Request for initial Evidence(I-485)

[tsato 0]

Hello, I got request for initial evidence (I-485) letter yesterday. It said that,

The petitioner/sponsor on From I-864EZ, Affidavit of support, must submit a complete Federal income tax return submitted to the Internal Revenue Service (IRS) for the most recent tax year.

The petitioner/sponsor on From I-864EZ, Affidavit of support, must submit W-2s and/or 1099-rs submitted to the Internal Revenue service for the most recent tax year.

I submitted I-864EZ with IRS tax transcript. My wife did not work last year because she was student. so, the IRS transcript does not show enough income. but she got job on April, and she is doing well so far. the next tax return will be meet poverty line. We submit her paystabs last 6 month and employment letter to show her approximate income.

the bottom of request for initial evidence letter said that if the petitioner/sponsor's income cannot be documented on From w-2 or 1099s, petitioner/sponsor cannot submit form I-864ez to satisfy the Affidavit of support requirement. The petitioner/sponsor must submit a completed and sighed Form I-864. Also provide copies of the most recent Federal income tax return and the most recent w-2.

here is my question,

Do I have to submit I-864 with tax transcript instead of I-864ez because the tax transcript does not show her income?

what is complete federal income tax return? Is IRS transcript different from complete federal tax return?

thank you.

Edited November 4, 2014 by tsato

[Ian H. 207]

Hi,

She wasn't eligible to use the I-864EZ, this is why the instructions must be read carefully.

She has to submit an I-864, filled out properly. It doesn't matter if the taxes don't show what she is making now, that is what the employment letter/pay stubs are for.

She has to submit tax transcripts for the last 3 years, 2013, 2012, 2011. If she didn't file a return at all for one of those years, she needs to write a letter explaining that she didn't file because her income was too low or didn't have any. Good luck.

Edited November 4, 2014 by Ian H.

[KayDeeCee 4,892]

Did you/she read the I-864EZ instructions? If she did not meet the requirement for 2013 and the income she is now earning is not shown on the most recent W-2, then she cannot use the I-864EZ.

http://www.uscis.gov/sites/default/files/files/form/i-864ezinstr.pdf

Who May Use Form I-864EZ?

You may use Form I-864EZ IF ALL the following conditions apply

1. You are the person who filed or is filing the Form I-130, Petition for Alien Relative, for a relative being sponsored;
2. The relative you are sponsoring is the only person listed on the Form I-130 petition;
3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s).

[joeygen 2]

This is a very good topic...

I am a little confused the difference between 2 forms (Form I-864EZ and I-864)

My situation is --> i am the petitioner for my mom and dad, i am the only one providing the affidavit of support. So, what form should i use?

yay,.. confusing...

[tsato 0]

Thanks for your reply guys.

Can we submit I-864 with request for initial evidence (I-485) letter, transcript? and do they accept document substitution?

[KayDeeCee 4,892]

This is a very good topic...

I am a little confused the difference between 2 forms (Form I-864EZ and I-864)

My situation is --> i am the petitioner for my mom and dad, i am the only one providing the affidavit of support. So, what form should i use?

yay,.. confusing...

If you meet all 3 of those conditions posted above, then you can use the I-864EZ. If you do not meet all 3 of them, then use the I-864.

Thanks for your reply guys.

Can we submit I-864 with request for initial evidence (I-485) letter, transcript? and do they accept document substitution?

Yes, just provide a statement that you used the wrong form and are now supplying the correct form and supporting documentation. Provide an I-864 along with her most recent tax transcript along with a letter from her employer and recent pay stubs to prove her current income meets the requirement.

[joeygen 2]

I have another questions: I rec'd a checklist for my parents

1. Document Cover sheet - which i have

2. Financial Documents - Which i can provide. Easy

3. Supporting Docs - ????

--- are the birth certificated should be original?

---- Court and prison record -- i dont have those -- should i say not applicable of un available? - i was thinking that this is police report

---- Photo Copy of Valid passport?? is it for my parents passport or my passport (I am the petitioner) (applicants are my parents)