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  • I-485 Request for Evidence problems

    First post from a confused petitioner. I'll provide as much information as I have on hand. Thanks to anyone who can help!

    My wife has been in the US on a student VISA for the past two years. We were married before it expired. We have submitted an I485, an I130, an I131, and an I175. The I131 has been approved (she wants to visit her parents next year). The I130 and I175 are stuck in initial review, assuming because they are waiting to verify the I485.

    We submitted the I485 the first time. I included my W2 forms for 2010, 2011, and 2012 and we filled out the form to the best of our ability. We received a request for more information and when refiling all of the information I noticed that my HR department made a fairly big mistake by sending me the wrong W2. They sent me one that belonged to another employee. I gathered the correct W2 forms for the same three years and we went over the I485 form and called the 800 number to ask a few questions about some questions we were a little fuzzy on. When we received the first request for information letter they stated they could not verify that my income is the correct amount above the poverty line. In 2010 I was making right at 30k, in 2011 and 2012 I was making around 35k. I am now making over 60K and while I do not have a W2 I did include a form from my HR showing my salary history with the company. I assume 30k is enough over the poverty line requirement, which I think the requirement is around 20k.

    My wife, being here on a student VISA, has not been employed at all in her two years here.

    Checked my status today and see that they've sent out another notice for "request of initial evidence". I'm at a loss as to what we may have not included the first time around and am worried that finances are in question again. Are W2s not the correct form that they're asking for? Do I need to provide them with more information? I saw in the packet where it suggests sending in bank transaction histories and the like as well.

    Could anyone offer some information that I may be missing?

    At the moment our option going forward is to wait for the packet, find out what information they are requesting, and then call the 800 number and ask them to send in a request to the National Benefits Center as well as submit an InfoPass request for an appointment.


    ed

    I read over a few other threads here. I saw one thread where the information requested was very specific. However, I'd like to re state that on our request for initial evidence they merely stated that they were unable to prove financial information. However, one thread here a user was requested for very specific financial information beyond merely a W2. I'm hoping that our next request will also be more specific.



    Looking over the information it seems that I485 is the designation for the whole package with various forms included in it. From my perspective, the I485 is the designation for the process as a whole with I864 being an additional form with in the I485 packet. I pulled the copy of the Request for Evidence letter and it specifically states that I need to refile I864 along with a copy of my Complete Federal Tax Income Return for the most recent year, which was 2012 W2 that was incorrect. So I now assume that the Request for Information for I485 that we were notified of today will not necessarily be a request for the same information or an indicator that a problem necessarily exists with the I864 form.

    However, the second page of the ROE states that I did not pass the 125% Poverty Line. I am assuming at the moment this was due to the incomplete information provided the first time we submitted.

    I also only supplied my W2 forms, but after speaking with my HR department, I may also need to supply Federal 1040. Could anyone verify this may be the case?
    Last edited by Sheeeeeeep; 12-11-2013, 05:42 PM.

  • #2
    I-485 Request for Evidence problems

    Hello well I will try and help you out since there a lot of ropes to your description. WhAt they look at as far as income is not so much your total gross income but your adjusted gross income. Which you will find on your tax papers summary. For two people and you are making $35000 what is your total net take home ????

    And yes pls include your complete federal return !!! Nothing throws a red flag like sending an incomplete tax return. Make sure you read the instructions completely as all forms needs are different. Some say N/A in spots where info doesn't apply to your answer and some say leave blank. As far the HR dept giving you the wrong info is wrong but you not double checking it and actually sending is worst.

    When you send the evidence pls send any receipts showing that you are supporting her 100% !!!! It goes a long way in proving your petition. It's all about showing a time line and that you can support your family. Don't go by the strict rule of joint names on bank accounts or bills in both names. Send any pictures you can. When I sent my forms in it went in a shoe box that weighed 3 lbs

    When I did my wife and sons back in august 29 of 2013 I sent everything !!!!!! Any receipts I could find I sent all the way from the prescriptions to doctors and dentist etc etc etc. they were given their permanent residence card in 3.2 months.

    Comment


    • #3
      To pass this RFE sponsorship hurdle, you need to submit the following:

      1. A new I-864, reviewed carefully and signed.
      2. 2012 W2 copies
      3. Complete 2012 Federal tax return copy
      4. Employment verification letter

      --Ray B

      Originally posted by Sheeeeeeep View Post
      First post from a confused petitioner. I'll provide as much information as I have on hand. Thanks to anyone who can help!

      My wife has been in the US on a student VISA for the past two years. We were married before it expired. We have submitted an I485, an I130, an I131, and an I175. The I131 has been approved (she wants to visit her parents next year). The I130 and I175 are stuck in initial review, assuming because they are waiting to verify the I485.

      We submitted the I485 the first time. I included my W2 forms for 2010, 2011, and 2012 and we filled out the form to the best of our ability. We received a request for more information and when refiling all of the information I noticed that my HR department made a fairly big mistake by sending me the wrong W2. They sent me one that belonged to another employee. I gathered the correct W2 forms for the same three years and we went over the I485 form and called the 800 number to ask a few questions about some questions we were a little fuzzy on. When we received the first request for information letter they stated they could not verify that my income is the correct amount above the poverty line. In 2010 I was making right at 30k, in 2011 and 2012 I was making around 35k. I am now making over 60K and while I do not have a W2 I did include a form from my HR showing my salary history with the company. I assume 30k is enough over the poverty line requirement, which I think the requirement is around 20k.

      My wife, being here on a student VISA, has not been employed at all in her two years here.

      Checked my status today and see that they've sent out another notice for "request of initial evidence". I'm at a loss as to what we may have not included the first time around and am worried that finances are in question again. Are W2s not the correct form that they're asking for? Do I need to provide them with more information? I saw in the packet where it suggests sending in bank transaction histories and the like as well.

      Could anyone offer some information that I may be missing?

      At the moment our option going forward is to wait for the packet, find out what information they are requesting, and then call the 800 number and ask them to send in a request to the National Benefits Center as well as submit an InfoPass request for an appointment.


      ed

      I read over a few other threads here. I saw one thread where the information requested was very specific. However, I'd like to re state that on our request for initial evidence they merely stated that they were unable to prove financial information. However, one thread here a user was requested for very specific financial information beyond merely a W2. I'm hoping that our next request will also be more specific.



      Looking over the information it seems that I485 is the designation for the whole package with various forms included in it. From my perspective, the I485 is the designation for the process as a whole with I864 being an additional form with in the I485 packet. I pulled the copy of the Request for Evidence letter and it specifically states that I need to refile I864 along with a copy of my Complete Federal Tax Income Return for the most recent year, which was 2012 W2 that was incorrect. So I now assume that the Request for Information for I485 that we were notified of today will not necessarily be a request for the same information or an indicator that a problem necessarily exists with the I864 form.

      However, the second page of the ROE states that I did not pass the 125% Poverty Line. I am assuming at the moment this was due to the incomplete information provided the first time we submitted.

      I also only supplied my W2 forms, but after speaking with my HR department, I may also need to supply Federal 1040. Could anyone verify this may be the case?

      Comment


      • #4
        TY.

        I did resend a new I864 along with my 2012 1040, the last 12 months pay stubs, the last 12 months of account activity on all three bank accounts, 1040 tax receipts, 401k info, etc. The last RFE I received was the same RFE form but with my name circled and 1040 from 2012 hand written in ink above it.

        Thanks for the replies!

        Comment


        • #5
          I-485 Request for Evidence problems

          Just go online and get the IRS to send you your tax transcripts, it's real easy. Then you don't need your W2

          Comment


          • #6
            My I485 hasn't been kicked back and the RFE I had stated that once we supplied them with the information they wanted (1040) they would start working on my wife's work permit. Well, the work permit card was ordered and will be mailed out within 30 days. No other RFE issues so far. Any idea what we could look forward to next? Possibly an interview?

            Comment

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