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False RFE or Not?

#1 MandyBear

MandyBear

    Member

  • PipPipPip


Posted 12 June 2012 - 11:58 PM

I have a lawyer and will be talking to him day after tomorrow when he is back in the office....but I will go insane before then unless I get some sort of information or help.

This is where VJ comes in and thank goodness for that! ;)

Got an email from NVC stating that documents were missing in our Packet 3. The DS-230 and AOS packet.

Now I know there are other threads talking about the False RFE but I would like to go ahead and ask my question and see what you guys think. Since we all think our situation is special. ;)

The NVC is saying:

  • That my Tax Returns are missing for 2011 and/or a letter stating why I didn't file.
  • I did not provide proof of US Domicile.
  • My Father's AOS is missing.
  • My Mother's is incorrectly filled out with my name in the Sponsor line and her's in the Household Member/Joint Sponsor.

But here's the thing.

I have been unemployed and living with my husband IN INDIA since 2009. I provided my 2009 tax returns AND a letter stating that I have been unemployed since then and living in India.

We DEFINITELY included my Dad's AOS and all his tax returns and W2's.

My Mom isn't the Sponsor, I am. She is my JOINT SPONSOR and Household Member just like my Dad is.

So....is the NVC smoking crack or is this a FALSE RFE? What do you guys think? HELP!!!!!!!!!!
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08/2007 - Met at work
10/2007 - Started chatting
05/2008 - He was back in USA for work
07/2008 - Started dating
01/2009 - ENGAGED!
07/2009 - Convinced his family for our Marriage
08/2009 - MARRIED!!
10/2009 - Moved to India
02/2011 - My Father diagnosed with Cancer (since Recovered)
08/2011 - Filed for I-130 during trip to US, hired Lawyer.
08/22/2011 - NOA1.
02/2012 - Still waiting for NOA2 Approval
03/06/2012 - I-130 Approved!!!! Thank you GOD and USCIS!!
05/09/2012 - AOS and DS-230 Checklist from NVC.
05/31/2012 - AOS and DS-230 sent together to NVC.
06/13/2012 - Email from NVC RFE for AOS documents already sent????
07/13/2012 - ANOTHER Email from NVC RFE for AOS documents already signed!!!
8/6/2012 - Packet 4 Received! Interview date assigned!!
9/28/2012 - Immigration Interview - APPROVED!!!

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#2 seema45

seema45

    Member

  • PipPipPip

  • Group: Members
  • Joined: 30 May 2012
  • Country: India



Posted 13 June 2012 - 03:59 AM

Did you read the instruction for I-864 (AOS)? I do not have any idea what you/your lawyer wrote to prove your domicile in USA? Please read the vj form and search pertains to "Domicile"..
If you have a copy of what you sent along with AOS, please verify and double check for the discrepancies which they (NVC) have mentioned.
If you are living outside the US for more than 2 years, you need to prove the Domicile or taking effective steps to establish domicile in US.. (Is this covered in your Letter to NVC along with I-864 package???).
Moreover, did you attach proof of tax transcripts from IRS (including 2011)? If not, did you provide any explanation in the cover letter on why have not filed tax for 2011?

There are many, many thread talking about Domicile, AOS (what to include), Cover letter for I-864 etc.... Specifically see how you can give rebuttal to their RFE for each point....

Good Luck....

I have a lawyer and will be talking to him day after tomorrow when he is back in the office....but I will go insane before then unless I get some sort of information or help.

This is where VJ comes in and thank goodness for that! ;)

Got an email from NVC stating that documents were missing in our Packet 3. The DS-230 and AOS packet.

Now I know there are other threads talking about the False RFE but I would like to go ahead and ask my question and see what you guys think. Since we all think our situation is special. ;)

The NVC is saying:

  • That my Tax Returns are missing for 2011 and/or a letter stating why I didn't file.
  • I did not provide proof of US Domicile.
  • My Father's AOS is missing.
  • My Mother's is incorrectly filled out with my name in the Sponsor line and her's in the Household Member/Joint Sponsor.

But here's the thing.

I have been unemployed and living with my husband IN INDIA since 2009. I provided my 2009 tax returns AND a letter stating that I have been unemployed since then and living in India.

We DEFINITELY included my Dad's AOS and all his tax returns and W2's.

My Mom isn't the Sponsor, I am. She is my JOINT SPONSOR and Household Member just like my Dad is.

So....is the NVC smoking crack or is this a FALSE RFE? What do you guys think? HELP!!!!!!!!!!


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