Request for initial evidence I-485 (URGENT!!!)

[AppleBoss 0]

Hi guys,

I have an urgent case regarding the I-485 initial evidence. I sent out my I-485 application w/ I-864 and I-864A back in November, 2009. I am a F-1 visa holder currently in PhD program with around 21,000 stipend per year. My wife which is the petitioner (I-864) has no income and she filed a I-864 with my stipend in the first I-864 form. Since I am the beneficial and the instruction said that I didn't have to include my W-2 form. My parents in law had a joint account together. My father in law filed another I-864 form with his stipend of 20,000, and my mother in law filed a I-864A form with her stipend of 20,000. They have joint tax returns, and I have given immigration the copy of their 3 years W-2 and 1040 form.

A few days ago, immigration has send me request for initial evidence (I485) with the check marks says

1. The household member on the petitioner/sponsor's form I -864, must submit the federal income tax return submitted to the IRS for the most recent tax year.

2. The household member on the petitioner/sponsors form I-864, and I-864A must submit all supporting tax documentation (W-2s) submitted to the IRS for the most recent tax year.

My question is, I have submitted my parents in law's tax return for 2006 to 2008. we do not have the year 2009 because it is not going to be ready until April. What do they want?

[Anh map 2,098]

Hi guys,

I have an urgent case regarding the I-485 initial evidence. I sent out my I-485 application w/ I-864 and I-864A back in November, 2009. I am a F-1 visa holder currently in PhD program with around 21,000 stipend per year. My wife which is the petitioner (I-864) has no income and she filed a I-864 with my stipend in the first I-864 form. Since I am the beneficial and the instruction said that I didn't have to include my W-2 form. My parents in law had a joint account together. My father in law filed another I-864 form with his stipend of 20,000, and my mother in law filed a I-864A form with her stipend of 20,000. They have joint tax returns, and I have given immigration the copy of their 3 years W-2 and 1040 form.

A few days ago, immigration has send me request for initial evidence (I485) with the check marks says

1. The household member on the petitioner/sponsor's form I -864, must submit the federal income tax return submitted to the IRS for the most recent tax year.

2. The household member on the petitioner/sponsors form I-864, and I-864A must submit all supporting tax documentation (W-2s) submitted to the IRS for the most recent tax year.

My question is, I have submitted my parents in law's tax return for 2006 to 2008. we do not have the year 2009 because it is not going to be ready until April. What do they want?

You, the beneficiary, do not need to complete an I-864A. You do need to supply information showing that your income/stipend will continue. You would also want to include proof of the stipend (W2/1099). I don't see in the instructions where you are not required to submit the W2.

The Request for Initial evidence sounds like it's looking for your, beneficiary's, information.

Are your in-laws also students or do they receive income rather than stipends?

Did you include copies of the tax return/transcript with each inlaw's I-864's? Each affidavit needs the tax info attached even if the same return is used for both people. Each inlaw would include their own W2's along with the joint return/transcript.

Edited January 3, 2010 by Anh map

[AppleBoss 0]

You, the beneficiary, do not need to complete an I-864A. You do need to supply information showing that your income/stipend will continue. You would also want to include proof of the stipend (W2/1099). I don't see in the instructions where you are not required to submit the W2.

The Request for Initial evidence sounds like it's looking for your, beneficiary's, information.

Are your in-laws also students or do they receive income rather than stipends?

Did you include copies of the tax return/transcript with each inlaw's I-864's? Each affidavit needs the tax info attached even if the same return is used for both people. Each inlaw would include their own W2's along with the joint return/transcript.

Sorry, I might have to clear out some stuff. I am F-1 student and currently receiving stipend of 21,000 from my PhD program. I just started last fall, so I do not have W-2 since the tax is not up until April. I was reading the I-864 instruction page 3 says "an intending immigrant whose income is being usedto meet the income requirement does not need to completeForm I-864A", So i didn't file the I-864A. My wife (citizen0 filed one I-864 for our household with 2 house member she and I while she has no income + my 21,000.

Then my father in law (green card holder) filed second I-864 form as a joint sponsor listed me as one member in his 6 members household with his income of 20,000 + 20,000 from my mother in law. My mother in law submitted one I-864A form to support my father in law's I-864 form.

I have submitted one letter from school indicates that I am a good standing student with the stipend of 21,000 but I didn't include my pay stubs for the previous six months. My wife is currently seeking for job right now.

My parents in law had included their 3 years income tax returns (2006- 2008, with both of their W-2s) with my application. I thought I should have enough evidence. They do not have 1099 cause they have their W-2s.

I just don't know should I resend all these information with my pay stubs. Do you think if I call immigration on Monday they can transfer me to speak with the person taking care of my case and discuss about it?

[Nik+Heather 122]

Joint sponsors must fully meet the income requirements with their individual income. You can be sponsored by her father or her mother, but not both (so no I864A from her mother). It sounds to me that if you have calculated their household correctly at 6 and they each make only around 20k, neither one qualifies (one income earner needs $36k).

I don't think I understand why you need a joint sponsor anyway, with 21k, don't you meet the income requirements for your household (you + your wife?)?

I think you have two options:

Prove your income better - include documentation of why you didn't file taxes in the US for 2008 (you weren't here, etc) plus include your pay stubs as proof of current income. You may want to try an infopass if you want to pursue this. I am under this impression that tax records are required. If you have enough time to respond so you can wait for the W2 for 2008 and submit your 2009 taxes, maybe that would be prudent.

The other, probably safer option is to find a different joint sponsor who has income which meets the qualifications.

[Anh map 2,098]

Mother in law and father in law can combine their incomes. One completes an I-864, the other an I-864A to combine their incomes. Have them obtain IRS transcripts, they are free and can be faxed the same day. http://www.irs.gov/individuals/article/0,,id=110571,00.html

They may not accept the stipend income if that has to cover education expenses. And/or it may not be seen as ongoing income. Not that any job is guaranteed to last.

[AppleBoss 0]

Joint sponsors must fully meet the income requirements with their individual income. You can be sponsored by her father or her mother, but not both (so no I864A from her mother). It sounds to me that if you have calculated their household correctly at 6 and they each make only around 20k, neither one qualifies (one income earner needs $36k).

I don't think I understand why you need a joint sponsor anyway, with 21k, don't you meet the income requirements for your household (you + your wife?)?

I think you have two options:

Prove your income better - include documentation of why you didn't file taxes in the US for 2008 (you weren't here, etc) plus include your pay stubs as proof of current income. You may want to try an infopass if you want to pursue this. I am under this impression that tax records are required. If you have enough time to respond so you can wait for the W2 for 2008 and submit your 2009 taxes, maybe that would be prudent.

The other, probably safer option is to find a different joint sponsor who has income which meets the qualifications.

Are you suer about one joint sponsor must fully meet the income requirements? Because I was reading other forum and people told me that it's per household's total income. Since my parents in law are filing tax together, which means the total house income for thier house is 40,000 at least. According to the website it is more than 125% to sponsor me or even including my wife.

[Nik+Heather 122]

I will bow to Anh Map's greater experience, but I still feel doubtful. I have seen the same advice I gave given on Visa Journey.

I got it from my interpretation of page three of the I-864 instructions under "What is a Joint Sponsor":

A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor.

[Anh map 2,098]

I will bow to Anh Map's greater experience, but I still feel doubtful. I have seen the same advice I gave given on Visa Journey.

I got it from my interpretation of page three of the I-864 instructions under "What is a Joint Sponsor":

N + H - It's a bit murky, and I agree that a stand alone sponsor would be preferable.

I believe that because they are in the same household their incomes can be combined. In some recent cases here on VJ we've heard where a co/joint sponsor was required to have their spouse complete an I-864A to demonstrate that they (the non-sponsor spouse) was aware of the sponsoring spouse's obligation.

Like so many things in this process, clear as mud.