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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
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I'm going through AOS and received a request for initial

Customer Question

I'm going through AOS and received a request for initial evidence because they want more tax documentation from my sponsor and a co-sponsor for our i-864. My sponsor/wife didn't earn above the poverty guidelines in her 2015 tax return as she only worked for 5 months abroad in Australia. She does however now earn well above the poverty threshold and provided her job contract and pay stubs as evidence. They Nonetheless, we have obtained a joint sponsor as requested.What is most worrying us however is that they have asked for my wife to provide tax documentation (w-2, 1099, form 2555) when she didn't receive any of these as she worked abroad. She originally submitted her IRS tax transcript and her 1040 form so we're not sure what else to provide. We don't want to get a denial, but they should know that she doesn't have these forms based on what she submitted.
Submitted: 11 months ago.
Category: Immigration Law
Customer: replied 11 months ago.
To clarify, the 'Request for Initial Evidence' says:"- Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.
The petitioner/sponsor must submit all supporting tax documents for the most recent year.- Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the poverty guideline for the pettitioner/sponsor''s household size."
It then goes on to explain how we must either provide evidence of assets instead or provide a joint sponsor.
Expert:  Expert James replied 11 months ago.

Did she provide a copy of her most recent tax return? Even if she is working abroad, she should be filing US income taxes.

Customer: replied 11 months ago.
she sent a 2015 IRS tax transcript and 1040 return.
Customer: replied 11 months ago.
of her foreign income
Customer: replied 11 months ago.
Expert:  Expert James replied 11 months ago.


I understand you want an answer immediately. However, it takes time to prepare responses. And when you post a response, it puts your question at the bottom of my list, causing you further delays. Your patience is very much appreciated.

ANSWER: The best thing to do is to respond with the same documents and provide a calculation of the expected income-at the current rate-for as long as she intends to remain working in Australia. Then she should provide some sort of evidence of assets that she has in the US, and if possible, a job letter including her salary. As far as the documents they request, she simply responds by explaining what you have - that those documents were not provided by her foreign employer.

Sometimes, they just need to have it explained to them in the simplest way possible.

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