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  • Request for initial evidence (i-485)...please advise

    Recently I applied for Adjustment of status through marriage along with supporting documents. Today, I have received a request for intial evidence. I understand I only have one shot at this and I really appreciate if you guidiance in the right path. The yellow document requests the following.

    1. "Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the IRS for the most recent year." I have submitted the Tax return for last year (2016) but without (W-2s, 1099s, Form 2555). My wife is self-employed and show owns a small bussiness, she doesn't have W-2s or Form 2555, instead can I just send 1099 WITH TAX RETURN FOR LAST YEAR? or I should download the tax transcript from the IRS website?

    2. USCIS states that my wife's income did not meet 125% but the truth is her income on line 22 of her tax return for 2016 (which is her personal income plus bussiness profit) exceeds way over 125%. Why? Does USCIS overlooked the bussiness income and only considered personal income? Still line 22 is a AGI for both!

  • #2
    Imgx,

    If you wife received any 1099-MISC forms for non-employee income, send such forms and any other proof of her income sources, as well as about 6 months of bank statements showing montly deposits.

    Also include proof of her business entity, such as contracts, permits, licenses, etc.

    Include a narrative explanation for her income source, listing specific amounts and types of income.

    An IRS transcript could be substituted for her Federal income tax return copy, but expect the transcript along to completely satisfy the request.

    --Ray B

    Originally posted by ImgX View Post
    Recently I applied for Adjustment of status through marriage along with supporting documents. Today, I have received a request for intial evidence. I understand I only have one shot at this and I really appreciate if you guidiance in the right path. The yellow document requests the following.

    1. "Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the IRS for the most recent year." I have submitted the Tax return for last year (2016) but without (W-2s, 1099s, Form 2555). My wife is self-employed and show owns a small bussiness, she doesn't have W-2s or Form 2555, instead can I just send 1099 WITH TAX RETURN FOR LAST YEAR? or I should download the tax transcript from the IRS website?

    2. USCIS states that my wife's income did not meet 125% but the truth is her income on line 22 of her tax return for 2016 (which is her personal income plus bussiness profit) exceeds way over 125%. Why? Does USCIS overlooked the bussiness income and only considered personal income? Still line 22 is a AGI for both!

    Comment


    • #3
      Thanks Ray,

      I am planning to do the following:

      1. SEND A COPY OF 1099-MISC, TAX RETURN (1040E-Z), IRS TAX RETURN TRANSCRIPT ALONG WITH AN EXPLANATION OF HOW THE INCOME BREAKS DOWN AND I WILL REFERE TO LINE 22 AND COMPARE IT WITH POVERTY LINE.

      2. GET A STATEMENT FROM AN OFFICER OF THE BANK, SHOWING AVERAGE DEPOSIT PER MONTH AND CURRENT ACCOUNT BALANCE ALONG WITH THE PAST 12 MONTHS' BANK STATEMENT.

      3. I WILL ALSO ADD A COPY RELEASE OF MORTAGE, COUNTY PROPERTY APPRAISAL, AND PROPERTY TILE JUST TO BE ON THE SAFE SIDE.

      DO YOU THINK THIS WILL SUFFICE? and What kind of explanation should I give on the cover letter to better showcase the evidence?

      Comment


      • #4
        Imgx,

        Send a fresh I-864 with new signature and the following:

        1. I-864
        2. Tax return transacript
        3 1099-MISC copy(ies)
        4. Bank officer statement

        Real estate/mortage documents are overkill and not needed.

        But include a succinct description of what you are sending.

        --Ray B

        Originally posted by ImgX View Post
        Thanks Ray,

        I am planning to do the following:

        1. SEND A COPY OF 1099-MISC, TAX RETURN (1040E-Z), IRS TAX RETURN TRANSCRIPT ALONG WITH AN EXPLANATION OF HOW THE INCOME BREAKS DOWN AND I WILL REFERE TO LINE 22 AND COMPARE IT WITH POVERTY LINE.

        2. GET A STATEMENT FROM AN OFFICER OF THE BANK, SHOWING AVERAGE DEPOSIT PER MONTH AND CURRENT ACCOUNT BALANCE ALONG WITH THE PAST 12 MONTHS' BANK STATEMENT.

        3. I WILL ALSO ADD A COPY RELEASE OF MORTAGE, COUNTY PROPERTY APPRAISAL, AND PROPERTY TILE JUST TO BE ON THE SAFE SIDE.

        DO YOU THINK THIS WILL SUFFICE? and What kind of explanation should I give on the cover letter to better showcase the evidence?

        Comment


        • #5
          Thanks Ray. I haven't received the Tax Return Transcript yet but I do have the rest is available. I have a question regarding the "Bank Officer Statement". It simply states that: "My wife has open and active account with them. She is their client with a combined balance of $XX,ZZZ.00 today and a 12 month average of $XX,ZZZ.00". The letter is signed and notarized. Do you think this is enough? As I look into their request, the would also want to know average deposit per month. Should just attached last statement for that reason?

          Comment


          • #6
            ImgX,

            A couple of recent bank statements, along with the letter, will be fine.

            --Ray B

            Originally posted by ImgX View Post
            Thanks Ray. I haven't received the Tax Return Transcript yet but I do have the rest is available. I have a question regarding the "Bank Officer Statement". It simply states that: "My wife has open and active account with them. She is their client with a combined balance of $XX,ZZZ.00 today and a 12 month average of $XX,ZZZ.00". The letter is signed and notarized. Do you think this is enough? As I look into their request, the would also want to know average deposit per month. Should just attached last statement for that reason?

            Comment

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