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Sharris

Got a request for initial evidence (AOS)

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Hi,

 

I received a request for initial evidence for my AOS (I-485) package last week. They are asking for:

 

1) All supporting tax information/schedules for the most recent tax year

2) Sponsor on Affidavit of Support must submit a complete federal tax return for the most recent tax year

3) Based on documentation submitted with Affidavit of Support, sponsor does not meet the 125% of poverty guideline requirement.

 

To answer item 1/2 we have ordered a return transcript for 2017 from the IRS. I am not sure how USCIS will see our overall financial situation however because not all of our evidence proves sufficient income.

 

My wife's current annual income is above the 125% requirement for our household size. Her total actual before tax income for 2017 however did not meet the requirement because of unpaid leave that she took after having our baby. Her tax return and W2s from 2017 therefore do not show us as meeting the income requirement. Everything I have read about this though has said that the current income level is what is important, but we also submitted with the original application (May 2018) a letter from her employer confirming current annual income that does meet the requirement, and payslips. So far what i am planning to submit as evidence for item 3 is:

 

- A new current letter from the employer confirming sufficient annual income for 2018

- Last 6 months of 2018 paystubs which will show the income requirement being met

 

Will this new evidence be enough to mitigate the tax documentation from 2017 not showing sufficient income? I feel like I'm just submitting the same evidence again (though up to date) that they have already deemed not to be enough. Is there anything else i can/should include in the response package like a letter explaining the lower income in 2017?

 

Thanks

 

 

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17 minutes ago, Sharris said:

Hi,

 

I received a request for initial evidence for my AOS (I-485) package last week. They are asking for:

 

1) All supporting tax information/schedules for the most recent tax year

2) Sponsor on Affidavit of Support must submit a complete federal tax return for the most recent tax year

3) Based on documentation submitted with Affidavit of Support, sponsor does not meet the 125% of poverty guideline requirement.

 

To answer item 1/2 we have ordered a return transcript for 2017 from the IRS. I am not sure how USCIS will see our overall financial situation however because not all of our evidence proves sufficient income.

 

My wife's current annual income is above the 125% requirement for our household size. Her total actual before tax income for 2017 however did not meet the requirement because of unpaid leave that she took after having our baby. Her tax return and W2s from 2017 therefore do not show us as meeting the income requirement. Everything I have read about this though has said that the current income level is what is important, but we also submitted with the original application (May 2018) a letter from her employer confirming current annual income that does meet the requirement, and payslips. So far what i am planning to submit as evidence for item 3 is:

 

- A new current letter from the employer confirming sufficient annual income for 2018

- Last 6 months of 2018 paystubs which will show the income requirement being met

 

Will this new evidence be enough to mitigate the tax documentation from 2017 not showing sufficient income? I feel like I'm just submitting the same evidence again (though up to date) that they have already deemed not to be enough. Is there anything else i can/should include in the response package like a letter explaining the lower income in 2017?

 

Thanks

 

 

Current income is key.

Because you did not submit Tax forms for the most recent year when it was an absolute requirement to at least submit last year's taxes (dont take me so seriously. I'm making fun of USCIS), is the only reason why they are requesting. Of course they want to see and can make whatever decision they want, but again, current income is key. 

I'm not sure why they would have said you dont meet the poverty lines if you say you submitted your employment letter stating current salary and current paystubs and both were over the 125%. Maybe I'm missing something you said or didnt say?

You did count for the correct number of ppl in your household, right?

3. COULD mean that they wont even consider you to be over the 125% if you haven't followed their rules and shown them the recent tax forms even if they dont matter to proving current income levels meet the 125%.

I dont know but it feels like we're missing something.....

Edited by K1visaHopeful

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7 hours ago, K1visaHopeful said:

3. COULD mean that they wont even consider you to be over the 125% if you haven't followed their rules and shown them the recent tax forms even if they dont matter to proving current income levels meet the 125%.

I dont know but it feels like we're missing something.....

It's this one. 👆If the basic rule is not followed (complete tax return or transcript) then they quit looking at what else was sent and the rest of the RFE will say you don't qualify so get a joint sponsor.

 

OP: Fix the tax return issue (something was missing) and it  typically resolves the rest of their verbiage in the RFE letter.

Edited by Wuozopo

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