Request for Evidence-Need your opinion

[joyce_njs 0]

I filed for AOS from F-1 visa on Mar 7 2011 since my husband and I got married earlier this Jan. Unfortunately, I just received an email yesterday and I have been requested for evidence. I thought my package was very professional and this wouldn't happen to me..well..i guess I was wrong. After thinking over and over again about what could be wrong in the package I sent, I guess it could be the tax return documents for my petitioner and joint sponsor. So the detail information is:

1 Petitioner: my husband who just graduated from his master program from Michigan. He has been a full time student since 2008, so obviously he doesn't have sufficient income to sponsor me, even that he is a part time research assistant at the University. However, we did calculate his expected income this year based on estimated working hours every month. He reports his working hours every two weeks for the professor's research projects. The money varies, and also short from the 125% poverty line, so i would say this is not the most ideal thing the immigration officer is looking for. However, we included copies of his tax return for 2008 and W2s for recent years.

2 Joint sponsor, my husband's brother. He has been working since Sept 2009, so only been working for a year and a half. And the problem is that his first job was with South Korean embassy, and since it is a foreign embassy, the salaries there don't subject to U.S. tax laws, meaning he didn't receive any W2s during his time there. He did file for taxes, but he had to self report to IRS to do it. And you can see that he only filed once for year 2009, since the deadline for year 2010 hasn't passed yet. Since the tax return copy only included his income from Sept to Dec 2009, thus the total income in that form looks less than the yearly income required to pass 125% of poverty line, but that is only for 4 months you know. He changed his job in Sept 2010 and now he is working for an American firm, but his W2 for 2010 only has 4 months again, as I mentioned, korean embassy income doesn't show up on W2s. So I included the copies of his first tax return, the new W2 and his new work contract and pay stubs showing what he earns now, which is 50K a year. Since his work history is a bit complicated, would this be a problem?

I assume they probably need more tax supporting documents for this case, since I believe I included everything else. Please HELP!!

Thanks

[Anh map 2,098]

Wait to receive the actual RFE rather than make yourself crazy trying to guess.

FYI, the US taxes on worldwide income. Tax due or not, amounts earned anywhere are reported on a person's tax return.

[Dakine 26]

I filed for AOS from F-1 visa on Mar 7 2011 since my husband and I got married earlier this Jan. Unfortunately, I just received an email yesterday and I have been requested for evidence. I thought my package was very professional and this wouldn't happen to me..well..i guess I was wrong. After thinking over and over again about what could be wrong in the package I sent, I guess it could be the tax return documents for my petitioner and joint sponsor. So the detail information is:

1 Petitioner: my husband who just graduated from his master program from Michigan. He has been a full time student since 2008, so obviously he doesn't have sufficient income to sponsor me, even that he is a part time research assistant at the University. However, we did calculate his expected income this year based on estimated working hours every month. He reports his working hours every two weeks for the professor's research projects. The money varies, and also short from the 125% poverty line, so i would say this is not the most ideal thing the immigration officer is looking for. However, we included copies of his tax return for 2008 and W2s for recent years.

2 Joint sponsor, my husband's brother. He has been working since Sept 2009, so only been working for a year and a half. And the problem is that his first job was with South Korean embassy, and since it is a foreign embassy, the salaries there don't subject to U.S. tax laws, meaning he didn't receive any W2s during his time there. He did file for taxes, but he had to self report to IRS to do it. And you can see that he only filed once for year 2009, since the deadline for year 2010 hasn't passed yet. Since the tax return copy only included his income from Sept to Dec 2009, thus the total income in that form looks less than the yearly income required to pass 125% of poverty line, but that is only for 4 months you know. He changed his job in Sept 2010 and now he is working for an American firm, but his W2 for 2010 only has 4 months again, as I mentioned, korean embassy income doesn't show up on W2s. So I included the copies of his first tax return, the new W2 and his new work contract and pay stubs showing what he earns now, which is 50K a year. Since his work history is a bit complicated, would this be a problem?

I assume they probably need more tax supporting documents for this case, since I believe I included everything else. Please HELP!!

Thanks

Have to co sponsor fill out 2010 and have it ready to submit. That "could be" the problem as last year at this time a friend was asked for the most recent year even tho it wasn't after 4/15!

Edited March 24, 2011 by Dakine

[joyce_njs 0]

Ok..very confusing. I just received a mail from USCIS that it turned out to be my biometrics appointment, and the mail notice date is 2 days before the date that they said they mailed out the REF. Could the REF be the appointment letter or there should be an actual REF on the way?

Any input would be helpful..

Edited March 24, 2011 by joyce_njs

[Anh map 2,098]

Ok..very confusing. I just received a mail from USCIS that it turned out to be my biometrics appointment, and the mail notice date is 2 days before the date that they said they mailed out the REF. Could the REF be the appointment letter or there should be an actual REF on the way?

Any input would be helpful..

That is the type of evidence they are looking for.

[joyce_njs 0]

Thanks guys for your replies.

Hopefully that is it. But I haven't read any similar cases yet. It appears to me that normally for I-485 cases, the RFE normally is something else...

[Darnell 8,478]

RFE 'email notice' contains nothing other than yer getting an RFE

Actual RFE contents SOLELY come in to you, via postal mail.

RE: Biometrics appointment - not related to this RFE.

Don't sweat the RFE, only focus on what they are asking for, after you get the letter.

Good Luck ! (Be Patient, la - practice making 300 jiaozi whilst yer waiting)