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i864 RFE: Using Joint Sponsor, but got RFE for petitioner's proof of income.

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Filed: Timeline

Good Day ladies/Gents:

Thank you for much for your anticipated replies and illumination.

I filed the 485, 130, 765, over 7 weeks ago with the supporting applications (864, 693, etc.).

I completed and included two 864's (one for the petitioner and one for the joint sponsor) in the application, however, I got an RFE last week for proof of Petitioner's income since the amount listed on the petitioner's form 864 was a sufficient amount.

1. The joint sponsor's 864 should override the petitioner's 864 right? if YES, why the RFE for the petitioner's 864?

2. We rightly anticipated the petitioner's job switch (although his income from his job at the time of submission/application was sufficient), to a lower paying job, which is why we included a signed 864 from a joint sponsor. The petitioner is currently in-between jobs, and this means that IF he were to get a job letter (from immediate former job - not the original Job) as proof of income, the listed amount would not be sufficient. What does this mean for us?

3. We have pay stubs as far back as 6 months for the petitioner, and a sufficient, but outdated job letter (the original job where is a former employee)? Would this help?

05/05/2016 : RD/FD

05/12/2016 : ND

06/19/2016 : RFIE (485's 864's proof of income) :cry:

06/22/2016 : BIO APT

07/15/2016 : RFIE response received (although they got it 5+ days before) :protest:

07/25/2016 : 485-Case ready to be scheduled for interview :dancing:

07/29/2016 : EAD SR

08/02/2016 : EAD SR completed with response; "Case is currently been reviewed by an officer, you should receive a decision shortly" :crying:

08/09/2016 : Tier 2 officer advised me to continue waiting and hopefully I'd receive a decision "shortly" / Submitted another service request.

08/11/2016 : Still waiting for a reply or for 2nd SR to be assigned to an officer :clock: as of 5:30pm EST

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Filed: Citizen (apr) Country: Ireland
Timeline

1. It doesn't over ride, it is in addition to. You will still need to provide tax returns and proof of whatever income the petitioner has.

2/ 3. I would suggest sending in a new I-864 with updated current income (ie none) and a short cover letter explaining petitioner is between jobs and thus you will be relying on the co-sponsor.

Bye: Penguin

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

no, the petitioner is always the primary sponsor, so he should have proved that he is unemployed or will be unemployed in a letter, therefore needing a joint sponsor

what did he put as current income?

did he send 2015 taxes? he is required to show that he filed taxes if he was required, if he wasn't required to file for taxes, then in the letter he should have explained why he wasn't required to file 2015 taxes

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Filed: Timeline

Thanks for the quick replies.

2015 & 2014 tax returns and the corresponding w2's were sent with the application.

It is vital to mention that both tax returns had insufficient AGI's, but the current income field was filled with the 'sufficient' amount of 20,000USD+ since it was based on his expected current yearly earning at the time as indicated on his job letter.

We anticipated the petitioner's 864 might be an issue which is why we included the joint sponsor 864, however, we did not see this coming.

I guess we would have to send in fresh i864's, and explain the situation in a letter.

Hope that would be accepted by the USCIS since the RFE letter explicitly threatens denial if ALL of the documents they asked for weren't sent??

05/05/2016 : RD/FD

05/12/2016 : ND

06/19/2016 : RFIE (485's 864's proof of income) :cry:

06/22/2016 : BIO APT

07/15/2016 : RFIE response received (although they got it 5+ days before) :protest:

07/25/2016 : 485-Case ready to be scheduled for interview :dancing:

07/29/2016 : EAD SR

08/02/2016 : EAD SR completed with response; "Case is currently been reviewed by an officer, you should receive a decision shortly" :crying:

08/09/2016 : Tier 2 officer advised me to continue waiting and hopefully I'd receive a decision "shortly" / Submitted another service request.

08/11/2016 : Still waiting for a reply or for 2nd SR to be assigned to an officer :clock: as of 5:30pm EST

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  • 3 weeks later...
Filed: Timeline

I responded to the RFE by sending the following: pay stubs, job letter, cover letter, and tax information.

It took over 2 weeks, but the USCIS has finally updated their website stating that "Your response to USCIS' RFE has been received: we will now continue working on your case".

I am guessing the afore-stated statement means the response was OK, and they will now proceed with the case, am I right???

Also, today marks the 75th day from day 1 (in regards to my EAD), However, since it I got an RFE, would it be wise to still call the USCIS or just wait patiently till whenever they're ready to send me an EAD, whenever that is???

Is there a way I can speed up the 765 approval?

Thanks for your anticipated illumination and reply.

P.S. I can find any details on my 765 case online. (the receipt number is invalid :cry: ) ...although USCIS says that it normal.

05/05/2016 : RD/FD

05/12/2016 : ND

06/19/2016 : RFIE (485's 864's proof of income) :cry:

06/22/2016 : BIO APT

07/15/2016 : RFIE response received (although they got it 5+ days before) :protest:

07/25/2016 : 485-Case ready to be scheduled for interview :dancing:

07/29/2016 : EAD SR

08/02/2016 : EAD SR completed with response; "Case is currently been reviewed by an officer, you should receive a decision shortly" :crying:

08/09/2016 : Tier 2 officer advised me to continue waiting and hopefully I'd receive a decision "shortly" / Submitted another service request.

08/11/2016 : Still waiting for a reply or for 2nd SR to be assigned to an officer :clock: as of 5:30pm EST

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Filed: Citizen (apr) Country: Hungary
Timeline

I responded to the RFE by sending the following: pay stubs, job letter, cover letter, and tax information.

It took over 2 weeks, but the USCIS has finally updated their website stating that "Your response to USCIS' RFE has been received: we will now continue working on your case".

I am guessing the afore-stated statement means the response was OK, and they will now proceed with the case, am I right???

Also, today marks the 75th day from day 1 (in regards to my EAD), However, since it I got an RFE, would it be wise to still call the USCIS or just wait patiently till whenever they're ready to send me an EAD, whenever that is???

Is there a way I can speed up the 765 approval?

Thanks for your anticipated illumination and reply.

P.S. I can find any details on my 765 case online. (the receipt number is invalid :cry: ) ...although USCIS says that it normal.

It just means they received it and now will look at it.

For EAD wait out the 90 days before you inquire.

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Filed: Timeline

It just means they received it and now will look at it.

For EAD wait out the 90 days before you inquire.

Thank you so much.

I hope there aren't any other problems with the application :( ... I am pretty sure they received my response 5+ days before they officially stated they received it...smh

About the EAD, I guess i'll just wait. There isn't much I can do and I really don't want to make the wait longer.

05/05/2016 : RD/FD

05/12/2016 : ND

06/19/2016 : RFIE (485's 864's proof of income) :cry:

06/22/2016 : BIO APT

07/15/2016 : RFIE response received (although they got it 5+ days before) :protest:

07/25/2016 : 485-Case ready to be scheduled for interview :dancing:

07/29/2016 : EAD SR

08/02/2016 : EAD SR completed with response; "Case is currently been reviewed by an officer, you should receive a decision shortly" :crying:

08/09/2016 : Tier 2 officer advised me to continue waiting and hopefully I'd receive a decision "shortly" / Submitted another service request.

08/11/2016 : Still waiting for a reply or for 2nd SR to be assigned to an officer :clock: as of 5:30pm EST

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  • 3 weeks later...

Hi there,

I'm wondering about this as I might have a similar situation. No RFIE yet, but I'm anticipating it. Currently day 63 since filing.

My wife knew she was changing her job and so we got a joint sponsor. We sent off the I864 for both, including tax transcripts.

We didn't include any payment proof for her job as it was due to finish 3 weeks later. However, we did include a letter signed and written by ourselves stating that the job was due to finish on the given date and therefore we had chosen to submit a joint sponsor to ensure this wasn't an issue.

The i864 form was submitted prior to her finishing the job so we highlighted her current employment but just set her income to the same level as her latest IRS tax transcript.

Do you think that this likely lead to a RFIE/RFE? Or will the letter we wrote will suffice as "proof of pending unemployment"?

Simon

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Filed: Timeline

Hi there,

I'm wondering about this as I might have a similar situation. No RFIE yet, but I'm anticipating it. Currently day 63 since filing.

My wife knew she was changing her job and so we got a joint sponsor. We sent off the I864 for both, including tax transcripts.

We didn't include any payment proof for her job as it was due to finish 3 weeks later. However, we did include a letter signed and written by ourselves stating that the job was due to finish on the given date and therefore we had chosen to submit a joint sponsor to ensure this wasn't an issue.

The i864 form was submitted prior to her finishing the job so we highlighted her current employment but just set her income to the same level as her latest IRS tax transcript.

Do you think that this likely lead to a RFIE/RFE? Or will the letter we wrote will suffice as "proof of pending unemployment"?

Simon

I have no idea (The USCIS has a mind of its own), however I'll tell you what an expert told me; You must submit proof of whatever you list on a US government affidavit.

We pretty much submitted proof of his income at the time of the application (not after), tax returns. w2's, 4 months pay stubs, letter of employment, and a personal statement stating that we anticipated that his affidavit might not suffice which is why we included an i864 from a joint sponsor.

I guess that was enough for us as the case went on to the next stage after the USCIS received the afore-listed documents.

Again, I am not an expert, so I do not know what would happen in your case.

05/05/2016 : RD/FD

05/12/2016 : ND

06/19/2016 : RFIE (485's 864's proof of income) :cry:

06/22/2016 : BIO APT

07/15/2016 : RFIE response received (although they got it 5+ days before) :protest:

07/25/2016 : 485-Case ready to be scheduled for interview :dancing:

07/29/2016 : EAD SR

08/02/2016 : EAD SR completed with response; "Case is currently been reviewed by an officer, you should receive a decision shortly" :crying:

08/09/2016 : Tier 2 officer advised me to continue waiting and hopefully I'd receive a decision "shortly" / Submitted another service request.

08/11/2016 : Still waiting for a reply or for 2nd SR to be assigned to an officer :clock: as of 5:30pm EST

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I have no idea (The USCIS has a mind of its own), however I'll tell you what an expert told me; You must submit proof of whatever you list on a US government affidavit.

We pretty much submitted proof of his income at the time of the application (not after), tax returns. w2's, 4 months pay stubs, letter of employment, and a personal statement stating that we anticipated that his affidavit might not suffice which is why we included an i864 from a joint sponsor.

I guess that was enough for us as the case went on to the next stage after the USCIS received the afore-listed documents.

Again, I am not an expert, so I do not know what would happen in your case.

Thanks for your thoughts. I guess that I shall wait and will update you if something awry happens :)

We're on Day 68 since our filing/received date having not received an RF(I)E... I'll just cross my fingers.

For clarity, I didn't include pay stubs or a bank statement for my wife because we just listed her current income as the exact same as listed on her IRS Tax Transcript for the previous year (and therefore the exact same as was listed in the section on tax from the previous few years). We considered that income figure to be documented by the IRS Tax Transcript we submitted and therefore that our evidentiary requirements were fulfilled (alongside our signed statement that she was leaving her job two weeks are submitting the AOS, hence why we submitted a joint sponsor). At the time, I looked into the USCIS Adjudicator Policy Manual section relating to the affidavit which didn't make it clear how such a situation would be handled (but equally doesn't outline constitutes documentation that would be considered 'proof' either).

A range of proof was included for the joint sponsor so I guess we shall wait to see if/what they accept. I'll update if (when!? haha) I get an RF(I)E.

Thaaaaanks for taking the time! :)

Simon.

Edited by simonschus
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Filed: Timeline

Thanks for your thoughts. I guess that I shall wait and will update you if something awry happens :)

We're on Day 68 since our filing/received date having not received an RF(I)E... I'll just cross my fingers.

For clarity, I didn't include pay stubs or a bank statement for my wife because we just listed her current income as the exact same as listed on her IRS Tax Transcript for the previous year (and therefore the exact same as was listed in the section on tax from the previous few years). We considered that income figure to be documented by the IRS Tax Transcript we submitted and therefore that our evidentiary requirements were fulfilled (alongside our signed statement that she was leaving her job two weeks are submitting the AOS, hence why we submitted a joint sponsor). At the time, I looked into the USCIS Adjudicator Policy Manual section relating to the affidavit which didn't make it clear how such a situation would be handled (but equally doesn't outline constitutes documentation that would be considered 'proof' either).

A range of proof was included for the joint sponsor so I guess we shall wait to see if/what they accept. I'll update if (when!? haha) I get an RF(I)E.

Thaaaaanks for taking the time! :)

Simon.

Goodluck!!!

You really do not want a RFIE this late. Its been 98 days for me now and no EAD cos of the RFIE.

Just pray and hope for the best, who knows, the evidence you provided might just be sufficient.

PS: while hoping for the best, prepare for the worst.

05/05/2016 : RD/FD

05/12/2016 : ND

06/19/2016 : RFIE (485's 864's proof of income) :cry:

06/22/2016 : BIO APT

07/15/2016 : RFIE response received (although they got it 5+ days before) :protest:

07/25/2016 : 485-Case ready to be scheduled for interview :dancing:

07/29/2016 : EAD SR

08/02/2016 : EAD SR completed with response; "Case is currently been reviewed by an officer, you should receive a decision shortly" :crying:

08/09/2016 : Tier 2 officer advised me to continue waiting and hopefully I'd receive a decision "shortly" / Submitted another service request.

08/11/2016 : Still waiting for a reply or for 2nd SR to be assigned to an officer :clock: as of 5:30pm EST

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