Received Letter I-485: Request for Initial Evidence

[xulakolof 0]

We field I-864, I-485 among others to file for AOS and I received a letter today stating that insufficient proof of income was determined based on what we submitted.  I (the sponsor) had only supplied my last year's tax return and current month bank statement.  They're asking for:

 

- All supporting tax documents (W-2s, 1099s, etc.) for the most recent year.  The petitioner/sponsor must submit all supporting tax documents for the recent year. 

- Based on documents submitted with Form I-864 the income did not meet the poverty guideline.  Submit evidence of assets that meet the standards below (etc...)

 

They also talk about how I used line 1 of my IRS Schedule C instead of line 22 for total income.  I assume I need to amend I-864 and resubmit?

 

- The petitioner/sponsor lists their current income as an amount to be considered sufficient, however no evidence has been submitted as proof.  Such evidence should include:

   - pay stubs for previous 6 months

   - evidence of other income including dividends, etc...

  - Letter of employment, etc..

 

The questions I have are:

 

1. Should we fix I-864 to use line 22 for total income based on my tax return?

2. I will get my letter of employment, pay stubs, bank statements, all brokerage account statements, etc.. which i will submit

3. Since I'm the sponsor with the income (she can't work), what evidence should she submit?  My assets and income meet the guidelines, I think I just didn't support enough evidence which is why they are asking for more info?

4. I assume I will need to enclose my tax return again (even though they already have it?)

 

I want to make sure I submit this properly so there aren't further correspondences of this nature.  Please let me know if the above should be sufficient or if there are other things I should do?

 

Thanks

 

Edited September 11, 2018 by xulakolof

[DavideT 10]

Can't answer for n1, but about n3, I personally being the alien had to submit nothing, just my husband's documentation and our sponsor (since he didnt make enough like 2 years ago ._. ). And most likely enclosing your tax return again and every possible document its the best course of action, no reason to risk if you can avoid that.

[VNN 147]

On 9/11/2018 at 7:34 PM, xulakolof said:

 

1. Should we fix I-864 to use line 22 for total income based on my tax return?

2. I will get my letter of employment, pay stubs, bank statements, all brokerage account statements, etc.. which i will submit

3. Since I'm the sponsor with the income (she can't work), what evidence should she submit?  My assets and income meet the guidelines, I think I just didn't support enough evidence which is why they are asking for more info?

4. I assume I will need to enclose my tax return again (even though they already have it?)

 

 

Someone has better knowledge may help you out but I provide some answers anyway,

1. You must use adjusted gross income report on line 37 of 1040, schedule C is attached to your return, when it is standard alone, it does not carry much meaning.

2. These are good documents to support your current income

3. She does not need to submit anything and she does not have anything to submit anyway. 

   You should know your financial situation and with some reading you should be able to determine if you are okay without disclosing too much info.

4. Yes but get the tax transcript. You can use 1099 + 1040 but tax transcript is simpler or "more" official.

 

 

 

[USC4SPOUSE 506]

On 9/11/2018 at 6:34 PM, xulakolof said:

We field I-864, I-485 among others to file for AOS and I received a letter today stating that insufficient proof of income was determined based on what we submitted.  I (the sponsor) had only supplied my last year's tax return and current month bank statement.  They're asking for:

 

- All supporting tax documents (W-2s, 1099s, etc.) for the most recent year.  The petitioner/sponsor must submit all supporting tax documents for the recent year. 

- Based on documents submitted with Form I-864 the income did not meet the poverty guideline.  Submit evidence of assets that meet the standards below (etc...)

 

They also talk about how I used line 1 of my IRS Schedule C instead of line 22 for total income.  I assume I need to amend I-864 and resubmit?

 

- The petitioner/sponsor lists their current income as an amount to be considered sufficient, however no evidence has been submitted as proof.  Such evidence should include:

   - pay stubs for previous 6 months

   - evidence of other income including dividends, etc...

  - Letter of employment, etc..

 

The questions I have are:

 

1. Should we fix I-864 to use line 22 for total income based on my tax return?

2. I will get my letter of employment, pay stubs, bank statements, all brokerage account statements, etc.. which i will submit

3. Since I'm the sponsor with the income (she can't work), what evidence should she submit?  My assets and income meet the guidelines, I think I just didn't support enough evidence which is why they are asking for more info?

4. I assume I will need to enclose my tax return again (even though they already have it?)

 

I want to make sure I submit this properly so there aren't further correspondences of this nature.  Please let me know if the above should be sufficient or if there are other things I should do?

 

Thanks

 

Read the instructions. Everyone should always read the instructions. It's line 22 - total income.