yorkieuk

Hi :-)

So I thought my AOS stuff was going smoothly, I got notice of my biometrics appointment to take place in 2 weeks time, but then today i received a RFE listing something that I didn't know we had to submit...and I don't know if I can even get them....

Basically it all concerns the income of my husband and the joint sponsor. My husband at university so we used his mother as a joint sponsor.

This is what they are now asking for:

1) All tax documentation from sponsor > I had already submitted his 2008 and 2009 tax returns so I don't know what else I could send?

2) A tax return for the joint sponsor > Again I submitted 2008 and 2009 returns, they want one for the most recent year it says..does this mean the 2010 one? My mother in law has yet to file it (I thought the deadline was April...)

3) All tax documentation from joint sponsor > Again apart from federal tax returns what could I get?

4) This is the one that really confuses me. It says that the joint sponsors income tax return does not meet or exceed 125% of the poverty guideline. Both the 2008 and 2009 tax return show which she files separately from her husband shows an income of over $200, 000 and shows that she only supports 3 other household members (myself included), so I have no idea what to do about this.

5) It then says we have to provide proof of income for the joint sponsor with a letter of employment saying dates of employment, nature of employment, salary and prospects for future employment and advancement... In the initial stuff I sent off I included a letter from her practice saying she is a ENT surgeon etc and has been for 20+ years etc, and her average yearly salary (which was backed up by the federal returns). We also included a letter from the bank saying her accounts are in good standing and she normally has X amount going into her accounts every month...

So I don't really know what to do, do I just re submit everything or write a letter explaining I have already sent it all or is there other stuff I should send in that I was unaware of....

The letter says my I-485 and I-765 are on hold until I submit this stuff so it is really frustrating as I want to work! I also have 87 days to get it back to them.

I set up an appointment with my mother in laws accountant on Wednesday to try and see if there is any more documentation I can get, but if anyone has any advice on what I should/could do please let me know as I am worrying!

Thank you

Sophie

Knowitall

1. You were required to submit the last three returns -- in your case, that was 2007, 2008 and 2009. The fact that the 2009 tax return was submitted is somewhat amazing since they are not due until April 15, 2010.

2. Rule -- just give them what they ask for -- cardinal rule is that, if possible, do not make CIS people think. That is dangerous.

yorkieuk

Hi,

Thanks for the advice

It said on the I-485 that I only had to submit the latest federal tax return, however I just realized it must have been the 2007 and 2008 tax returns I gave for each of them as niether has done the most recent (which must be the 2009) yet.

So I'll add 2006 returns to the stuff I send back, maybe I could try and get them to rush the 2009 returns and send them to?

Also what 'tax documentation' can be sent apart from federal tax returns? W2's, 1009's? I have no idea where to get any of this stuff!

Sophie

ian-mstm

It might be easier to simply get IRS transcripts for 2006-2008 for both your husband and MIL. They're free and they'll fax them to you if you're strapped for time... otherwise they take a couple of weeks to get in the mail.

Ian

Noorah101

I might even venture a guess that the entire I-864 and supporting documents got lost. From both the sponsor and joint sponsor.

I would just re-do everything...new I-864 and all supporting documents from both sponsor and joint sponsor, including the stuff you've already sent, plus anything new they were asking for that you didn't include with the original.

And I totally agree with Ian. Use tax transcripts instead of photocopies of the whole return. If you sent a photocopy of the return before, you needed to send the entire return (not just the first couple of pages), AND you needed to include any W2s or 1099s. With the tax transcripts that's all you need...it's complete and official from the IRS.

Rene

PepsiChic

I would send both the sponsors and joint sponsors entire I-864 again.

When it comes to the tax returns, its best to give them the last 3 years, so 2006, 07, 08. It needs to be a complete tax return, so W2's etc the whole lot. I would suggest you get your MIL and husband to call the IRS and get free tax transcripts, it includes everything in a much more compact version, the USCIS seem to prefer these.

Make sure to send everything again, all supporting evidence and back up.

*I-864 (Affidavit Of Support)
*I-864P (Poverty Guidelines 2009) - Unless sponsor is in the military follow guidelines for 125% list.
*USC Birth certificate/photo ID.
*Letter From Bank (date accounts were opened, current balance, total amount deposited in the last 12 months)
*4-6 months worth bank statements
*Employment Letter (stating date started, pay, hours etc, needs to be signed and dated by manager)
*4-6 months worth pay slips
*tax return transcripts for last 3 years.

Get free copies of Tax Return Transcripts HERE

get these for both sponsor and joint sponsor.

meauxna

I agree it sounds like they misplaced all your I-864 evidence..for both forms! Resending seems like a good plan; include everything they are asking for on the RFE form.


Only the one most recent income tax return is required; more may be submitted to support the application.

yorkieuk

Yeah, I am beginning to think they lost the whole thing, kind of annoying seeming I spent hours organizing a whole folder full with tabs and index pages

Oh well, thank god I photocopied everything!! My OH is going to order his tax transcripts for the last few years, I take it my MIL has to be the one to order hers and we can't requests hers for her?

Also I have no idea what to put in the letter they want from her workplace about 'advancement opportunities and job prospects', she has been in the same position as a Dr since she was about 30, I don't want to offend her by asking her to provide a letter

meauxna

If you know MIL's SSN and address, you can order them for her. It's just done with the touch tone over the phone. (my mother ordered mine for me, but she was receiving my mail also)

I can't imagine she would actually *need* the employer letter but since they have requested it specifically.. Let's just say, the totality of evidence would make me laugh at an officer who required that at interview, but it's your case. You didn't get a photocopy of her submission eh?

Hint: leave out the tabs & indexes etc.