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RFE for I-485 - please help!!

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Filed: Citizen (apr) Country: Canada

Today I got an RFE for not giving enough information with my affidavit of support for AOS. It asked for copies of income tax returns for the past 3 years but my husband just finished medical school in 2005 so he did not make a lot of money for the past 3 years. He did work part time during school, but the amount he made was minimal. He now has a job, which he has been at since October of 2005. I send a letter from the employer, and 2 recent pay stubs. I also sent a letter explaining why we did not send the other tax returns (stating that 2005 was the first year he began working as a doctor). I didn't think it was a big deal that I didn't send previous tax returns because the income was so low. (Big mistake, in hindsight!)

So here are my questions:

1) If we send his tax returns for the past 3 years, is it okay that he didn't make a lot of money? (Even though he makes a lot this year, but this hasn't been filed yet)

2) More importantly... It says on my letter that I am ineligible for interim employment authorization until NINETY days after the initial evidence is received!!!! ("pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii)"). I was planning on starting a new job in a month! Is this 90 days a sure thing or just an estimate???

Pleeeeease, any help would be great! Do I need to quit my wonderful newfound job that is to start next month?? :(


April 8th, 2005 Mailed I-129F to Nebraska

April 18th, 2005 I-129F received in Nebraska

July 18th, 2005 I-129F approved

July 19th, 2005 I-129F sent to Department of State

Aug 9th, 2005 I-129F received by Montreal Consulate

Aug 15th, 2005 Packet 3 received from Consulate

Aug 17th, 2005 Sent DS-230 and checklist to Consulate

Aug 31st, 2005 Medical

Nov 8th, 2005 Interview at Montreal US Consulate

Nov 24th, 2005 Entry into U.S. through JFK - received 90 day EAD


Jan 17th, 2006 Sent in I-485, EAD and AP

Jan 18th, 2006 Application received in Chicago

Jan 25th, 2006 NOA for I-485, EAD and AP

Feb 14th, 2006 RFE for I-485:( - need more info on income tax forms and W2s

Feb 28th, 2006 RFE Info sent to Missouri

Mar 3rd, 2006 Biometrics taken

April 15th, 2006 Received AP!

April 17th, 2006 Received EAD Card!

May 7th, 2006 Received Notice of Action - I-485 case has been transferred to Cali Service Center

May 23rd, 2006 Case Approved without interview! Welcome letter received:)

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Filed: Country: Sweden

Regarding the tax returns -- it is a requirement that you send the tax returns. It is not a requirement that he meet the income guidelines in all three years, just that he currently meets the guidelines. I think the tax returns give them a picture of the sponsor's financial stability. (It also allows them to verify that the sponsor has filed his taxes.) The adjudicating officer will weigh all of the information and decide if your husband's income is sufficient and likely to be sustained. If the AO decides it's not, she or he will ask for a joint sponsor.

If your husband did not file taxes for any of the past years because he didn't have any income and was not required to file taxes, I believe you need to make a statement to that effect. If he did file taxes and you chose not to include them because you thought the income was too inconsequential, then I see where you got in trouble. ;o)

Regarding the 90 days thing -- they might send you your EAD earlier than 90 days after they receive the requested tax returns. They're just saying that if they do not, you cannot request an *interim* EAD until 90 days after the receive the tax returns. So hopefully the regular EAD gets there sooner and you won't need an interim one. But if you're supposed to start your job next month, I wouldn't bank on getting that EAD.

P.S. People have been saying that per the new memo, you only need to submit one year of tax returns. It's supposed to apply to people who filed after Nov 23, 2005. I assume you filed after that since you just got your RFE. But, no point in arguing with them -- not sure how you *would* argue with them anyway -- easier to just comply and give them what they asked for.

"When all else fails, read the instructions."

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Filed: Citizen (pnd) Country: Canada

File the 2005 tax returns, and then send them 2005, 2004 and 2003.

Hate to tell you, but you can't work without the EAD. Don't count on them taking 90 days. They could take longer.

Edited by daisy16

Heading Home!


Feb 28/2011 - sent paperwork

Mar 3/11 - received text & email notification - they have it!

Mar 15/11 - text, email, and notice sent - biometrics booked

April 12/11 - biometrics done - I start studying

May - get the letter

June 27 - Interview and oath ceremony - same day

Lifting Conditions

Feb 5/08 - Sent paperwork by USPS - priority

Feb 14/08 - NOA issued

Feb 28/08 - Biometrics letter received for The Bronx Office - have to reschedule

Mar 22/08 - Biometrics rescheduled - LOVE the Saturday appointment!

Feb ?/09 - done!


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