Notice of deficiency for I-485 due to old I-485 form. How to respond ?

[Jeremy Alvarez]

We filed premium processing for the I-140 concurrently with the I-485, I-131 and I-765. It seems that the I-140 went thru. However, we received the I-485, I-131, and I-765 back. The reason is because I filed an older version of the I-485 form. We dated all the forms (I-140, I-485, I-131, I-765), letters and checks for April 2, 2018.

Since I need to provide a new I-485 form in the latest version, I would like to know the following:
1)- What date to provide for the signature of the new I-485 ? April 2nd ?
2)- Can we reuse the same checks that we received back ? or do we need to provide new checks and new dates on checks ?
3)- Since the I-131 and I-765 have the correct form, should I resubmit them as-is ?

Thank you,

[mecco]

RE: interview

please I will be grateful to receive informed opinion on my question. I did my wedding in December last year precisely December 22nd, 2017 and my pd date is 12th January , 2018. Currently, I have been scheduled for interview on the 24th of April, 2018 (Baltimore) when I filed it was my wife Tax returns & W-2S for 2016-2014 we used. Recently when she filed her tax returns for 2017 , she did not include me citing the fact that it will be a loss to her, bearing in mind that we started living together in December, 2017. Will the non-inclusion of my name in the tax returns have any adverse effect on the interview.I have sufficient evidence to show cohabitation....... kindly advice and offer constructive opinions. Thank you.

[UScitizenFilingforspouse]

We filed premium processing for the I-140 concurrently with the I-485, I-131 and I-765. It seems that the I-140 went thru. However, we received the I-485, I-131, and I-765 back. The reason is because I filed an older version of the I-485 form. We dated all the forms (I-140, I-485, I-131, I-765), letters and checks for April 2, 2018.

Since I need to provide a new I-485 form in the latest version, I would like to know the following:
1)- What date to provide for the signature of the new I-485 ? April 2nd ?
2)- Can we reuse the same checks that we received back ? or do we need to provide new checks and new dates on checks ?
3)- Since the I-131 and I-765 have the correct form, should I resubmit them as-is ?

Thank you,

1)- What date to provide for the signature of the new I-485 ? April 2nd ?
Whenever you sign the current version of the I-485, use that day's date. Always.

2)- Can we reuse the same checks that we received back ? or do we need to provide new checks and new dates on checks ?
Your bank should honor those checks without a problem. Same for cashier's checks.

3)- Since the I-131 and I-765 have the correct form, should I resubmit them as-is ?
No, I believe both forms were recently updated. It was something minor but I know there was an update. You can double check by looking at two dates:
1. Expiration date on the top right corner
2. edition date on the bottom left corner.

The edition date is listed on the USCIS page for each form. No one looks at it but it's there.

[UScitizenFilingforspouse]

please I will be grateful to receive informed opinion on my question. I did my wedding in December last year precisely December 22nd, 2017 and my pd date is 12th January , 2018. Currently, I have been scheduled for interview on the 24th of April, 2018 (Baltimore) when I filed it was my wife Tax returns & W-2S for 2016-2014 we used. Recently when she filed her tax returns for 2017 , she did not include me citing the fact that it will be a loss to her, bearing in mind that we started living together in December, 2017. Will the non-inclusion of my name in the tax returns have any adverse effect on the interview.I have sufficient evidence to show cohabitation....... kindly advice and offer constructive opinions. Thank you.

It sounds like your wife filed as head of household and the criteria for that is very specific. You need to have lived apart from your spouse for at least 6 months and the home your home must have been your child's primary residence for more than half the year or another dependent for the entire year. You must have paid for more than half the cost of maintaining your household.

Here is my humble opinion on this. USCIS thinks join returns are solid evidence of bona fide marriage. Why? Well, it makes sense because you're each accepting responsibilities for each other's taxes and deductions. While there are always perfectly good reasons to do otherwise, they like to see joint returns. If you deviate from that, expect additional scrutiny. That brings up my next question. Did you front-load your evidence of bona fide marriage or did you submit the minimum necessary for the I-130 to be accepted?
If you submitted the bare minimum, be prepared for what could be a stressful interview. It turns into "what evidence do you have to prove that your marriage is real?" That's when they start asking for tax returns, bills, bank statements. If you didn't send all of that already, then they have not had a chance to get a sense of how intermingled your finances are.
We all know that in reality there are many couples who never commingle their finances. However, USCIS thinks otherwise. So that's what we go by.
I would strongly suggest that you talk with her and do a joint return on Turbo tax or any tax software just to calculate how different her refund would be. If the difference really isn't all that, then you might have an easier time, convincing her that filing a joint return would be advisable. Remember that if they don't ask you for it now, you will have to show it when you file your I-751.
In my case, it benefited me to file a joint return. My spouse did not work and just that, increased my refund. It's worth a shot.
Just a heads up, your field office, Baltimore, MD, shows that it processes 50% of family based AOS cases in 7.5 months and 93% in 21.5 months. So your interview is happening fast. IF you did not send in a lot of evidence, that might be the reason it's happening fast. JUST SAYING... Been there.

All the best.

[emilgonter]

1)- What date to provide for the signature of the new I-485 ? April 2nd ?
Whenever you sign the current version of the I-485, use that day's date. Always.

2)- Can we reuse the same checks that we received back ? or do we need to provide new checks and new dates on checks ?
Your bank should honor those checks without a problem. Same for cashier's checks.

3)- Since the I-131 and I-765 have the correct form, should I resubmit them as-is ?
No, I believe both forms were recently updated. It was something minor but I know there was an update. You can double check by looking at two dates:
1. Expiration date on the top right corner
2. edition date on the bottom left corner.

The edition date is listed on the USCIS page for each form. No one looks at it but it's there.

We got a similar letter "Notice of Deficiency". They send Supplement J only. Letter reads:
"Dear Petitioner/Applicant:
We require all applicable information to accurately locate and respond about your case. Please provide us with the following information:
...
X G) Effective March 06, 2018, Forms I-485, I-485A, and I-485J received at the Texas Service Center must show an edition date of December 13, 2017. Previous editions are no longer acceptable. Please visit the following website to obtain a current version of the form "www.uscis.gov/forms".
...
"

They also added our Supplement J with some edits but did not send I-485 form back. My question is:
1) How to respond this? (Simply fill the updated Supplement-J form and send it to Texas Service Center? Is a cover letter necessary? I hope they can match this new document with our original application.)
2) Should I only sent Supplement J or should I also add updated I-485 as well?

Biometrics appointment is scheduled for next week. Any guidance will be appreciated.

[UScitizenFilingforspouse]

We got a similar letter "Notice of Deficiency". They send Supplement J only. Letter reads:
"Dear Petitioner/Applicant:
We require all applicable information to accurately locate and respond about your case. Please provide us with the following information:
...
X G) Effective March 06, 2018, Forms I-485, I-485A, and I-485J received at the Texas Service Center must show an edition date of December 13, 2017. Previous editions are no longer acceptable. Please visit the following website to obtain a current version of the form "www.uscis.gov/forms".
...
"

They also added our Supplement J with some edits but did not send I-485 form back. My question is:
1) How to respond this? (Simply fill the updated Supplement-J form and send it to Texas Service Center? Is a cover letter necessary? I hope they can match this new document with our original application.)
2) Should I only sent Supplement J or should I also add updated I-485 as well?

Biometrics appointment is scheduled for next week. Any guidance will be appreciated.

The update to I-485, I-485A & I-485J was announced on 01/03/18. https://www.uscis.gov/forms-updates What does the letter state after "Please provide us with the following information:" It seems like that would be important.

Here is a link to form filing tips. https://www.uscis.gov/forms-filing-tips They want the notice on top and "Mark the envelope and the cover letter with the nature of the submission. For example, Original Submission, Brief for an Appeal, or Response to Request for Additional Information." I'd say "Response to Notice of deficiency"

Did you make copies of what you sent? Did you save the pdf docs on your computer? You could look at the edition date of the I-485 you sent. It's at the bottom of the page, left corner.

[emilgonter]

The update to I-485, I-485A & I-485J was announced on 01/03/18. https://www.uscis.gov/forms-updates What does the letter state after "Please provide us with the following information:" It seems like that would be important.

Here is a link to form filing tips. https://www.uscis.gov/forms-filing-tips They want the notice on top and "Mark the envelope and the cover letter with the nature of the submission. For example, Original Submission, Brief for an Appeal, or Response to Request for Additional Information." I'd say "Response to Notice of deficiency"

Did you make copies of what you sent? Did you save the pdf docs on your computer? You could look at the edition date of the I-485 you sent. It's at the bottom of the page, left corner.

The letter looks like a generic one:
"Dear Petitioner/Applicant:
We require all applicable information to accurately locate and respond about your case. Please provide us with the following information:
___ A) Type of petition/application _____ Date Field: ________
___ B) Receipt Number: _____________and/or A-Number:_____
___ C) Petitioner's Name: _________ Beneficiary's Name:______
___ D) Date of Birth: _____
___ E) We are unable to respond to your request with the information provided. Please contact your local immigration field office for further assistance.
___ F) We cannot process your request for forms. Please contact your nearest immigration field office, or .....
_X_ G) Effective March 06, 2018, Forms I-485, I-485A, and I-485J received at the Texas Service Center must show an edition date of December 13, 2017. Previous editions are no longer acceptable. Please visit the following website to obtain a current version of the form "www.uscis.gov/forms".
___ H) Your petition/application is incomplete. Page(s) _____ is/are missing.
___ I) Your petition/application is incomplete. Answers are required on page(s) _____.
___ J) Your petition/application is incomplete. An original signature is required on Page___.
___ K) Other ____
Sincerely,
Director
"
There is a mark only on G.

Since only G is marked and they sent back Supplement J, I assume they want that back filled. And yes, I checked the pdf's of the forms that I filled they are older versions. So, I'm undecided whether to wait for another letter for I-485 main form or simply respond this with updated Supplement-J form.

Thanks for the response.