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Locket33

Very confused about the RFE letter. Help

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So I am a J1 visa holder and have been married to my husband who is US citizen for 4 years now. I'm currently out of status, it is a very long story why we haven't sent our application years ago.

So on March 13th we sent our application and the checks got cleared, received NOA and biometrics and also did my biometrics last Thursday. A week before than that we received initial RFE letter and I am very confused about what to send. I will explain what the letter says and why I'm confused.

My husband does not make enough so my mother in law was willing to be the joint sponsor and filled out her I-864 form with the proving documents. She makes over $125k over a year.

On the first page it says the joint sponsor on form I-864 must be a US citizen submit evidence of the joint sponsors status. I did forget to send my mother in law's birth certificate so I get this one.

The other one is submit all the tax documentation submitted to the IRS for the most recent year.

The joint sponsor must submit all supporting documents for the most recent tax year. So we did send my husband's tax return for the year 2014 but at the time we sent everything my mother in law haven't done her must recent yet and we didn't include that. Should I send my husbands tax return along with my MIL's even though we already sent it?

Second page, this is where I am most confused about, it says based on the documents submitted with form I-864, for the joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsors household size. So first thing I don't know if this is talking about my husband or MIL but yes my husband does not make enough and that's why we found a joint sponsor who makes over 100 thousand dollars a year... I told her to fill out the form again with all her supporting documents that we already sent(employment verification letter, pay stubs etc) I do not understand why this is happening. I have only one theory that is when she filled out the form and signed the date was jan 1st and we sent everything on March could that be because the date on her form was signed 2 months ago?? I called the customer service and basically they said you should hire a lawyer. Also one other question my MIL is married and she files her taxes jointly but her husband doesn't work so she makes that kind of money by herself. Does her husband need to fill the form I-864A? I didn't tell her to last time because her income is all by herself. Please If there's anyone that could enlighten me with this I would really appreciate it. I sometimes think this could be a mistake on their part even though there's nothing I can do about it. I'm going to send everything next week because the process on my case has been halted. I hope this is everything they ask for because I don't wanna get denial. Thank you

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Anyone filling out an I-864 must provide the required documentation, and a joint sponsor must provide proof of being a USC or LPR. The joint sponsor needed to send a copy of their most recent complete tax return with all forms, schedules, attachments, W-2s and/or 1099s, OR an IRS tax return transcript. Without it, they will overlook any other documents you sent to prove income and state that they do not meet the requirement.

So, you need to send a copy of the joint sponsor's US birth certificate, naturalization, bio page of US passport or front and back copy of green card.

You need to send the complete tax return for 2014 or an IRS transcript. If the spouse is not going to fill out an I-864A and joint sponsor is using a tax transcript, then also provide the joint sponsor's W-2 to show their individual income amount from the joint taxes.

Provide the letter from employer and most recent pay stubs. You can include a statement pointing out the fact that she earns $125k on her own individually and state what proof you have included to show that.

Nothing needed from your husband. They did not request anything concerning the petitioner.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Welcome to the forum.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Welcome to the forum.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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