Request for Initial Evidence (I-485) regarding I-864

Constanta G

Constanta G

New Member
Good day!
Hope you're all doing well and that somebody can clarify my confusion.
My husband and I have filled the I-130, I-485, I-131, I-1765. I have a joint sponsor for the I-485, my sister in law.
I have received the receipt notices and had my Biometrics appointment on the 28th of December. A week later, I got a "Request for Initial Evidence (I-485) which confuses me. According to the fist part of the letter:

"The joint sponsor lists their current income on Form I-485 as an amount to be considered as sufficient, however, no evidence has been submited as proof of current income. Submit evidence of the joint sponsor's current income, such as letter of employment, pay stubs for the previous 6 month.
Submit all supporting tax documentation ( W2, 1099s, Form 2555, and all supporting tax schedules) submitted to IRS for the most recent years. "

All is clear hear, however, the page 2 of the letter brings up this confusion:

"Based on the documents submitted with Form I-485, Affidavit of Support for the joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain a different joint sponsor."

We sent USCIS some tax return documents (joint sponsor applied for tax return together with her former husband) for my joint sponsor, along with I-864 that apparently were not what they needed. Joint sponsor is divorced now and has no children. I am assuming that USCIS still considers my joint sponsor married and that's why she doesn't meet the 125%. My joint sponsor makes $45000 a year, how is this not enough to support the two of us? Would a certificate of divorce be useful?

Thank you so much, I really appreciate all the help I got from this site.
 
You mentioned tax return documents but those have nothing to do with "current income". The thing that needs to meet 125% of poverty level is the current income. "Current income" = the annual salary of the job she has at this moment. Her current income is filled on Part 6 item 2 and added with incomes of any people in her household she wishes to count the incomes of (if any) to come up with her current household income in Part 6 item 15. That is the number that needs to meet 125% of poverty level. Current income must be proven with pay stubs, and/or (if possible) an employer letter. The requirement to provide past tax return information is a completely separate requirement that has nothing to do with current income, unless she is self-employed.
 
Thank you for respone.
The current income filled at Part 6 item 2 and Part 6 item 15 is $45000( her own income, no other people in the household counted, she is divorced now). We will provide employment letter and pay stubs. USCIS also asks that we provide evidence of assets, which we will. We provided the needed tax documentation but USCIS still asks for it. Are we missing something? Did we sent the wrong tax docs? Joint sponsor claims she already gave me her W-2s and 1099s. Should I just send every item that they asked for on the Request, although we assume that they already have it from us?
Thank you so much.
 
Constanta G said:
Thank you for respone.
The current income filled at Part 6 item 2 and Part 6 item 15 is $45000( her own income, no other people in the household counted, she is divorced now). We will provide employment letter and pay stubs. USCIS also asks that we provide evidence of assets, which we will. We provided the needed tax documentation but USCIS still asks for it. Are we missing something? Did we sent the wrong tax docs? Joint sponsor claims she already gave me her W-2s and 1099s. Should I just send every item that they asked for on the Request, although we assume that they already have it from us?
Thank you so much.
Click to expand...
They are asking for assets because if her current income isn't sufficient she can use assets to cover the difference. They are assuming her current income is insufficient because she didn't provide evidence for it. Since her income is sufficient, she doesn't need assets. She just needs to provide the evidence for the current income.

For the tax return, she needs to either provide a tax return transcript (which can be ordered for free online), or she needs to provide her tax return form (1040) plus all schedules, W-2s, 1099s, etc. that accompanied the tax return. The tax return transcript is simpler.
 
Thank you, good sir!

My last question, if you could be so kind. The USCIS request letter ends with the following:

"Note: The total income (line 22) on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts" ( line 1) from IRS Schedule C or C-EZ."

I don't really understand what that means. I am not familiar with american tax documentations.
 
Constanta G said:
Thank you, good sir!

My last question, if you could be so kind. The USCIS request letter ends with the following:

"Note: The total income (line 22) on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts" ( line 1) from IRS Schedule C or C-EZ."

I don't really understand what that means. I am not familiar with american tax documentations.
Click to expand...
It is quite straight forward really: the financial information they need to be included in qualifying income section of form I-864 is the one listed in line 22 on IRS Form 1040 (total income). There might have been a mistake on the I-864 submitted, i.e. information from Line 1 of Schedule C might have been included. If you look at the IRS tax forms on hand you will see exactly what they mean. Good luck!
 
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