Request for Additional Evidence - How do you deal with it??

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SlowJedi

Registered Users (C)
Just got a RFE for my wife's case, I'm at a loss here, can somebody help?

They are asking for two items here:
(21) I'm self-employed, they want copies of my last year 1040.
I submitted 2004 and 2003 taxes with I-864, and enclosed a copy of the extension for 2005 taxes, which are not due now until October 15. HOWEVER, being a self-employed person, I write a bunch of staff off, so my taxes are not too sexy, even though I still pay taxes every year. I submitted both tax packages for those two years AND my bank statements, showing about $100,000 in assets, which should by itself qualify as a source of support. So the question is, should I have NOT submited taxes at all if I was trying to qualify based on assets??

Can I go back now and do it just based on the bank statements and equity in my real estate holdings?


(24) They are saying that based on the taxes for the previous two years, I haven't met the 125% requirement for the spouse support. And they also want a "letter of employment", which I'm not sure how I can write if based on their own question above, I AM self-employed, so do I write an employment letter for mysefl??

It goes back to the previous question: based on my assets, I'm well qualified to reach and exceed the 125% powerty threashhold, however, it seems that they didn't even look at the bank statements, they just looked at the taxes and are now basing their questions on taxes only. What should I do here?


Finally, the last question: Should I try to do an info-pass appointment and see somebody locally here to go over these issues, or should I put everything together, fedex it to the Lee's Summit, MO office requesting this info, and then pray heavily?? And how much will this delay her interview appointment now?

(By the way, I tried to do an info-pass appointment in San Diego, they are saying that no dates are available at all. Has anybody experiencing the same thing here? Should I just walk in?)

This is for my wife's greencard case, USC marriage.

Thanks for any help!!!
 
Sorry, dont know if you can change from income based to asset based sponsorship, but I would suggest that you call the 800 number and confirm this or keep trying to make an infopass appointment. Also you can just call any immigration lawyer and ask for advise.
 
SlowJedi said:
Just got a RFE for my wife's case, I'm at a loss here, can somebody help?

They are asking for two items here:
(21) I'm self-employed, they want copies of my last year 1040.
I submitted 2004 and 2003 taxes with I-864, and enclosed a copy of the extension for 2005 taxes, which are not due now until October 15. HOWEVER, being a self-person, I write a bunch of staff off, so my taxes are not too sexy
Click to expand...

Sexy taxes? LOL. The USCIS doesn't care how much tax you pay, it's the gross income that counts so your deductions are illerelvant.
 
Then I don't get it completely, I attached a bunch of 1099's from last year (since I haven't finished the entire 1040 yet), which amounted to about 20 times over 125% powerty level, and they still said this wasn't enough??? I didn't know I had to go off gross income, I was going off the line 32 - "Adjusted gross income" on the bottom of page 1, which was still enough to qualify, but not for these guys. Just sounds like my ex-wife - "You never make enough money, yap-yap-yap".
 
I guess if you're sef employed it's a different standard and re-thinking the matter that makes sense. If I gross $100,000 as an employee and deduct from $50,000 I am still making $100,000. But if I gross $100,000 as a small bidness owner and have $50,000 of expenses I am only making $50,000.

But if you say your gross was 20 times over the 125% threshold, unless you have 19 times the amount of expenses, you should still be OK.
 
Thanks for everybody's responses, very helpful!!

I made an InfoPass appt for mid-September. Should I try to resolve it with those guys at Infopass appt, or should I just send everything to the requesting center and see what they say? Do they even pay attention to what the local guys at the Infopass decide?

Thanks
 
SlowJedi said:
Thanks for everybody's responses, very helpful!!

I made an InfoPass appt for mid-September. Should I try to resolve it with those guys at Infopass appt, or should I just send everything to the requesting center and see what they say? Do they even pay attention to what the local guys at the Infopass decide?

Thanks
Click to expand...
I would just send everything requested even if you already sent them with your applications. My guess is, at Infopass you would be told to do the same.
Good luck!
 
If you had submitted what USCIS asked and if you think that the information you provided is sufficient to meet the requirements, then re-submit the same information with a cover letter and explain in detail. I know someone who doesnt work, but had assets enough to qualify. USCIS sent RFE, but an explanation with the bank statements in response worked.
 
ari4u said:
I know someone who doesnt work, but had assets enough to qualify. USCIS sent RFE, but an explanation with the bank statements in response worked.
Click to expand...

You know someone :p ...keep in mind that some people don't need and don't have a paid job, but still do a lot of work for their own pleasure...I know someone, guess who ;)

P.S. And since I've posted here, I'll tell to the OP that he should send a letter with documentation with assets and income and tell the USCIS people to open their eyes and to do their jobs properly...(don't be intimidated by them, you're an USC now!) it works I know someone who've done that ;)
 
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