Totally confused (Received letter for more evidence)

[pha]

Just got a yellow letter in the mail from USCIS:

 

I'm totally confused as to what they want from me:

 

I submitted the I-864 for myself

 

Including tax returns (1044's) for 2007, 2006, and a letter explaining why I didn't file in 2005 (I was working in China at the time).

 

and the I-864a for my mother who lives with us in the same household.

 

Including tax transcripts from the IRS for 2006, 2005, and 2004.

(She hadn't filed 2007 when I sent the I-485)

 

The letter says the office is unable to complete the I-485 without initial evidence. It says I need to submit all supporting tax documentation for the I-864: (w-2's, 1099's etc.) But since I was working in China I don't have W-2's. But I did submit 1044's with the I-864.

 

It also says the household member failed to submit proof of current income. Well, my mom is retired but receives a pension and her annual income of many times the poverty line was submitted with her tax transcripts from the IRS for the last three years. The letter says I should provide proof in the form of a letter from her employer and current pay stubs. But due to the nature of her income, she doesn't have those.

 

Now I am totally confused about what to re-send to the Department of Homeland Security. I have 87 days to submit the information, but I really have no idea what they want me to send.

 

Does my mother need to be employed to count as a sponsor? Doesn't it matter that her income is many times the poverty level for the last 3 years? How should I explain that I don't have W-2's? I'm worried because the letter says failure to submit the evidence will result in a denial. Any advice?

[Randy W]

It's unclear from your post, also. It sounds like all you need is proof of your mother's income.

 

Doesn't your mother get a statement of some kind from her pension? A check stub? A 1099?

 

Did you mean 1044 for your own return, or was it a 1099?

 

You don't have W-2's because you were working in China. Explain this in a letter, and include it.

 

I would re-send both I-864's. Explain that in a cover letter.

 

You need to establish what your sources of income are. The RFE is a standard, cookie-cutter form that they send out to everybody. Don't waste any time getting confused by it.

[TootTaLu]

It's unclear from your post, also. It sounds like all you need is proof of your mother's income.

 

Doesn't your mother get a statement of some kind from her pension? A check stub? A 1099?

 

Did you mean 1044 for your own return, or was it a 1099?

 

You don't have W-2's because you were working in China. Explain this in a letter, and include it.

 

I would re-send both I-864's. Explain that in a cover letter.

 

You need to establish what your sources of income are. The RFE is a standard, cookie-cutter form that they send out to everybody. Don't waste any time getting confused by it.

Do what you can.

Take time to gather new evidence,and study what you may have dont wrong.

Maybe you included TOO MUCH info on the Applications,but your supporting documents did not match up with what you wrote on the applications.

 

You have 87 days,but its best if you act now.

 

If you send more stuff to them,Im sure they will send you another letter,quickly,then you will have another chance to correct things.

 

If you wait around and take a long time,then maybe your file gets shoved to the back of the drawer.

[LeeFisher3]

I'm questioning why you used the I-864a, this is usually used to pool income for people who will be living in the same residence to meet the income standard.

 

I would believe that your co-sponsor needs to submit the I-864.

[pha]

Thanks for the help everyone.

 

LeeFisher3

 

The reason I used the I-864a is because my mom is elderly and lives with us in the same household so she qualifies as a household member. I know most people don't have this situation, but I think I'm using the correct form.

 

Threadbare

 

I'm mostly concerned about the time. The 87 days rule really scared us! We are fine with giving them whatever they want but it seems like we don't have the two things they are asking for. I'm also a little ticked off that it seems they didn't actually read either the I-864 or the I-864a that I filled out which explains the two issues.

 

The I-864 included all the information I used to file taxes for 2007 minus W-2's because my chinese employer did not issue them. I noted this in my original submission but they must have missed it because they are asking me for W-2's.

 

The I-864a is the same since my mom's income comes from an IRA and I filled out she was retired since 2002. Again, it seems like they didn't even read the form since they are asking for an employer letter.

 

Our real concern now is that if we send them the same info again will they take the time to read it and understand the situation or just throw it back in the RFE file.

 

Randy W

 

Thanks, that is good advice. I will include monthly checks that my mom receives, maybe that will convince them of the source of her income.

 

Right I meant 1040's not 1044's for my own returns for the last two years. I have original tax transcripts from the IRS for the last three years from my mom.