Request for Initial Evidence - Sponsor/Joint Sponsor - AOS from K1

[US <3 IND 53]

Hi,

 

My fiance and I were married in the States at the beginning of October, and we filed for AOS, EAD, and AP together shortly after. The received date on all three NOA1s was Oct 25th 2017. 

My fiance had his biometrics appointment yesterday on Nov 24th, and we also received the yellow Request for Initial Evidence (RFE) in the mail the same day. 

 

It is asking for evidence of sponsor's income, even though we followed USCIS instructions for the I-485 and I-864 word for word.

 

I sponsored my fiance-now-husband for the AOS, with an income which is more than sufficient to meet the 125% Poverty Guidelines for our family size. 

However as my income is foreign-earned, I asked my Dad to be a joint-sponsor for his AOS. My Dad's income is also above the 125% Poverty Guidelines for his family size.

 

Both myself and my father included with the application our 2016 Federal Tax returns, W2 (I provided a foreign form equivalent to the W2), and letters from each of our employers detailing position, salary, and start date of employment. 

 

I'd like to share what the RFE asks for, and maybe get a little feedback on whether you guys think they are asking for information from the Sponsor or the Joint Sponsor in this case?

 

The RFE says:

 

The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income. Submit evidence of the petitioner/sponsor's current income. Such evidence should include:    

• Pay stubs or other documentation of pay for the previous six months
• Evidence of other income, such as tax exempt interest, qualified dividends, IRA distributions, pension, annuities, social security benefit (only SSA-1099 and/or SSDI-1099)

Letter of employment containing the following:

• Date of employment
• Nature of job
• Yearly salary earned
• Number of hours per week worked
• Prospects for future employment and advancement

 

 

Any help on understanding whether it is my income (Sponsor) or the Joint Sponsor who needs to submit these documents again?

[Mr Geminian 691]

You may call up USCIS and speak to a Tier 2 officer because they must have lost the affidavit of support document. Tell them you have already sent in which met the 125% or the poverty guidelines. If you have made photocopies of all the AOS documents before sending them to Chicago then you have the proof. So while speaking to them tell them you have the copy of all the documents. If they still ask them send them as soon as possible.

[US <3 IND 53]

On 11/25/2017 at 8:55 PM, Aviinashh said:

You may call up USCIS and speak to a Tier 2 officer

I called and spoke to a Tier 2 officer who told me that he did not have access to my case and could not advise on what the rfe letter required me to send. He told me I could speak to an immigration attorney and then hung up.

[Mr Geminian 691]

1 minute ago, US <3 IND said:

I called and spoke to a Tier 2 officer who told me that he did not have access to my case and could not advise on what the rfe letter required me to send. He told me I could speak to an immigration attorney and then hung up.

Sometimes they misplace the papers. Have you sent the documents they mentioned in RFE ?

[US <3 IND 53]

Can I get your advice from anyone who got an RFE asking for documents from the petitioner/sponsor?

 

Does the letter mean just the first sponsor? Does it mean the Joint Sponsor?

1 minute ago, Aviinashh said:

Sometimes they misplace the papers. Have you sent the documents they mentioned in RFE ?

Which sponsor do I need to send these documents for?

[Mr Geminian 691]

3 minutes ago, US <3 IND said:

Can I get your advice from anyone who got an RFE asking for documents from the petitioner/sponsor?

 

Does the letter mean just the first sponsor? Does it mean the Joint Sponsor?

Which sponsor do I need to send these documents for?

I'd recommend you send both sponsor and joint sponsors documents because in the RFE it says "petitioner/sponsor" and they didnt specify which "evidence was not submitted". You said that when you sent the AOS package you sent all the evidence of you and your dad's documents. Now along with all the documents also write a letter explaining that you have already submitted all the documents and also mentioned that your dad is a co-sponsor because your income if foreign earned and hence dad is a co-sponsor but BOTH the incomes do meet the 125% poverty guidelines. 

[Mr Geminian 691]

Anyways lets see what others have to say. I would appreciate @geowrian @Ebunoluwa@missileman can put in their inputs.

[Ebunoluwa 6,136]

I would send in official IRS transcripts that have all schedules attached, another employer letter and at least 6 pay stubs, 
all from the joint sponsor and evidence whatever else was used as the joint sponsor's income if anything else was used.
 

[geowrian 22,336]

On 11/25/2017 at 5:33 PM, US <3 IND said:

Both myself and my father included with the application our 2016 Federal Tax returns, W2 (I provided a foreign form equivalent to the W2), and letters from each of our employers detailing position, salary, and start date of employment. 

Did you both provide pay stubs (6 months of them are requested on the RFE)? I see a history of income and a letter from the employer, but not evidence that the employer is actually paying said income.

[Ebunoluwa 6,136]

14 hours ago, geowrian said:

Did you both provide pay stubs (6 months of them are requested on the RFE)? I see a history of income and a letter from the employer, but not evidence that the employer is actually paying said income.

Exactly my thoughts too.