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Questions regarding I-485 as petitioner

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  • Questions regarding I-485 as petitioner

    I filed an I-864 recently as the petitioner for my spouse. I received a Request for Initial Evidence indicating the need for proof of income, since I was not required to file taxes in the most recent tax year and, as such, do not have a tax return for said year.

    I got a new job last week, in the same field. I am getting employment verification letters from both the employer I just left as well as my new employer. Do I need to re-submit the I-864 to add my new employer, or can I just include a letter indicating that I've changed jobs, and include all the relevant information in that?

    Thanks in advance for your time!

    Ed
    Last edited by mt2011; 10-22-2014, 12:20 PM.

  • #2
    You need to respond to the RFE with a statement, signed and dated, explaining why you were not required to file a 2013 income tax return.

    A recent job change and lack of income in 2013 both combine to warrant a co-sponsor to be sent with your RFE response.

    --Ray B

    Originally posted by mt2011 View Post
    I filed an I-485 recently as the petitioner for my spouse. I received a Request for Initial Evidence indicating the need for proof of income, since I was not required to file taxes in the most recent tax year and, as such, do not have a tax return for said year.

    I got a new job last week, in the same field. I am getting employment verification letters from both the employer I just left as well as my new employer. Do I need to re-submit the I-485 to add my new employer, or can I just include a letter indicating that I've changed jobs, and include all the relevant information in that?

    Thanks in advance for your time!

    Ed

    Comment


    • #3
      Thanks for your advice. Is it necessary to re-file the affidavit of support with my updated employment information, or is a letter of explanation from me as well as a verification of employment letter from my employer sufficient?

      Comment


      • #4
        You have to respond SPECIFICALLY to the request made in the RFE to you.

        If the RFE asked for your tax return, then respond with a statement explaining why you were not required to file an income tax return.
        If the RFE asked for income proof, then respond with a recent employment verification letter and a few recent paystubs.

        But given your lack of a 2013 tax return and a recent employment change, you should add, in addition to the above, a co-sponsor I-864, 2013 tax return, W2 copies, his proof of U.S. residency or citizenship status.

        --Ray B

        Originally posted by mt2011 View Post
        Thanks for your advice. Is it necessary to re-file the affidavit of support with my updated employment information, or is a letter of explanation from me as well as a verification of employment letter from my employer sufficient?

        Comment

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