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Wintendows

HELP!! 2 requests for evidence and I don't know what to do!!

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Filed: AOS (pnd) Country: Belgium
Timeline

Hi,

On october 01, 2014 we got a Request for initial evidence (I-485)

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X The petitioner/sponsor on Form 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.

If you were not required to file a federal income tax return under U.S. tax law, attach a written explanation of why you are not required to file. See "filing requirements" in the IRS form 1040 filing instructions to determine wheter you were required to file.

For more information see form I-864EZ instructions. For the most current version of form I-864EZ, including the instructions, go to"forms" at http://www.uscis.govor call (800) 870-3676

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So my wife also the sponsor on I-864EZ went to the IRS service to get a tax transcript for 2013.

It says that she made over $28,000.00 an thus more than enough to bypass the 125% poverty level.

She has a daugther from her ex but 28,000.00 is still more than the amount required on form I-864P for a household of 3 person's.

So we filed that document a couple of day's later but the same day as we put the tax transcript into the post office there was already another RFE in the mail.

the date is october 08, 2014 which is a week later than the first RFE.

I uploaded the letters so that I don't have to type over the whole letter. But basically they already assumed my wife didn't make enough to sponsor me and already put in the letter that we need a joint sponsor.

We are not in the possibility to have another sponsor, but I got my EAD card in the mail a couple of days before and as soon I that I have my SSN I will try to find a job before the 87 day's in the RFE are expired. So I can put myself as a joint sponsor. I am afraid I will not be able to find a job and file as a joint sponsor before 87 day's are over ( january 03, 2015.

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post-159612-0-43429100-1415594652_thumb.jpg

Please any advice would help

Thank you!

Edited by Wintendows

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Filed: Country: Mexico
Timeline

If you did not send the tax transcript to begin with when you submitted the I-864EZ, then that is the entire problem. The I-864EZ replies on the income from your most recent taxes, so if the tax return documentation is not submitted with it, then they will need to request it and they will not know if the sponsor meets the income requirement or not.

Just so you know, the immigrant would never be their own joint sponsor. An immigrant's income can be used if you provide proof it will continue from the same source after you become a permanent resident, but it is added directly to your USC spouse/sponsor's I-864. The I-864EZ could not be used in that instance.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: AOS (pnd) Country: Belgium
Timeline

If you did not send the tax transcript to begin with when you submitted the I-864EZ, then that is the entire problem. The I-864EZ replies on the income from your most recent taxes, so if the tax return documentation is not submitted with it, then they will need to request it and they will not know if the sponsor meets the income requirement or not.

Just so you know, the immigrant would never be their own joint sponsor. An immigrant's income can be used if you provide proof it will continue from the same source after you become a permanent resident, but it is added directly to your USC spouse/sponsor's I-864. The I-864EZ could not be used in that instance.

Thank you for your fast response!!

You are right we did send something she got from HR-block in the first place. We corrected that mistake by sending the tax transcript afterwards. Should we just ignore the second RFE? Because it came before uscis even got the tax transcript.

The case status is this

Response To USCIS' Request For Evidence Was Received

On October 17, 2014, we received your response to our Request for Evidence for your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number MSC14916xxxxx. Our National Benefits Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. You should receive a decision or case update by December 16, 2014, unless fingerprinting or an interview are needed. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

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Think of the RFE in this way.

1) You didn't send a tax return so we won't even look at anything else you sent. Therefore you do not qualify in our eyes.

2) Because you don't qualify, you need a joint sponsor.

If you fix #1, then #2 does not apply.

I think getting two letters was just an error on their part. The second one you got is the way they normally are written. Maybe somebody noticed the first wasn't filled out correctly. Seems like you have solved your RFE by sending the transcript.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: AOS (pnd) Country: Belgium
Timeline

Think of the RFE in this way.

1) You didn't send a tax return so we won't even look at anything else you sent. Therefore you do not qualify in our eyes.

2) Because you don't qualify, you need a joint sponsor.

If you fix #1, then #2 does not apply.

I think getting two letters was just an error on their part. The second one you got is the way they normally are written. Maybe somebody noticed the first wasn't filled out correctly. Seems like you have solved your RFE by sending the transcript.

Wow!! This is so much more informative than going trough those useless phone calls to the uscis office. All answers we get there is from people just reading of some general information on their screen in a call center. THANK YOU very very much visa journey community!!

So does it mean that because of the message that they move forward we can assume we are safe?

Also I don't think we did send any information about her current income. Like the letter of employment, dates of employment, nature of the job, ... . I know we did for the K1 application but AOS is another application so we are not sure what to do about that.

The RFE really made us feel less confident about our case, but this message board is really awesome.

Thanks again!!

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Filed: Country: Mexico
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Since the qualifying income must be shown on the most recent tax documents, I am not sure it is necessary to include the extra proof of current income when using the I-864EZ. Of course you can, and they can also always request it from you if they want to, but since the tax return shows you meet the requirement, then it is probably all they need.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: AOS (pnd) Country: Belgium
Timeline

Since the qualifying income must be shown on the most recent tax documents, I am not sure it is necessary to include the extra proof of current income when using the I-864EZ. Of course you can, and they can also always request it from you if they want to, but since the tax return shows you meet the requirement, then it is probably all they need.

Thank you,

We will keep you updated!!

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Filed: AOS (pnd) Country: Belgium
Timeline

Since the qualifying income must be shown on the most recent tax documents, I am not sure it is necessary to include the extra proof of current income when using the I-864EZ. Of course you can, and they can also always request it from you if they want to, but since the tax return shows you meet the requirement, then it is probably all they need.

Thank you,

We will keep you updated!!

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Filed: AOS (pnd) Country: Belgium
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Thank you,

We will keep you updated!!

actually one more thing :)

Should we see the second RFE as an invitation to actually send the extra stuff or just disregard and wait?

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Filed: Country: Mexico
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actually one more thing :)

Should we see the second RFE as an invitation to actually send the extra stuff or just disregard and wait?

You could do that, as it would be matched up to your file that way. Even if you don't, I would still suggest calling and asking to speak to a tier 2 officer to ask about the second RFE they sent. Make sure you do not have a pending RFE showing for your case. Make sure to ask for a tier 2 immigration officer though. The people that answer the phones read from scripts and have no access to your case file.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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