I think I got an RFE but I'm not sure! HELP :(

[spicer650 0]

Hello all again, back with yet another question. A little background: We first started this process as a K1 visa, we were now applying for AOS and Work permit after her visa was accepted and she is already in the country, we’re already married etc. I am NOT the main support on her forms though, my mother is because my tax forms cannot prove that I make over the poverty limit. I am the petitioner obviously though.

We have had my wife’s AOS and work permit forms in for a few weeks now and we received a biometrics appointment AND a yellow request for initial evidence paper (separate mail not in the same). Anyways there were two yellow forms included the first one says

X For the household member’s income to be included in the household income, the household member’s income must have been from a lawful source and earned while the household member was authorized to work in the United States.

In order to process your application further, submit evidence that the household member on form I864 Affidavit of Support or form I864A contract between sponsor and household member, was authorized to work in the United States. Examples include one of the following:

A copy of form I-94

A copy of a valid employment auth document

A copy of form I94 showing employment authorized

A copy of a valid form I-551 or lawful permanent resident card

A copy of a birth cert

Copy of cert of naturalization

A copy of a certificate of citizenship

The next yellow paper inside of the mail was almost identical but just a little bit more short. Everything was the same except for the fact that under what needed to be sent in it says

X The household member on form I-864A contract between sponsor and household member, failed to submit proof of current income.

In order to process your application further, you need to submit evidence of the household member’s current income. Such evidence should include:

Letter of employment containing the following:

Dates of employment

Nature of the job

Wages or salary earned

Number of hours per week worked

Pay stubs or other documents of pay for the previous 6 months

Now all of this is fine and dandy but I’m not exactly sure what they’re asking for, in regards to who it should be for and the last thing is that we sent all of this information in with our AOS packet, we didn’t leave a single thing out, we sent W2’s and all :/ Any help will be greatly appreciated though, thanks again VJ!

[Nich-Nick 3,354]

Does your mother live in the house with you?

Is she a US citizen? It sounds like she isn't from what they are asking for. You have to send proof of the co-sponsors citizenship. A US birth certificate or passport bio page if a USC. Or the things they requested if not. Does that help with that one?

I guess you should just copy all the income proofs again like the tax forms with W2s as well as more information on her job like they requested.

[Old Dominion 26]

If your mother is a Legal Permanent Resident (which it seems that she is) then they are asking for documentation of that fact and that she has a green card. Otherwise, if she is a US citizen, proof of her citizenship -- maybe even her birth certificate, if she is a native of the U.S. Otherwise, I assume you provided all of her financial information as listed on the sponsorship forms.

[michellemilitza 1]

The same thing happened to us. We got an RFE and my mother is also the cosponsor. So Yes, you have to either send proof of citizenship or residensy by making copies of docs such as: her green card, or her BC (if she was born here) her passport, etc. I sent the RFE packet w/ copies of my mom's BC and Passport, the yellow sheet of paper, and a copy of the Affadavit. As long as you send that info you're good. It took about 2 weeks to get the ball rolling again, but we gor our EAD and AP in less than 2 months after that. Good luck!

Edited January 7, 2009 by michellemilitza

[spicer650 0]

Awesome, yes my mother is a US citizen, she was born and raised here in Ohio. Should I just send the birth cert then or should I also include the support forms again for her?

Also yes she does live at the same residence at the current moment.

[spicer650 0]

Anyone know? I wanna get this sent back out ASAP, just didn't know if I should include her work info again or what the deal was.

[alexpapa 4]

X The household member on form I-864A contract between sponsor and household member, failed to submit proof of current income.

In order to process your application further, you need to submit evidence of the household member’s current income. Such evidence should include:

Letter of employment containing the following:

Dates of employment

Nature of the job

Wages or salary earned

Number of hours per week worked

Pay stubs or other documents of pay for the previous 6 months

Read that again, whoever filled out form I-864A needs to provide those items below.

[Otto 83]

Anyone know? I wanna get this sent back out ASAP, just didn't know if I should include her work info again or what the deal was.

Without knowing what you submitted exactly and/or what your co-sponsor (mother) submitted exactly, it's difficult to say what they need versus what they got.

What documents (supporting documents) did you (the Sponsor) send with the I-864?

What documents (supporting documents) did the co-sponsor (mother) send with the I-864A?

[spicer650 0]

My wife sent everything and shes not sitting right here but I believe for my mother (sponsors) support we sent just about all of her tax info, we sent in her W2's etc and I believe we did the same for myself, we also sent in a paper from her showing her expected pay raises in the school district that shes a speech therapist for.

Edited January 16, 2009 by spicer650

[spicer650 0]

My wife sent everything and shes not sitting right here but I believe for my mother (sponsors) support we sent just about all of her tax info, we sent in her W2's etc and I believe we did the same for myself, we also sent in a paper from her showing her expected pay raises in the school district that shes a speech therapist for.

We're getting ready to send out our RFE return and this is what we included.

Sponsors (mothers) evidence return:

Direct deposit/payment records for the last 6 months

Copy of her passports biographical page to prove citizenship as an American

Letter from employer stating where she works, that shes still working and numbers for contact

Federal tax returns for the 2008 year

Also included a copy of the affidavit that we sent with the original package incase they needed that

For myself what we sent in for the return:

Copy of passports biographical page

Federal tax return for 2008 year

Copy of the original affidavit with the AOS package

Should we have sent in anything extra? I hope not because we're leaving now to mail it out

[Nich-Nick 3,354]

I think that sounds like you covered everything. Good luck!