Request for Initial Evidence (I-485) Questions

[a7choi 2]

Hello,

 

I (petitioner) received a request for initial evidence for my wife's I-485 application, stating that I "must submit a complete Federal income tax return submitted to the IRS for the most recent tax year." So, I printed out and submitted copies of my 2016 and 2017 1040 tax return forms, W-2 forms, a copy of my most recent bank statement, a copy of my original I-864, and even my company business card (to hopefully validate my income and employment lol?) via FedEx overnight delivery. The status update page on the USCIS site updated our case and shows that they've received our documents last Friday.

 

I have a few questions regarding my situation, and any help would be greatly appreciated!

1) We included applications for my wife's EAD (I-765) and Travel Document (I-131) in our initial I-485 application. Will this RFE affect when her EAD and Travel Document are approved and released? Only the receipt number for our I-485 application is referenced on the RFE, not the receipt numbers for the EAD or Travel Document.

2) Normally how much longer after USCIS receives our RFE documents does it take to hear back or get anything approved?

3) My income is around $70k. Is this sufficient to for USCIS to proceed with my wife's I-485 application?

4) I see people talk about the the request for evidence (RFE), but our notice states "Request for Initial Evidence." Is the "initial" irrelevant or is there a difference between RFE and RFIE?

 

This whole process has been so frustrating, so I would really appreciate any help at all... We originally submitted our applications in mid March 2018, and we initially thought we'd eat least get her EAD and Travel Document within a few months. I'm the only one making any money in the household, so financially, it's been a struggle to pay for all our expenses, and my wife's been really down lately because of all the delays. Apologies for the lengthy read, and thanks again for your guys' help!

 

Thanks!

[Chocobo 196]

7 minutes ago, a7choi said:

 

3) My income is around $70k. Is this sufficient to for USCIS to proceed with my wife's I-485 application?

That should be more than fine.

[a7choi 2]

24 minutes ago, Chocobo said:

That should be more than fine.

Many thanks for you reply! I've seen lots of discussion regarding RFE and insufficient income, so I just wanted to make sure my income is sufficient.

Edited September 12, 2018 by a7choi

[EandH0904 1,184]

I agree your income should be enough - the only thing I can suggest is if you would have included tax transcripts (available on the IRS website if you make an account) instead of just the papers. While I know you are not lying, it could be misconstrued that those are just papers you filed out and hypothetically you could have not actually FILED the taxes wherein the tax transcripts are proof of having paid them. 

 

After we submitted our papers for RFE it was 2 weeks and we got our approval. 

 

(Your profile says K1 but you say your wife? Is this AOS?)

[geowrian 22,336]

1 hour ago, a7choi said:

1) We included applications for my wife's EAD (I-765) and Travel Document (I-131) in our initial I-485 application. Will this RFE affect when her EAD and Travel Document are approved and released? Only the receipt number for our I-485 application is referenced on the RFE, not the receipt numbers for the EAD or Travel Document.

An RFE or RFIE pauses processing of any dependent applications such as the I-131 and I-765.

 

Quote

2) Normally how much longer after USCIS receives our RFE documents does it take to hear back or get anything approved?

Generally, the I-131 and I-765 are adjudicated in about 4-6 months now. Subtract the time from RFE issued to response received.

 

Quote

3) My income is around $70k. Is this sufficient to for USCIS to proceed with my wife's I-485 application?

Depends on your household size and totality of the circumstances, but it very likely is fine.

 

Quote

4) I see people talk about the the request for evidence (RFE), but our notice states "Request for Initial Evidence." Is the "initial" irrelevant or is there a difference between RFE and RFIE?

An RFE is issued for anything missing from the packet.

An RFIE is issued during the initial review of required documentation, such as the I-864.

The process for AOS is Lockbox -> NBC -> local USCIS field office. They check very basic required documentation at the lockbox before accepting the submission. Then NBC processing checks a few other required items, and adjudicates the I-131 + I-765. The local USCIS field office then receives the application once an available interview slot opens up. They conduct the interview and review the entire I-485 application.

 

Policy is that an RFE pauses the timeline for adjudicating the I-131 and I-765, whereas an RFIE resets the timer. However, I have not seen a practical difference between timelines for this.....just timelines for when USCIS considers an application outside normal timeframes.

Edited September 12, 2018 by geowrian

[ImmiGeek 59]

1 hour ago, a7choi said:

So, I printed out and submitted copies of my 2016 and 2017 1040 tax return forms

Actually you should get the tax transcripts from IRS site and submit them, not the one which you have printed and sent to IRS. Check on IRS site how to get Tax Transcripts

[a7choi 2]

1 hour ago, EandH0904 said:

I agree your income should be enough - the only thing I can suggest is if you would have included tax transcripts (available on the IRS website if you make an account) instead of just the papers. While I know you are not lying, it could be misconstrued that those are just papers you filed out and hypothetically you could have not actually FILED the taxes wherein the tax transcripts are proof of having paid them. 

 

After we submitted our papers for RFE it was 2 weeks and we got our approval. 

 

(Your profile says K1 but you say your wife? Is this AOS?)

 

Thanks much for your input! I'm new to the forums and I just made my account, so I guess it should be AOS. My wife got in through a K1 and we filed our AOS applications back in March 2018.

 

Is it absolutely necessary to pull documents from the IRS website? I'm kind of worried now... This whole process has been a mess... I've also always thought since the USCIS is a government agency, why can't they just confirm my numbers with the IRS with my SSN or something...

 

2 weeks sounds amazing! I'm assuming you probably fulfilled your application years ago..?

[a7choi 2]

1 hour ago, geowrian said:

An RFE or RFIE pauses processing of any dependent applications such as the I-131 and I-765.

 

Generally, the I-131 and I-765 are adjudicated in about 4-6 months now. Subtract the time from RFE issued to response received.

 

Depends on your household size and totality of the circumstances, but it very likely is fine.

 

An RFE is issued for anything missing from the packet.

An RFIE is issued during the initial review of required documentation, such as the I-864.

The process for AOS is Lockbox -> NBC -> local USCIS field office. They check very basic required documentation at the lockbox before accepting the submission. Then NBC processing checks a few other required items, and adjudicates the I-131 + I-765. The local USCIS field office then receives the application once an available interview slot opens up. They conduct the interview and review the entire I-485 application.

 

Policy is that an RFE pauses the timeline for adjudicating the I-131 and I-765, whereas an RFIE resets the timer. However, I have not seen a practical difference between timelines for this.....just timelines for when USCIS considers an application outside normal timeframes.

Thanks a lot for your reply. So, it's safe to say I'd have to wait another 4 - 6 months? That's a long time... I really hope we hear back much sooner.

I know the USCIS has been very slow, especially this year, but did they really take 6 months to determine that I missed my federal tax income returns?

That's an awful lot of time to take before sending an RFIE..

 

Also, I've read mixed things about timelines regarding RFE vs RFIE... I've heard, like you said, there isn't really a difference in the waits.. Is it stated anywhere on the USCIS site that the RFIE resets the timer?

 

Thanks again for your help.

[EandH0904 1,184]

4 minutes ago, a7choi said:

 

Thanks much for your input! I'm new to the forums and I just made my account, so I guess it should be AOS. My wife got in through a K1 and we filed our AOS applications back in March 2018.

 

Is it absolutely necessary to pull documents from the IRS website? I'm kind of worried now... This whole process has been a mess... I've also always thought since the USCIS is a government agency, why can't they just confirm my numbers with the IRS with my SSN or something...

 

2 weeks sounds amazing! I'm assuming you probably fulfilled your application years ago..?

I don't adjudicate files so I can't tell you what is necessary or not. I am still going through the (long!) process after my now-husband was not given a K1 visa so I have been studying USCIS trends, policies, etc for about 2 years and I have seen people talk about the tax process many times. 

While the tax transcripts would be the gold standard, if you have already submitted your evidence, try not to worry about it. If they want something else they will ask you for it. 

[a7choi 2]

1 hour ago, Target2020ForN400 said:

Actually you should get the tax transcripts from IRS site and submit them, not the one which you have printed and sent to IRS. Check on IRS site how to get Tax Transcripts

Thanks a lot for your input. Is it absolutely necessary and required to send tax transcripts provided from the IRS site?

I only sent copies of my 1040 tax returns, and I'm really hoping these copies suffice as I absolutely can't have another bump in the road in this process.

 

The RFIE did ask for my tax return submitted to the IRS, so I'm hoping we're good here.

[a7choi 2]

1 minute ago, EandH0904 said:

I don't adjudicate files so I can't tell you what is necessary or not. I am still going through the (long!) process after my now-husband was not given a K1 visa so I have been studying USCIS trends, policies, etc for about 2 years and I have seen people talk about the tax process many times. 

While the tax transcripts would be the gold standard, if you have already submitted your evidence, try not to worry about it. If they want something else they will ask you for it. 

Ahh I see.. well thanks much for your help today. 2 years seems like an awful lot of time. I really wish the USCIS was more competent and quick with their processes...

Thanks again so much for all your help. I'm getting kind of worried, so I may pull documents from the IRS site and submit them to the USCIS, though I'm not sure if that's really ideal at this point.

 

Good luck with everything! Hopefully, your case gets resolved soon.

[ImmiGeek 59]

I guess you dont need to worry for now.

If I am you, I will secure the actual transcripts from IRS (its free online) and print them.

May be I will send these as *compliment* to the original RFE response (with reference to the case numbers etc) as a safe side.

Also I will keep another copy ready if they ask for them in any future interaction(may be interview etc) with them. Just to close the loop.

 

But in general, when you need to send any past tax docs, its the transcripts not what you have filed. (think logically: I can produce any tax returns using my tax software and print it right? It doesnt have a value. But if you have a transcript, thats what the IRS has officially had in their records for your tax submission).

Good luck.

Edited September 12, 2018 by Target2020ForN400

[a7choi 2]

5 minutes ago, Target2020ForN400 said:

I guess you dont need to worry for now.

If I am you, I will secure the actual transcripts from IRS (its free online) and print them.

May be I will send these as *compliment* to the original RFE response (with reference to the case numbers etc) as a safe side.

Also I will keep another copy ready if they ask for them in any future interaction(may be interview etc) with them. Just to close the loop.

 

But in general, when you need to send any past tax docs, its the transcripts not what you have filed. (think logically: I can produce any tax returns using my tax software and print it right? It doesnt have a value. But if you have a transcript, thats what the IRS has officially had in their records for your tax submission).

Good luck.

I guess that makes sense.. but I've never been in a situation where I needed to submitted my tax returns, let alone a bunch of government related documents...

 

Do you think it would be okay to send my transcripts from the IRS website to USCIS?

I feel like it might hurt me and delay the process if I bombard them with documents, so I don't know what the best thing to really do is...

[ImmiGeek 59]

2 minutes ago, a7choi said:

Do you think it would be okay to send my transcripts from the IRS website to USCIS?

If so, keep them printed with you. I have told what I might have done. But your point also make sense too.

[a7choi 2]

4 minutes ago, Target2020ForN400 said:

If so, keep them printed with you. I have told what I might have done. But your point also make sense too.

Thanks for your help. I'll go ahead and print out my tax documents from the IRS site and send them in ASAP.