Pending I 485 worried I may need a co sponsor can I resubmit I 864 before denial??

[SallyA 1]

Dear all,

This is my first post so please bear with me. Just a little background. I met my husband three years ago in Senegal he was a US Marine stationed at the US Embassy. Three years and three stations later we were engaged and I was 8 months pregnant with our son. Due to his military status we were able to expediate our K1 Fiance Visa application and it was approved in August 2014. I arrived in the US 2 days after the approval and had our son and then we were married. We submitted my AOS and it was received at the Chicago lock box on November 13th.

Since reading posts about why I 485 petitions have been denied I have become paranoid! To explain, my husband was a US Marine until July of this year then he got a job as a Pest Technician in the meantime because he is in the interview process to become a police officer. We filed an I 864 with just him and no co sponsor because half of his income and his 2013 W2 were military (he made over 32k in 2013) and exceeded the standard automatically and now as a pest tech he makes only 11.50 an hour but with bonuses every pay period which would make his income over the poverty limit. We submitted 6 months worth of pay stubs which included his military and new job. I am worried that the USCIS will just see his base pay and not consider his bonuses and reject our application due to not making enough money.

Therefore I was wondering while our application is still pending is it possible to schedule an infopass appointment to turn in a new affidavit of support with all of our same info and just add a co sponsor (his mother who is an RN) before there is a possible denial or do I just have to wait and see regarding their decision.

Any help will be greatly appreciated thanks!!

[landr 126]

No, it's best to wait for the RFE, if you do get an RFE.

From other posts in this forum where people have submitted information after the initial application without it being requested, USCIS generally don't take too kindly to this and return the information saying that it was not requested.

[Girl from Celebes 588]

Wait until you get RFE. Submit any docs will do nothing until they send official letter ask for further information.

[SallyA 1]

Thanks for the replies! Just 1 more question. Do they always send an RFE before they make a decision? I am worried they might just deny our application without even asking for any additional information or giving us the opportunity to resubmit an I 864.

[landr 126]

An application might get an early rejection (not a denial) if the payment information is incorrect or you've not signed one or more of the forms, for example. There are probably other administrative reasons why the application might get rejected. But they will send the entire package back to you and tell you why it is rejected. All you need to do is to fix the mistake and re-send. To repeat: it is not a denial of the immigration benefit you've applied for, it is a rejection of the package.

If, however, you get a receipt notice (NOA1) then, on the surface and "administratively" your package is complete. That doesn't mean that they won't ask for initial evidence or additional evidence at a later date.

An RFE for the I-864 is common, but that's still not a 100% guarantee. If you think you might get an RFE for the I-864, just prepare the information and get ready to send it if/when you get the RFE notice in the mail. You'll need to send it to the address specified in the notice.

Fingers crossed for you!

Edited November 22, 2014 by landr

[SallyA 1]

Thanks Landr! I did get notifications that they accepted all of our petitions (I filed for Advanced Parole and I 765 at the same time. They also accepted my fee for the I 485 so I know they didnt reject so we will wait and see.

Thanks for the well wishes! I will keep you posted!

[Pitaya 2,576]

It is generally suggested that you wait for the possible RFE. There have been isolated reports of successful matching of the "needles in the [uSCIS] haystack." However, with an RFE there is a reference number that you will use with the returned additional evidence, providing a better chance of the evidence making to the correct adjudicator working on your application.

Good luck on your immigration journey.