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  #1 (permalink)  
Old 08-21-2007, 12:11 PM
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Default Request for initial evidence(I-485) although already supplied

I applied for I485 about a month ago with all the papers that were asked for ,but i got a letter saying "Request for initial evidence I-485)"

F. (40) The sponsor or joint sponsor on form I-864 affidavit of support must submit the following:

. W-2s,1099s,and /or all schedules submitted to the IRS-a copy of his/her Federal Income tax return was submitted and/or the sponsor or joint sponsor requested an extension to file his or her Federal income tax return.


What does that mean?As far as I know I already submitted all the above mentioned.I called USCIS and as usual the person on the phone didnt know anything and told us to submit it again.Will that be of any good? Please help me.I have been called for biometrics this weekend.Will it be of any use if I ask them what to do?

Thanks in advance
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  #2 (permalink)  
Old 08-21-2007, 12:19 PM
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Quote:
Originally Posted by bobby.tony View Post
I applied for I485 about a month ago with all the papers that were asked for ,but i got a letter saying "Request for initial evidence I-485)"

F. (40) The sponsor or joint sponsor on form I-864 affidavit of support must submit the following:

. W-2s,1099s,and /or all schedules submitted to the IRS-a copy of his/her Federal Income tax return was submitted and/or the sponsor or joint sponsor requested an extension to file his or her Federal income tax return.


What does that mean?As far as I know I already submitted all the above mentioned.I called USCIS and as usual the person on the phone didnt know anything and told us to submit it again.Will that be of any good? Please help me.I have been called for biometrics this weekend.Will it be of any use if I ask them what to do?

Thanks in advance
I don't think asking at FP appointment time will get any information.
Please go ahead and respond to the RFE.
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  #3 (permalink)  
Old 08-21-2007, 01:11 PM
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Default This is for sponsor

Quote:
Originally Posted by bobby.tony View Post
I applied for I485 about a month ago with all the papers that were asked for ,but i got a letter saying "Request for initial evidence I-485)"

F. (40) The sponsor or joint sponsor on form I-864 affidavit of support must submit the following:

. W-2s,1099s,and /or all schedules submitted to the IRS-a copy of his/her Federal Income tax return was submitted and/or the sponsor or joint sponsor requested an extension to file his or her Federal income tax return.


What does that mean?As far as I know I already submitted all the above mentioned.I called USCIS and as usual the person on the phone didnt know anything and told us to submit it again.Will that be of any good? Please help me.I have been called for biometrics this weekend.Will it be of any use if I ask them what to do?

Thanks in advance
This is not your individual returns.. this is for the company or he or she who is sponsoring your GC. I do not know why would they ask for sponsor's returns... may the knowledgable guys in the forum enlighten

Hope this would help.
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  #4 (permalink)  
Old 08-21-2007, 01:27 PM
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Default

This indeed is for individual income tax returns. I-864 is to be filled out by the I-485 primary. Further W-2's are issued to individuals.

Quote:
Originally Posted by jasmin45 View Post
This is not your individual returns.. this is for the company or he or she who is sponsoring your GC. I do not know why would they ask for sponsor's returns... may the knowledgable guys in the forum enlighten

Hope this would help.
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  #5 (permalink)  
Old 08-21-2007, 01:28 PM
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Default No

Quote:
Originally Posted by jasmin45 View Post
This is not your individual returns.. this is for the company or he or she who is sponsoring your GC. I do not know why would they ask for sponsor's returns... may the knowledgable guys in the forum enlighten

Hope this would help.
If you are the primary applicant of 485 and your spouse is filing 485 as a dependent/family, then you are the sponsor for your spouse for 485.

Therefore, I think in this context, it means the primary applicant(who is the sponsor of dependent's I485). They are asking for W2, tax returns and other things for the primary applicant.

Send them copies of W2 for past 2-3 years and also your 1040 A or other filing forms, schedules etc. Basically whatever you sent to IRS PLUS the W2 you received from ur employer(s).
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  #6 (permalink)  
Old 08-21-2007, 01:29 PM
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Thumbs up 131/864.

Is it required for intitial evidence.
My attorney did not even ask for it.

As far as i have read in the forumns earlier, it is not an intital evidence.

Can some one clarify on this?
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  #7 (permalink)  
Old 08-21-2007, 01:41 PM
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Default

Quote:
Originally Posted by akhilmahajan View Post
Is it required for intitial evidence.
My attorney did not even ask for it.

As far as i have read in the forumns earlier, it is not an intital evidence.

Can some one clarify on this?
Unless you are self sponsering, you need not have to file I-864. It is only if you are self employed then for sponsoring someone you need to file I864. FP peopple cannot help. it is good to send all the documents again... might be it will help yours to get processed faster
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vparam
---------------------------------------------------
PD ------------------ 22-Aug-2002 140 AD--------------- 07-Aug-2005
485 self RD ------------07-Jun-2007 ND -6/19 LUD ----7/27/07
485 spouse RD ---------07-Jun-2007 ND -6/19 LUD ----7/30/07, 7/31/07
FP Self ----------------27-Jul-2007
FP Spouse -------------30-Jul-2007
EAD /AP Self Approval ------06-Sep-2007/07-Sep-2007
EAD/AP Spouse---------10-Sep-2007
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  #8 (permalink)  
Old 08-21-2007, 01:44 PM
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Default EB based.

Mine is EB (company sponsored) based and i am the primary applicant. My wife has also filed with me.

Lawyer never asked me to fill 131/864.

Is it ok or i missed something which had to be filed with the application?
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  #9 (permalink)  
Old 08-21-2007, 01:52 PM
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Default I agree

Quote:
Originally Posted by akhilmahajan View Post
Is it required for intitial evidence.
My attorney did not even ask for it.

As far as i have read in the forumns earlier, it is not an intital evidence.

Can some one clarify on this?
Yes I agree Akhil. This has never been asked and even I was not asked to submit it. But I think each case would be different. How much is your prevailing wage and how much do you earn, how many dependents etc. etc. So the guy needs a proof to see whether there is indeed something or not but again this is my guess....my attorney never asked me submit W2 or IRS Tax returns..! I got all the receipts as well. I am surprised that these things have been asked.

So I guess this person has no option but to submit all this to satisfy their requirements...but yes I am surprised becoz this is never asked.

Best Regards
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  #10 (permalink)  
Old 08-21-2007, 01:54 PM
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Default Submit

Quote:
Originally Posted by akhilmahajan View Post
Mine is EB (company sponsored) based and i am the primary applicant. My wife has also filed with me.

Lawyer never asked me to fill 131/864.

Is it ok or i missed something which had to be filed with the application?
Akhil

If you have dependent (s) here in US then primary has to fill 131 but I never filled 864...May be 864 is from company for I-140 apps...don't know...I have no knowledge about this

Best Regards
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  #11 (permalink)  
Old 08-21-2007, 01:58 PM
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Default I guess i will be good for now.

Quote:
Originally Posted by xyz2005 View Post
Yes I agree Akhil. This has never been asked and even I was not asked to submit it. But I think each case would be different. How much is your prevailing wage and how much do you earn, how many dependents etc. etc. So the guy needs a proof to see whether there is indeed something or not but again this is my guess....my attorney never asked me submit W2 or IRS Tax returns..! I got all the receipts as well. I am surprised that these things have been asked.

So I guess this person has no option but to submit all this to satisfy their requirements...but yes I am surprised becoz this is never asked.

Best Regards
SO, i think i will be good for right now. If a RFE comes, then its something different.

But missing 131/864, does not constitute rejection of the 485, I just wanted to make sure that.
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  #12 (permalink)  
Old 08-21-2007, 02:22 PM
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Default

Quote:
Originally Posted by bobby.tony View Post
I applied for I485 about a month ago with all the papers that were asked for ,but i got a letter saying "Request for initial evidence I-485)"

F. (40) The sponsor or joint sponsor on form I-864 affidavit of support must submit the following:

. W-2s,1099s,and /or all schedules submitted to the IRS-a copy of his/her Federal Income tax return was submitted and/or the sponsor or joint sponsor requested an extension to file his or her Federal income tax return.


What does that mean?As far as I know I already submitted all the above mentioned.I called USCIS and as usual the person on the phone didnt know anything and told us to submit it again.Will that be of any good? Please help me.I have been called for biometrics this weekend.Will it be of any use if I ask them what to do?

Thanks in advance
Form I-864 is needed only in the following cases
1) All immediate relatives of US citizens.
2) All Family based cases
3) Employement based cases only when a US citizen or LPR relative filed the
immigrant visa petition or such a relative has a significant ownership interst
in the entity that filed the petition.
So in short all EB cases dont require I 864 infact you employement letter is the one which proves that you can support yourself. Only in cases where the
employer is relative of the applicant or when the company that is sponsoring the applicant has a relative which owns more than 5 percent ownership interest has to fill out this form. For eg your uncle owns a desi consulting firm or is a partner in the firm that sponsors your LPR then in that case you have fill out 864 form.
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  #13 (permalink)  
Old 08-21-2007, 02:29 PM
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Also, if they are asking it again then I could imagine that
a) They missed your docs
b) or they suspect some foul play on your past stay here in US
c) or they have some doubts on your tax payments (Note, they give Green Cards etc in this country only if we pay taxes properly and boost their economy)

Hope you were never out of status while in US.

Such kind of issues will pop up at 485 stage and ultimately delay the AOS process...

Last edited by H1Girl; 08-21-2007 at 02:32 PM.
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  #14 (permalink)  
Old 08-21-2007, 02:33 PM
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Default If your spouse is also working

then some lawyers ask for employment verification letter for the spouse to be submitted with the application. In that case, you do not have to file 131. This is only if husband/wife are on separate H1Bs and separate jobs.

Basically, USCIS wants to know whether u can support your dependents.
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  #15 (permalink)  
Old 08-21-2007, 03:28 PM
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Default

Quote:
Originally Posted by bobby.tony View Post
I applied for I485 about a month ago with all the papers that were asked for ,but i got a letter saying "Request for initial evidence I-485)"

F. (40) The sponsor or joint sponsor on form I-864 affidavit of support must submit the following:

. W-2s,1099s,and /or all schedules submitted to the IRS-a copy of his/her Federal Income tax return was submitted and/or the sponsor or joint sponsor requested an extension to file his or her Federal income tax return.


What does that mean?As far as I know I already submitted all the above mentioned.I called USCIS and as usual the person on the phone didnt know anything and told us to submit it again.Will that be of any good? Please help me.I have been called for biometrics this weekend.Will it be of any use if I ask them what to do?

Thanks in advance
I Think initial evidence is only employer letter, medical exam and fees, all other are secondary evidence.
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