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USCIS requests for "initial evidence (I-485)"


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#1 AmyAndDoug

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Posted 07 July 2008 - 09:23 PM

We got a letter from the USCIS today asking for "initial evidence." Altho the letter title was for I-485, it also says they will process my I-765 within 90 days of receiving the "missing initial evidence." =(

My husband is in MBA, and only has income from his 10-week internship this summer. So we had his parents be the co-sponsor. We already submitted both my husband's and his parents' W-2's and IRS for the past 3 years. But this letter still asks for the tax returns for the most recent year. Do they not find them so many pages??? >_<

Besides the tax returns, they also ask for:

1. Letter of employment including: date of employment, nature of the job, wages, # of hrs/week, future prospects.

2. pay stubs for the past 6 months.


Is there anything I should/can provide in addition of what they've asked to help strength my case?

#2 dnoblett

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Posted 07 July 2008 - 10:39 PM

These things are normaly attached to US citizen spouse's I-864 as well as joint sponsor's I-864.

IRS transcripts can be used in place of IRS returns (1040/W2/1099) they are asking for 2007 return or transcripts.

IRS transcripts can be ordered for free.

http://www.irs.gov/faqs/faq1-6.html

Letter from employer, and pay stubs are other suggested financial evidences in form I-864 directions, I included these things with the I-864EZ in my wife's I-485 application.

#3 AmyAndDoug

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Posted 08 July 2008 - 07:57 AM

These things are normaly attached to US citizen spouse's I-864 as well as joint sponsor's I-864.

IRS transcripts can be used in place of IRS returns (1040/W2/1099) they are asking for 2007 return or transcripts.

IRS transcripts can be ordered for free.

http://www.irs.gov/faqs/faq1-6.html

Letter from employer, and pay stubs are other suggested financial evidences in form I-864 directions, I included these things with the I-864EZ in my wife's I-485 application.

Thanks, dnoblett! The thing is, we already submitted the IRS transcripts for both my husband and his parents (co-sponsor) for the most recent 3 yrs, not just 1 year. We don't understand why they're still asking for them. @_@

My husband's worried that the USCIS is challenging him because he's a full time student and has only summer internship income. We can only provide his parents' employment letter and pay stubs, and maybe also a couple of his internship pay stubs. He's afraid that they're not enough evidence. =(

#4 dnoblett

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Posted 08 July 2008 - 08:15 AM

Thanks, dnoblett! The thing is, we already submitted the IRS transcripts for both my husband and his parents (co-sponsor) for the most recent 3 yrs, not just 1 year. We don't understand why they're still asking for them. @_@

My husband's worried that the USCIS is challenging him because he's a full time student and has only summer internship income. We can only provide his parents' employment letter and pay stubs, and maybe also a couple of his internship pay stubs. He's afraid that they're not enough evidence. =(

I would just submit them again, make sure, the parent's I-864 specifies that they are joint sponsor.

Spouse/Petitioner will check "a" on their I-864, and Joint sponsor(s) will check "d" or "e" on their I-864 form(s)

Sometimes something either get's misplaced, or something is questioned about the forms.

Edited by dnoblett, 08 July 2008 - 08:16 AM.


#5 LeeFisher3

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Posted 08 July 2008 - 06:24 PM

When they say it's missing they forget to mention that in processing things it got seperated and "lost" in their office.

The only thing to do is submit what they lost and be sure to send it so you have a tracking receipt showing delivery in the event it gets to missing again. :P

#6 AmyAndDoug

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Posted 09 July 2008 - 07:55 AM

Haha, ok, I'll just submit everything they ask for, whether they've been submitted or not. thanks again, guys! =)

#7 spacebar

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Posted 09 July 2008 - 09:03 AM

Dear Doug and Amy, I totally understand what is going through your minds because I had the same recent problem about two or three months ago when I first received the receipt letter of my I-485 and I-765 April 12. After a month later, in the middle of MAY, I received the notorious RFE which is exactly the same letter you probably received regarding the income evidence of support from your joint sponsors.

Doug and Amy, carefully gather the information and do not rush into anything... As long as you give them the exact information they are requesting, there should be no problems.
In my case, my brother was the family member sponsor which means he is a different type of JOINT sponsor and he had initially filled out a I -864A which is a bit differnt from I-864. Nevertheless we live together and he is my brother and I asked him to help me provide support. This type of thing can be difficult depending how close the relationship is with your family. ANyway!

my problem started when he didn't give me the intial evidence in the form of the employee letter without a contact number or signed name of any HR or other department that could supply the proof of his employer. I recall that day he told me not to worry and send IN THIS FOrm which did state his name and position and salary and name of his employer BUT there was no contact name or contact number and the format was not in a employee letter. It was insufficient and in the back of my mind I knew that it wasn't right but I went along with his word and send even though I had a feeling it would bounce back with an RFE which later it would in May. We later asked my brother to demand an employee letter from his employer with all the required points USCIS asked for. He did so and we submitted the evidence about two or three weeks later and then got a response about 2 or 3 weeks later.

So to cut this story short, we received the same letter indicating the same evidence you were told by USCIS to send them in a timely manner. I posted a thread before about this topic sometime ago http://candleforlove...showtopic=31553
Third paragraph is what I sent them. Your reply to USCIS should include the employee letter with everything requested. If it says , include the hours or salary , make sure your HR or higher personnell in the office does that. If it says indicate the date of hire and current status, include it. If it says include the last six pay stubs, include it... Word of advice, if your parents both worked and filed a joint tax return or did a I-864 , both MOTHER AND DADDY should provide employee letters with the same evidence. If they asked for income taxes, call the IRS for transcripts , get them faxed to you which is the fastest way. Ask your father and mother to write a letter stating whether you filed taxes independently or if they did a joint tax return. Just give them what they want although it's ridiculous about so much information they require. Good luck... I'm sure you will get a response no later than three weeks as did we.

Our case was transferred to CSC california service center AND is in PENDING STATUS where we await an answer from USCIS.

Best wishes,

Qiao Zhi and Xiao ping :sosad:

We got a letter from the USCIS today asking for "initial evidence." Altho the letter title was for I-485, it also says they will process my I-765 within 90 days of receiving the "missing initial evidence." =(

My husband is in MBA, and only has income from his 10-week internship this summer. So we had his parents be the co-sponsor. We already submitted both my husband's and his parents' W-2's and IRS for the past 3 years. But this letter still asks for the tax returns for the most recent year. Do they not find them so many pages??? >_<

Besides the tax returns, they also ask for:

1. Letter of employment including: date of employment, nature of the job, wages, # of hrs/week, future prospects.

2. pay stubs for the past 6 months.


Is there anything I should/can provide in addition of what they've asked to help strength my case?


Edited by spacebar, 09 July 2008 - 09:09 AM.


#8 AmyAndDoug

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Posted 10 July 2008 - 07:54 PM

Thank you, Qiao Zhi and Xiao ping! =)

Both Doug and his mom (co-sponsor) have gathered ALL that the USCIS letter asked. I'm planning to mail them out next Monday. We're doing everything as fast as we can. I really need to get a good job...hopefully the EAD card won't take too long. :unsure:

I see that you don't have your timeline posted in your signature. When did you first applied for I-485/I-765? And when was your case transferred to CSC? I'm sure you and your wife are also in the situation of anxiously waiting for that EAD card!

#9 spacebar

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Posted 13 July 2008 - 10:59 AM

Hi Amy and Doug, I almost forgot to mention but I just updated my timeline barely yesterday so please take a look!!!

By the way Amy,

when you send out the Evidence for the RFE to USCIS , it might help if you include a short summary of the documents included and you should make copies of all the documents you send so in case USCIS says they lost it , at least you have copies. You should probably also get a divider folder so all the evidence is neatly organized. Pay stubs on one side labaled with the month and year and Employment letter on another side.
Make sure if your RFE asked you to send in PAYSTUBS , you do that... Even if you are missing a few stubs it shouldn't be a problem.

I remember I was missing at least 2 or three pay stubs from December or January and I still sent in what I had. It was probably 9 months worth of stubs lol.

Qiao Zhi :ph34r:

Thank you, Qiao Zhi and Xiao ping! =)

Both Doug and his mom (co-sponsor) have gathered ALL that the USCIS letter asked. I'm planning to mail them out next Monday. We're doing everything as fast as we can. I really need to get a good job...hopefully the EAD card won't take too long. :unsure:

I see that you don't have your timeline posted in your signature. When did you first applied for I-485/I-765? And when was your case transferred to CSC? I'm sure you and your wife are also in the situation of anxiously waiting for that EAD card!


Edited by spacebar, 13 July 2008 - 11:05 AM.



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