Hi,
My wife (intending immigrant) and I (US Citizen) got married last year in Oct. We submitted the I-130, I-485 together back in early December last year. Few weeks ago we received her biometrics appointment, so we thought everything is going well until today.
Today, we received a yellow sheet titled "Request for Initial Evidence (I-485)". It is saying I need 3 things:
1)
In the original filing we've attached my wife's EAD card. She graduated college in May last year and got OPT status that's how she was able to work. She had been working legally. And she got a job with her OPT status within the 90 OPT rule.
2)
Now is this talking about my wife? Or me? In the original filing I submitted my IRS tax transcript for year 2011. Do I have to do the same for 2012 since its 2013 now? Even though I filed the filing in late 2012?
3)
I graduated from college in 2011, and got a job in september of the same year. by the time i married my wife, i had been working for 1 year. i understand why they said my tax return for 2011 was insufficient to poverty guideline, was because i only worked 2.5 months in 2011. However, i did include my bi-weekly paystubs for the past 6 months in the original filing. my current income now well exceeds the poverty guideline.
My wife and I are really stressed by this. I am confused why the evidence i submitted in the original filings weren't enough. Should we hire a lawyer at this point? What should we do now besides resubmitting the "missing" evidences?
My wife (intending immigrant) and I (US Citizen) got married last year in Oct. We submitted the I-130, I-485 together back in early December last year. Few weeks ago we received her biometrics appointment, so we thought everything is going well until today.
Today, we received a yellow sheet titled "Request for Initial Evidence (I-485)". It is saying I need 3 things:
1)
For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the United States. Please submit evidence that the household member on Form I-864, Affidavir of Support, of Form I-864A Contract Between Sponsor and Household Member, was authorized to work in the United States. Example include on e of the following:
- Copy of Form I-95, Arrival/Departure Record showing a non-immigrant classification that allows the intending immigrant/household member to work lawfully in the US.
- Copy of a valid Employment Authorization Document issued by USCIS
- Copy of form I-94, Arrival/Departure record with "Employment Authorized" or similar annotated by port-of-entry personnel
In the original filing we've attached my wife's EAD card. She graduated college in May last year and got OPT status that's how she was able to work. She had been working legally. And she got a job with her OPT status within the 90 OPT rule.
2)
The household member on the petition/sponsor's form I-864, Affidavit of Support, must submit the Federal Income Tac Return submitted to the ITS for the most recent tax year.
Now is this talking about my wife? Or me? In the original filing I submitted my IRS tax transcript for year 2011. Do I have to do the same for 2012 since its 2013 now? Even though I filed the filing in late 2012?
3)
The petitioner/sponsor's household member income on the Federal income tax return does not meet or exceed 125% of poverty guideline. The petitioner/sponsor's household member lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income. Please submit evidence of the petitioner/sponsor's household member current income. such as:
- letter of employment containing:
- dates of employment
- nature of job
- wages or salary earned
- number of hours per week worked
- prospects for future employment and advancement
- pay stubs or other documentation of pay for previous 6 months
- evidence of other income
I graduated from college in 2011, and got a job in september of the same year. by the time i married my wife, i had been working for 1 year. i understand why they said my tax return for 2011 was insufficient to poverty guideline, was because i only worked 2.5 months in 2011. However, i did include my bi-weekly paystubs for the past 6 months in the original filing. my current income now well exceeds the poverty guideline.
My wife and I are really stressed by this. I am confused why the evidence i submitted in the original filings weren't enough. Should we hire a lawyer at this point? What should we do now besides resubmitting the "missing" evidences?