Need help! Received RFE for Initial Evidence for I-485 - in relation to i-864

[uscdncitizen 0]

Hi everyone,

I need your help. I received a request for initial evidence for my wife's I-485 application. It's in relation to what I submitted for my I-864. I'm a little bit confused because here's what I submitted along with my I-864:

- 3 Recent pay stubs (2012) showing salary - my salary is in the low $60,000s

- 2010 & 2009 tax returns (photocopies, not certified)

I submitted my entire package on March 12, 2012 - they received it on March 21. I did not file my 2011 tax return before that time. And here's my situation, I moved to the US from Canada in 2012 with my wife (she's unemployed). Started a new job in the US in 2012 - never worked/lived in the US prior to that, so my income for 2010, 2009 was all Canadian (foreign income). I am a US citizen, however, but I moved to Canada when I was a baby and just came back this year!

They're asking for two things:

#1 Submit all supporting tax documentation (Form 1099 and Form 2555 for non taxable income) submitted to the IRS from the petitioner/sponsor on Form I-864, for the most recent tax year

#2 Based on the documents submitted with Form I-864, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner's sponsor household size.

I'm confused about both points! #1 - I submitted my 2010 & 2009 tax returns. and #2 my salary is in the lows $60,000s - I googled the poverty line for a household of 2 and it's around $15,000.

So what's going on here?? I submitted the most recent tax returns already and my income is above the poverty line (which is proven in my 3 recent pay stabs).

Thanks for any help! really appreciate it

[ceadsearc 516]

How long have you been employed? Sometimes USCIS will request further documentation or a joint sponsor for "new" income.

[uscdncitizen 0]

I've been employed in Canada since 2006. However, I've only been employed in the US as of December 24, 2011. I was transferred from my Canadian office to our US head office (moved January 2012). I have worked in my current company since Nov 2011 (so about 2 years and 1 month in the Canadian office).

How long have you been employed? Sometimes USCIS will request further documentation or a joint sponsor for "new" income.

Edited April 15, 2012 by uscdncitizen

[Harpa Timsah 13,258]

It appears to be a problem with the tax return you sent. What exactly did you send? It will need all of the schedules and extra forms, not just the 1040. The best way to fix this problem is to order a tax transcript, which is a report of your complete tax return. Since your tax return was not sufficient, then they say you do not qualify on income. if you can send a complete tax return or tax transcript, then you will qualify.

[Nich-Nick 3,354]

I think the problem could be the foreign income is not being counted toward the support. If you can further prove your current US employment and income with a letter from the boss stating start date, paid in USD, workplace in the US, salary, etc.

Also did you have a form 2555 to exclude your foreign earnings from US taxation?? Sounds like they want that because it's normally a part of US tax returns for citizens living abroad.

[WrightFamily 34]

Hi everyone,

I need your help. I received a request for initial evidence for my wife's I-485 application. It's in relation to what I submitted for my I-864. I'm a little bit confused because here's what I submitted along with my I-864:

- 3 Recent pay stubs (2012) showing salary - my salary is in the low $60,000s

- 2010 & 2009 tax returns (photocopies, not certified)

Thanks for any help! really appreciate it

I thought you must submit the (3) most recent Tax years: in your case its 2008, 2009 & 2010...You only sent 2010 & 2009

Sending your Official 2010 Tax Transcript doesn't require multiple years of returns!

Nich-Nick has a valid point, foreign income could also be the problem!

Edited April 15, 2012 by WrightFamily

[Nich-Nick 3,354]

I thought you must submit the (3) most recent Tax years: in your case its 2008, 2009 & 2010...You only sent 2010 & 2009

Only the (1) most recent tax return is required. The two before that are optional. But the form asks you to enter the gross income as reported on the 3 most recent tax returns.

Edited April 15, 2012 by Nich-Nick

[himher 634]

Did you take the foreign earned income exemption? That would have reduced your AGI (adjusted gross income) for US tax purposes to (zero) wouldnt it?

You, unfortunately, are probably going to have an uphill battle qualifying for AOS due to moving with intent to immigrate on what I assume to be an immigrant border crossing on visa waiver and (zero) US income prior to doing so.

Example: We were out of the US for only (3) years and I either had to show 3X the 125% poverty level in cash assets or get a co-sponsor due to all income, at the time, being overseas income.

Best of luck to you

Hi everyone,

I need your help. I received a request for initial evidence for my wife's I-485 application. It's in relation to what I submitted for my I-864. I'm a little bit confused because here's what I submitted along with my I-864:

- 3 Recent pay stubs (2012) showing salary - my salary is in the low $60,000s

- 2010 & 2009 tax returns (photocopies, not certified)

I submitted my entire package on March 12, 2012 - they received it on March 21. I did not file my 2011 tax return before that time. And here's my situation, I moved to the US from Canada in 2012 with my wife (she's unemployed). Started a new job in the US in 2012 - never worked/lived in the US prior to that, so my income for 2010, 2009 was all Canadian (foreign income). I am a US citizen, however, but I moved to Canada when I was a baby and just came back this year!

They're asking for two things:

#1 Submit all supporting tax documentation (Form 1099 and Form 2555 for non taxable income) submitted to the IRS from the petitioner/sponsor on Form I-864, for the most recent tax year

#2 Based on the documents submitted with Form I-864, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner's sponsor household size.

I'm confused about both points! #1 - I submitted my 2010 & 2009 tax returns. and #2 my salary is in the lows $60,000s - I googled the poverty line for a household of 2 and it's around $15,000.

So what's going on here?? I submitted the most recent tax returns already and my income is above the poverty line (which is proven in my 3 recent pay stabs).

Thanks for any help! really appreciate it

[himher 634]

grrrr I couldnt modify the post

From the instructions:

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.

This is line #22 on the 1040 and still excludes foreign earned income. So from the standpoint of the officer they are looking at you having filed basically (2) tax years with what is being reported as (zero) income as defined in the instructions

Edited April 15, 2012 by himher

[Darnell 8,478]

I think you need a transfer letter from HR, stating your 2011 salary, the 2012 salary and the authorization for the move. With this, include a coverr letter of yer own stating that 'the job' is continuing, there was no loss of job, only a job transfer. (use more words, but that's the gist of it) .

So, gather that up, in addition to the tax transcripts, fire it off with the RFE. IMO, there's a dumb-@ss adjudicating yer casefile, and was not able to 'read between the lines' - so you need to 'help' that person ..

also - what visa did your wife us to come into the USA, when you were transferred? I hope there was an I-130 floating around, somewhere.

Edited April 15, 2012 by Darnell

[unlockingsky 94]

Couldn't he just get a co-sponsor e.g. parents w/ liquid assets?

You, unfortunately, are probably going to have an uphill battle qualifying for AOS due to moving with intent to immigrate on what I assume to be an immigrant border crossing on visa waiver and (zero) US income prior to doing so.

Example: We were out of the US for only (3) years and I either had to show 3X the 125% poverty level in cash assets or get a co-sponsor due to all income, at the time, being overseas income.

Best of luck to you

[Harpa Timsah 13,258]

All good points, but since the RFE asked specifically for a 2555, it still makes me think that the tax return submitted was not complete. This is, as we all know, a very common mistake. I'd still like to know, what tax forms did the OP send in?

Edited April 16, 2012 by Harpa Timsah

[himher 634]

Yes assuming he can prove that her entry was not with intent to immigrate.

Couldn't he just get a co-sponsor e.g. parents w/ liquid assets?

[Mike Z 8]

unlikely but one thought:

did the OP file US taxes? ( i am guessing so but the OP doesnt actually state this - unless i missed it.)

just figured if he sent in his canadian tax returns that would prompt the RFE

[uscdncitizen 0]

unlikely but one thought:

did the OP file US taxes? ( i am guessing so but the OP doesnt actually state this - unless i missed it.)

just figured if he sent in his canadian tax returns that would prompt the RFE

i filed US taxes for 2010 and 2009. (first time i filed US taxes actually - i didn't know i was a US citizen - long story - until last year and wasn't aware i needed to back file taxes since i lived in canada all my life).