crystalchen

I received the same letter asking for tax info and employment letter from NBC. I think maybe they just need another copy there. my EAD and AP were on hold while the case was pending and now they are all resumed. So I guess everything was on hold when 485 is

Thank you SO MUCH for your help!! I already submitted all of hers and my husband's 3 yrs tax info to USCIS. I wont include my employment letter then.. you are right!. Also about the economy hurt.... I got it! Thank you very very much, really appreciate it!

As stated above your mother in law needs to submit detailed tax information showing her income, not just a bank statement. Her entire 2008 tax return with all schedules and pages must be included with her I-864 form. Your husband will also complete a separate I-864 with his information.

From the I-864 Instructions: If you checked box 22 B (self-employed), you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss) or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any,that you filed with your Federal tax return.

If you live in the same house with your mother in law then her income can be considered in addition to your husband's and she would complete the I-864a. If not, then her income will have to stand on it's own.

Your future employment letter is not enough. Job offers can be recinded. They are looking for current, verifiable income. Once you are actually working and have a paystub or two then your income can be included along with your husband's to meet the requirement.

The letter referencing the economy hurting the business does not help your argument. I would not include that in a submission.

Your mother in law is not sponsoring your husband, only you. No need to mention supporting the both of you.

thanks! I think I will attach the CDs and her income to do the math again on the letter.

THank you so much for your relpy!

Su

You should explain in explicit detail - about the restaurant business - using $$$ not words like good income - also try to lay out the assets of the business in dollars - again - be specific, use dollars and give more details - like a balance sheet and income statement - use that type of format to give financial information. Intiende? Good Luck

The banking statement was CDs. Her income last year did not meet the requirement because the business didn't go very well. But for the previous years she met the requirement (I sent all three years tax info both hers and my husband's) and they didnt ask for hers tax. just the employment letter. Do you think I should attach the banking statement again? the amount of the CDs meet the requirement to support for 3 years.

Thank you so much for your reply!

Does your Mother in laws income meet the poverty amount needed? (alone)

Make sure you either send all tax information related to the 2008 tax form (all schedules, w-2, 1099's) or better yet, proved an IRS sent tax transcript.

Also, are you sure they were not asking for your Mothers(IL) tax info? Did you send that in addition to the bank statements (I take it for savings?)

All though they look at 5 years of support (their guidelines), they require that your current income meets the poverty level needed, that may be why they want more info.

Go here for more information:

864 FAQ

Hi dear all:

Here is the situation: My husband and his mom has a restaurant. His earning is not enough so we included his mom to be the sponsor.

We provided her banking statement with enough money to support us.

Got RFE several days ago asking for my husband's 08's tax documentation (Although I already provided 3 yrs record) and his mother's employment letter.

I guess they are just asking for some evidence but not suspecting if we need more money to support?

Here is what I am gonna write a letter about (Sorry my English is not good so... any advice is really appreciated!) :

1. Attached is the husband’s 2008’s tax information

2. Attached is the evidence about sponsor owns the business (with last year's business application form and the final approval form because they changed the location of the restaurant) .

3. What his mom will say: I have been owning the busines for 12 years and this is our current restaurant starting from May 2008. Since I am self-employed, the salary depends on the business. Before the declining of the economy, we had been having very good business so I am able to save enough money to sponsor my son and my daughter in law (banking statement was attached with the original package). With this restaurant, I still have a 10-year lease so I am able to continue supporting them. At the same time, my daughter in-law (which is me) also got a position in XX Hospital which belongs to University of XX to work as a nurse starting on Aug 3rd. Her employment letter is also attached with this package. We believe our financial situation is in very good shape to support my son and my daughter-in-law.

Do you think this is sufficient? (his mother's 08's earning is very small because of the economy, but 07 and 06 are very good and those docs were already provided with the original package.

Please help me to take a look and I will send out tomorrow!

Thank you everyone very much!

Su [/font]

I think you are right... My husband didn't send his W-2. only 1040.....

His mom submitted all the tax info she sent to IRS. They didn't ask for her tax though, only her letter of employment and/or pay stub for the last half year. However the business is not as good as couple years ago, so she didn't actually make any money for the past 8 months. She wanted to write a letter explaing this situation. She provided a Certificate of Deposit of enough financial support though///

THank you !

Did you send the W-2's? one thing is the 1040s and another thing the W-2's. I failed to send that one and they sent when an RFE when I first submitted the paperwork, sent it and it was all fixed.

She currently is self employed, ask her what else she submit to the IRS in order to declare her taxes and send all those extra documents.

Hi dear all:

So I received a yellow form today (7 days post mailing date) saying that I need to provide 2 evidence:

1. Petitioner's all supporting tax documentation: I mailed my husband's three years tax return (the whole package, with all the forms in it).I don't know why they still need it.

2. Household member's current income evidence including: letter of employment or pay stubs:

We included his mother to support us. She is self-employed as a restaurant owner. How could she get an employment letter? just write one to herself? Also, she included a Certification of Deposit of far more than the requirement. But they didn't ask for her's tax again. (We mailed her tax as well).

Confused.... Any advice is appreciated!!

thanks

Yansu

Thank you so much! We are so similar! I wrote the wrong check as well... This info really helps! Thank you very much! good luck to us

I also had the same situation happen after my fingerprints. It took about a week to get the 'request for initial evidence letter' then i sent what they needed. They also state they will only resume processing your EAD (not sure about the advance parole) after you submit the needed evidence, and that it will take 90 days.

I was a bit bummed, but just yesterday i got notice that my EAD card has been ordered, nowhere NEAR 90 days! (check my timeline for dates after sending new evidence etc).

Hope that gives you some comfort. But, everyone's case and experience can be different.

Good luck!

Hi all:

I went to fingerprint on 6/5/09 and checked my case online, I485 said they mailed a letter out on June 1st saying that they need initial evidence. I haven't received it yet!!! At the same time, I am wondering if EAD and AP will be processed or on hold?

I really need EAD and AP ASAP.

Thank you all!

Su

I filed my EAD application with the AOS package. Hopefuly I can get it less than 3 months.....

Hey guys... just curious: I am an F-1 student and waiting for my AOS. I saw most K-1 applicants get their EAD and AP 1-2 months after biometrics. that was really fast! I will do my biometrics next Friday, and I have to have that EAD before Sep 1st in order to work. I remembered seeing somewhere saying that if the processing time of AOS is greater than 3 months, they can issue you an EAD to work first? Good luck to us all!

Thanks!

Sue

Did you apply for an EAD when you filed the AOS package? If you did not, you need to so so immediately.

The EAD usually takes less than 3 months from filing.

Make sense... thanks!

I think it seems faster cause they adjust once they're in the country and often don't go for interview but then, they also spend a lot of time in their home country waiting for a visa just to get here..

Hey guys... just curious: I am an F-1 student and waiting for my AOS. I saw most K-1 applicants get their EAD and AP 1-2 months after biometrics. that was really fast! I will do my biometrics next Friday, and I have to have that EAD before Sep 1st in order to work. I remembered seeing somewhere saying that if the processing time of AOS is greater than 3 months, they can issue you an EAD to work first? Good luck to us all!

Thanks!

Sue

Thank you so much for your reply!! I will do it and mail tomorrow morning!!!! good luck to us!

YOU DO NOT NEED TO REPRINT ANY OF THE FORM IF IT WAS RETURNED BECAUSE YOU DID NOT INCLUDE THE CHECK FOR THE I-130.

Just write out 2 new checks 1 for $1010.00 and another for #355.00 attach each check to the correct form $1010.00 to the AOS and $355.00 to the I-130.

Then mail it back to the lockbox.

I see. That makes sense! Thank you so much!

wow... that's gonna be a lot of papers.... So if I re-print all forms again, should I also attach the forms which they initialed on?

THank you so much for your reply!!!

You should print out all these forms again, sign them and attach 2 checks: one- $1010, another one-$355...Make sure forms are not expired...I got rejected for this reason...

I would re-print only first pages where they put initials...

wow... that's gonna be a lot of papers.... So if I re-print all forms again, should I also attach the forms which they initialed on?

THank you so much for your reply!!!

You should print out all these forms again, sign them and attach 2 checks: one- $1010, another one-$355...Make sure forms are not expired...I got rejected for this reason...

I know I will wait for others to reply. but thank you so much!! I suppose I will just return the original package since there are also computerized mark on the right side of each page.

You know, i`m not sure now. I think you should ask a more experienced member. I don`t want to give you a wrong advice. But i`m sure about the fee :-)

You mean to re-print all the forms again? I checked the forms again and I think everything is correct on those forms. There are just a line and an initial on the very right side of each form. Do you think I should print a new package of forms and including these initialed forms?

Thank you so much !!!

Yansu

Just to make things clear, just in case, by re-submitting the package i mean re-print and sign all the applications and include all the additional documentation that they sent back to you and the correct fee and send it

Once again, Good Luck!

Thank you so much!!! I will do it the first thing in the morning!!!!

The correct fee is $1010 for the I-485 packet (includes I-485, I-765, I-131) and $355 for I-130. Just re-submit the whole package with the correct fee (2 separate checks).

Good luck!

by the way, they are nice enough to put all my pictures and supporting documentations in a big envelop. sigh...........

So any ideas? I should pay 1010 puls 355, right? (355 is for I-130)

I am an F-1, married to a US citizen and applied AOS two weeks ago. Today I received rejection because I provided the wrong fee. Below is the detail

I mailed a check for total 1010.00

Here is what the letter said:

I-130: Incorrect fee. It asks me to pay 355.00

I-765: It asks me to pay 340.00 (but said if apply together with 485, no fee need to pay)

I-131: incorrect fee.

I-485: Incorrect fee. Asks me to pay 930.00. AND ADDITIONAL FINGER PRINT FEE 80.00

SO.......I guess I did pay it wrong. I should pay 1010 PLUS 355, right???

On the first page of every form, there is a line at the very right side of each page and one person's initial is there. Should I re-print all the forms or I just need to mail the correct check?? ( I guess separately?)

Does it mean I am rejected?? CAn I still pay the correct fee and being processed????

THANK YOU IF ANYONE HAS ANY IDEAS!!!!!

THANKS

Sue

Still nothing heard yet....

THANK U GUYS SO MUCH!!!!

Maybe I am just panic here... I sent out mine two weeks ago, cash hasn't been cashed and no NOA yet............ I sent out by USPS to lock box Chicago... and they received it for sure. I saw most people got their NOA within 10 days.... Panic Panic....

Sent out mine on April 17th! Good luck to us all!

Su

You will need to prove the relationship between your husband and his mom. Perhaps something notarized (statement of fact) from them stating their relationship?

You will also need the tax transcripts showing the two are not listed (both husband/moms)

Thanks for the reply....... my husband is currently in China now.... I need to find something else to prove it.

btw, what do you mean by "the two are not listed?" I have both of their tax returns, separately. They are both hired under the same company name

Thank you so much everyone!

Question for I-864:

On instruction, it says

If you are using the income of persons in your household or dependents to qualify:

Proof of their residency in your household and relationship to you if they are not the intending immigrantsor are not listed as dependents on your Federal income tax return for the most recent tax year

I have mails proving that my husband (the citizen) and his mom (I-864A) are living in the same address, but I don't have my husband's birth certificate saying that his mom is ~~~. What should I do? any other evidence I can use?

Thank you everyone!

Su