Received a yellow sheet "Request for Initial Evidence (I-485)"

hiydavid

Registered Users (C)
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)
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?
 
For item 1, write a letter expalining what you sent earlier. Also include another copy of wife's EAD card and proof of her OPT status.

For item 2, it applies to you, the sponsor (who filled out I-864). Is the income listed above poverty line limit?

For item 3, if your current annual income is below poverty line but monthly salary is above the limit, include a letter from your employer stating job start date, monthly and/or annual salary. It also helps if you have other assets like bank accounts, deposits, stocks, etc.
 
For item 1, write a letter expalining what you sent earlier. Also include another copy of wife's EAD card and proof of her OPT status.

For item 2, it applies to you, the sponsor (who filled out I-864). Is the income listed above poverty line limit?

For item 3, if your current annual income is below poverty line but monthly salary is above the limit, include a letter from your employer stating job start date, monthly and/or annual salary. It also helps if you have other assets like bank accounts, deposits, stocks, etc.

Item 2: The income I listed for 2011 is below poverty line because I got the job in 09/2011 and having only worked 3 months out of the year of course my income at the time will be below poverty line. But my annual salary is above the line. If this is asking me for Federal tax return for the most recent tax year, is this talking about tax return for 2012? But I haven't even started with tax return yet. plus we submitted the forms and application at the end of 2012.

Item 3: In that case, should i resubmit the form with more evidence like bank asset, investment..etc, or should i just submit evidences without having to do a new form?

Thank you so much for responding. this is driving us crazy!
 
Because I-864 is a legally binding document, send a new version with updated information (including assets, etc.)

Tax return requested is the latest one filed with IRS. Include a written explanation for unavailable tax return for a full year (not filed 2012 taxes yet). Include 2012 pay stubs (last one issued in 2012 that shows full years's pay).
 
Because I-864 is a legally binding document, send a new version with updated information (including assets, etc.)

Tax return requested is the latest one filed with IRS. Include a written explanation for unavailable tax return for a full year (not filed 2012 taxes yet). Include 2012 pay stubs (last one issued in 2012 that shows full years's pay).

Thanks again!

So can you give us an insight as to why my previously provided evidences were not enough? Originally I submitted the latest IRS transcript and i guess this time i have to submit a full tax return copy instead of resending the transcript?
 
Thanks again!

So can you give us an insight as to why my previously provided evidences were not enough? Originally I submitted the latest IRS transcript and i guess this time i have to submit a full tax return copy instead of resending the transcript?

Since you don't have a full year tax return, I don't think it matters if you submit tax return copy or a transcript. It is always wise to include a detailed cover letter if you have a special situation. if you wish you can submit both tax return copy AND the transcript, it won't do you any harm. I think someone reviewing did not connect all the dots in the documentation presented to gain a full understanding of your situation.
 
hey david jus got that same yellow letter u got requesting evidence, im not really understanding it and would like to kno wat u did
 
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