jay70599

think about this -

a job started last week, with an annual salary of 33,000,

does not mean she is gonna earn 33,000 in 2015 at all.

you wrote:

However, she cannot locate her W-2s, Form 1040s, or her 1099s.

I take that to mean that they existed once upon a time. Since the IRS knows of them, then all stuff is gettable via an IRS Tax Transcript, but you seem to be telling me she not file. Which is it ? She file? She not file?

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as to the rest, please study the instructions inside of the I-864 form.

It's last month, not last week, but same thing in this situation.

Yes. She had W-2s at least. But she did not file her income tax returns as she earned very little money.

there are 2 things to show for income:

1. prior tax year data and

2. current annual income for 2015

your petitioner not have a job in 2014? recent job acquisition?

Suggest to seek a co-sponsor, joint sponsor, instead.

re: prior years tax documents - if'n she actually filed, then the IRS can generate tax transcripts - can order them online at the IRS website, they will be sent out via postal mail, arrive 5 to 10 days later after clicking the button.

She earned less than $100 in 2012, 2013, and 2014. We were both in college during these years, like I said. Therefore she did not file taxes for these years as she was not required to. And yes, it is a recent job acquisition as we both just graduated from college in June.

So you are suggesting that prior tax year data will be counted into determining whether we are above the 125% of poverty guideline? Since her annual salary now is above $33,000, would that not be sufficient already?

If not, and I need a joint sponsor, what should the joint sponsor's annual salary be? I know for assets there's that three times the difference of something. Is there a similar rule for joint sponsorship?

I received an RFE today for my I-485. Well, it's actually I-864, but they put I-485 anyway. And I am very confused.

Here is what they want:

1. Submit all supporting tax documentation (W-2, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

The petitioner/sponsor must submit all supporting documents for the most recent tax year.

2. Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size.

Submit evidence of assets... (and further instructions of assets or joint sponsor)

I am confused because first, for #2, the 125% of the poverty guideline for my family, which is a 2-people household, is only slightly above $20,000. And on the I-864, my spouse (the American citizen)'s income, filled in #5 of Part 6 of I-864, is slightly over #33,000. The same amount is filled in #10 of Part 6, as I currently do not have a job. This would mean that our income is way over the 125% of the poverty guideline. Why would they still say that we did not meet the guideline?

For #1, the situation is this: my spouse and I went to the same college and graduated two months ago. During our college years, my spouse was not working because she was on a full scholarship that did not allow her to have student employment. The only income she earned was from her school breaks. Therefore she did not file any taxes for 2012, 2013, or 2014. So on I-864 she did not check #13 in Part 6, and wrote nothing in #13a, #13b, and #13c, as she did not file any taxes. Her income from her school breaks meant that she had some, very minimal, income (less than $100 in a year). However, she cannot locate her W-2s, Form 1040s, or her 1099s. In the Instructions for I-864, Part 4, #7, it says: "If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation." We did that. We wrote a thorough explanation. But USCIS is still asking for our recent years tax documents. What should we do in this situation? Since she cannot locate her previous years' tax documents, what is the best thing we can do at this moment?

I appreciate any help I can get. Thank you!

The only way to find out will be when you get the RFE. I doubt it's about the EAD though, most probably your I-485 as USCIS is known to correct minor errors sometimes. Don't send anything else at this point that's just going to create a mess. Wait if they send you an RFE regarding the EAD. Chances are it will come corrected since current EAD is barely 2 months old with a length validity still left in it.

Got it. Thank you!

Is it an RFE for the I-765? I'd wait to see what that was for first before taking further action.

I have not received it yet, but I think it is for the I-485. Still the lawyer said it could be about the I-765 wrong selection.

They probably fixed the issue themselves, but the only way to know for sure will be when the EAD arrives. The new alien number is a good sign, though.

An experienced immigration lawyer told me to file an amended one anyway. Do you think I should do so? An Request for Initial Evidence is being mailed to me.

ok - chinese congregation mode, to ask for advice?

Mostly, that doesn't work and it's a waste of time. Sure, it's a transfer of guanxi, but that's never the point.

Sorry.

and 'free advice' there isn't all that accurate, mostly. [again, sorry]

I am not sure what you are trying to suggest in your response, but it seems like you are assuming something about me.

I think it is normal to not reveal information about my friends. They are just friends who go to the same college as I do who happen to know something about immigration. And fyi, most of them are Latin@s, so your "Chinese congregation mode" comment does not really make sense to me.

"Free advice" may not be accurate, but you can say the same thing about this forum. And the truth is, both my friends and people on this forum, including you, have given some good advice. I personally will not negate anything at this point.

You don't need to notify USCIS of anything.

If you actually receive your new EAD and it has the category code C-9 with a year of validity then everything is as it should be.

Thank you again for your response.

Yes. My receipt for my new I-765 has a new alien registration number on it. So I don't need to do an amended I-765 in my case, right?

Your F-1 OPT status will remain valid until you exercise any benefits associated with your I-485 application, which would include:

- travelling overseas and then returning using your AP.

- beginning employment using your new EAD with the C-9 category.

As stated, it was a mistake to check the "Renewal" box for your new I-765 since this is a new application under a new category. USCIS may have corrected your error themselves, or it may have unforeseen consequences down the line.

Thank you for your response.

Should I notify USCIS about my new employment status if I get a job since I recall I-485 asking for employment information? I wrote none since I did not have a job back then.

I now realize that selecting "renewal" was a mistake for my new I-765. As mentioned in my last response, I have already received a notice for I-765 under a new alien registration number. Does that mean that the wrong option did not have any negative consequences?

Thank you again!

'renewal' option is wrong,

as is 2 different basis for holding an EAD.

sorry.

as to current opt period - it is not negated until the green card is in hand, or until current EAD card expires - which ever comes first. Filing for adjustment of status means nothing for you maintaining your _CURRENT_ visa status, but if you experience an overstay period, it is automagically forgiven when the green card is in your hand.

I'm sorry, it seems you have had some bad advice - please tell us the source of it?

Thanks for the response.

I saw some other websites say that "renewal" is wrong as well. But I have already received a notice for I-765 under a new alien registration number. Does that mean that the wrong option did not have any negative consequences?

I am not sure if I am getting the statement "Filing for adjustment of status means nothing for you maintaining your _CURRENT_ visa status." Can you explain it some more? It seems to suggest that my current OPT status will nullify my green card application.

So according to your response, I am still allowed to look for a job under OPT regulations? Even if I have a different alien registration number?

I cannot reveal my source other than personal friends who have got their green cards or who worked in immigration agencies.

Thank you.

In addition, USCIS changed my alien registration number after receiving my I-130, I-485, and I-765. So now I have a different alien registration number than the one I have under OPT.