answers. Sorry if I'm sounding bitter. When you filed your tax return, if you reported some kind of income on it, then you must have some kind of documents to substantiate that income. If your income was zero, then just send the copy (or transcript) of your tax return.

3. The joint sponsor on Form I-864, Affidavit of Support, must be a United States Citizen, United States National, or Lawful Permanent Resident of the United States. In order to process your application further, submit evidence of the joint sponsor's status.

Copy of birth certificate or passport.

4. In order to process your application further, you will need to submit an English translation of the foreign language birth certificate you submitted. All foreign language documents must be submitted with an English translation.

I translated my own documents and accompanied the translation with the certification text (as suggested by NM123).

Best of luck!