Request for Initial evidence (I-485)

[yuxb]

Hello everyone,

My mom is the petitioner/sponsor for her mother, and I'm the joint sponsor for my grandma since my mom receiving SSI and cannot meet the income requirements. She completed the I-864 and stated on the form that she was not qualified to file the income tax because of her Social Security benefits. She attached the proof of SSI, but anyway, USCIS requested the income tax form from the previous year and/or a letter with written explanations why she was not required to file. Can anybody help me to figure this out? What do they want in addition to what they already have? Did they read the form and attached letters from SSI office stating that she is receiving SSI benefits? What else do they need as proof? Or a separate letter with explanations is all they need beside to what they already have?

The another problem is with my, joint sponsor form. I had slightly less than minimal income in 2015 because of before tax deductions for medical insurance and a Flexible Spending account. However, I am above of the minimum income within this year, and I included the letter from my employer regarding my salary increase. Also, I have attached the pay stubs for 6 months that show my current income that is above of the minimal required. However, looks like the USCIS did not consider my current income and stated that "income did not meet the 125% of the poverty guideline". Do they consider the current income or just the last year income? Then I don't understand why they have a question regarding a current income if they don't care about the current income- any thoughts? Should I complete a new I-864 and include my property asset to the form, or should I just send a proof of the difference between the property assessment from the county and amount of outstanding balance on my mortgage without completing a new I-864?

Thanks a lot for all your help/suggestions!

[yuxb]

Can anybody at least clarify if USCIS considers the Gross income from W-2/check stubs, or Federal Gross income after before tax deductions and contributions such as pension plan, medical insurance, etc? Do they consider current or previous year income? Thanks a lot in advance!

[newacct]

They consider current income (i.e. the salaries of the jobs you have at this moment), not what you had last year or last month or this year so far, but only your income right now. They shouldn't have denied it if your current income is enough.

For your mother, the only reason someone can be not required to file an income tax return (anyone can file, by the way, if they want, and sometimes it is advantageous to file even if they are required) is if her income that year is below the filing threshold. You can find the conditions under which she doesn't have to file in the section near at the beginning of that year's Form 1040 instructions, called "Do You Have To File?" If she was not required to file for the reason of her income being below the threshold (the only valid reason), then per the I-864 instructions she need to attach a statement stating so, citing her income and the threshold for her filing status that year.