RFE asking for info that we already sent

P

payala

Registered Users (C)
We just got an RFE requesting us to send the last income tax return and a letter from my husbands employer. With our initial application we already submitted the tax returns from 2004 because back in January my husband didn't even have his 2005 W-2 with him yet, we also attached a letter from his company stating his position, salary and when he started working there. We included this letter because my husband just started working last June so his 2004 tax return didn't reflect his actual income. What can we do now? He now has his 2005 income tax so we're gonna send that and another copy of that letter from his company. Should we include anything else? I'm gonna try the 800 number but according to many people in this forum it is just not useful. Oh the letter also said that I am not eligible for a work authorization till 90 days after they receive the extra information they need. Do they inclulde this in every RFE notice? My DO is Hartford. I'm supposed to start my job on June 5th so I can't wait those 90 days. I have a FP appt this Wed, do you guys think I can talk with someone there without an INFOpass? Since they received our initial forms back in late January, would I be able to get an iEAD after 90 days of the day they received that? Do they usually give those iEAD to everyone as long as it's been over 90 days?

Sorry this was long.
Thanks so much!
 
I also got a RFE and it had that paragraph about employment. Turns out that I got my EAD during the expected time. If I were you, I'd go ahead and send everything they are asking for asap. I did that and I was able to confirm that they received the RFE because my online status changed. Good luck!
 
I think you should go ahead and send them the REF and any other supporting document that you have ASAP. I believe you will get you EAD in time to start you job on the 5th of June.

Good luck
 
The most important thing is to send the information requested as soon as possible. In any case, if you don't receive in the expected time your EAD, just try an iEAD. There is always the possibility of trying you know...

Good luck,
 
Thanks so much!
I guess that what worries me is that we already sent that information. We're basically sending exactly the same letter from his company, the only new thing will be tax returns from 2005 (which my husband didn't have before).

thank you
 
Do you guys think we should send another affradevit of support form? My husband is worried that in the last one he put 2004 as the last taxable year but now we're sending the 2005 one.
 
I think is what they want to know...since you said that what is on the previous tax return does not reflect what he is earning...but I think you should send exactly what they are asking for.

Good luck,
 
My 2 cents...
RFE is usually the discretion of the officer who is looking at your case. Probably he/she thought that tax returns from 2005 should reflect the current and accurate financial status as the ones you submitted (from 2004) are over a year old. If i were you, i would go ahead and submit the tax returns from 2005. The sooner you do it, the better it is for your case to resume progressing.
 
Thanks for your replies.

I guess we sent my application just in that cutoff date when we still didn't have the 2005 tax returns but the 2004 were already a year old.

We're sending everything they asked plus many other things first thing tomorrow. He's gonna send the tax returns for 04 and 05, an updated letter from his company, paystubs and even his bank statements showing the deposits made from his company. Maybe it's a little too much but I don't care.

Should he send an updated affidavit of support form as well? (changing last taxable year from 04 to 05)

Thanks again so much!
 
Oh and I actually read the RFE myself (the first post was based on what my husband told me) and it says that I'm not elibible for an iEAD (not EAD) till 90 days after they receive the missing information. My husband didn't know there was a difference between EAD and iEAD. So I guess it's not that bad. I can just hope I won't even need to worry about an interim EAD.

Again, thanks
 
I got the same letter for tax returns, etc. I hadn't sent them because we hadn't gotten W-2's yet when we filed. It said hubby wouldn't be eligible for 90 days. I mailed in the requested info, and this is the current case status.

Current Status:

On March 31, 2006, we received your response to our request for evidence or information. It is taking between 120 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.

This is probably what you will receive. I don't honestly think it means anything. He has a fingerprint app this week, and I expect him to receive his EAD on time.

I wouldn't worry if I were you.
 
If they asked for an updated affidavit of support, then you must do so. If they did not ask, then I really think that you should not do so because you will confuse the officer further. Just send exactly what they asked for and try your best to include only what they ask for. Extra stuff and less stuff are in my opinion equally bad. Simply do not give them what they didn't ask for because they will ask themselves "what should I do with the extra stuff now?". Just my two Cents.

Good luck and I think you are in a good shape.
 
And by 'this kind of case' I'm assuming you mean the actual green card and not the work authorization right?

OK I'm just over-worrying, that's what I do. With my husband I'm the one that tells him everything will be OK and we just need to be patient so that he will stop freaking out but when he's not around it's kinda my turn to freak out. :eek:
 
payala said:
And by 'this kind of case' I'm assuming you mean the actual green card and not the work authorization right?

OK I'm just over-worrying, that's what I do. With my husband I'm the one that tells him everything will be OK and we just need to be patient so that he will stop freaking out but when he's not around it's kinda my turn to freak out. :eek:
Click to expand...


Yes, this was for my hubby's I-485. The asked for additional evidence. "Initial Evidence" You know the Title Code 8 that they mention in the letter that says you aren't eligible for interim benefits for 90 days? I read it, on the USCIS website, and it does not mention 90 days ineligibility anywhere, so I don't know where they came with that. I honestly don't think its a big deal. believe me that I understand about freaking out over the situation. These people like to stress us out, but just be patient, and thorough, and all will be well. :)
 
Payala,

What's your DO? And can you post your timeline plz? When we mailed the AoS package on Mar 01, we still hadn't filed our taxes for 2005 (due to one of my W2s that got misplaced cuz of change of address) and used the 2004 tax return. I'm wondering if I should look out for an RFE :-/. Since we have a joint sponsor too, it would take me some extra time to get all the info... I guess I better start working on it already.

Btw, thanks for your replies to my other post.

USC
 
I'm up at school now and all my notices are in my apt, I will set up one of those signature things with my timeline as soon as I get home.

For the time being, We sent all my info in mid-February and I got the received notices a little over a week after that. I have a finger print appt tomorrow and another one on Thursday (I'm gonna see if I can get both done tomorrow). We received the email about the RFE last Friday and the letter yesterday. My DO is Hartford.

I would say to have everything ready. Call the IRS and have them send you the transcripts of the last couple of years (just in case). They mail them to you and it usually takes less than 10 days. In my case, my husband is sending the tax returns tomorrow and the transcrips as soon as he gets them. In my case they asked for the tax returns and a letter so you can actually have that letter written by your (and/or sponsor's) company. The RFE that I got states that the letter needs to say how much he makes, how many hours a week he works, type of work he does and the date when he started working there. Maybe you'll be lucky and they won't be as picky with your case.

good luck!
 
We sent the AoS Package on Mar 1st and my husband had the FP on Apr 1st. Haven't recvd the RFE yet, but as you said, I won't wait for them to actually send it before I start accumulating all that might be needed. Especially because my brother is a joint sponsor and getting all this info from him will take time. As for the employment letter, I did submit such an employment letter (stating date of joining, my nature of work, hours per week and wages per hour). For my brother, we submitted his recent paystub that had all this info. Getting the tax transcript I think will be time taking as the IRS folks are the busiest lot around this time of the year. If we can't get the tax transcript in time, we will send a copy of Tax Return. ~Just thinking out loud here~

Your timeline would be helpful to evone :). Good luck to you too.
 
Well we attached a letter from his company with all this information too that's why I'm so confused, I don't know why they're asking for it again. We also sent his paystubs and all the other tax returns. Again, hopefully you won't be asked for this info but it's better to have everything ready. We wanted to send the documents today but we couldn't because human resourses couldn't write that letter fast enough (even though it's just a generalized letter where they just fill out the empty fields).
 
Last edited by a moderator:
Just an update.

I got exactly the same email as Gofunky got which says:

On April 10, 2006, we received your response to our request for evidence or information. It is taking between 120 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.

Again, we havent received the notice yet but the online status seems to be working pretty good.

It doesn't say anything about the iEAD, I just hope I do get it on time. We still have an infoPASS set up for the 18th, my husband just wants to hear the officer say that we shouldn't worry...I can just hope.
 
The iEAD you get it at your DO, you would not get any special appointment for that...with your INFOPASS you should get it.
 
Last edited by a moderator:
You must log in or register to reply here.
Top