FIVE rfe's what is going on?

[Aloe 10]

So today I received some mail from USCIS and I was excited thinking it might be something good but of course not. Upon opening the letter I found five RFE's not one but FIVE 2 of them I can understand and was expecting them the others are just, well.....

Two of them were requesting the I-693 and I was expecting this so it was not that much of a shock when I received them. I will be placing the 2 RFE's requesting the I-693 on top of the I-693 envelope and adding a cover letter for this mini package.

The others however, I am completly confused.

1. One is for the I-485 requesting proof that the household members who are sponsoring me (husband and In-Laws) are working legally in the U.S. When I sent the AOS package there was THREE copies of my husbands birth certificate (front AND back) if not more and there was also a copy of both of my in-laws birth certificates attached to their corresponding I-864A What more does USCIS need? For this I was just going to re-submit all of the birth certificates attached to the RFE letter requesting them and add a cover letter to that mini package.

Now it gets into nitty gritty stuff.

2a. The next RFE says "The household member on the petitioner/sponsor's Form I-864, Affidavit of Support/Form I864A, Contract Between Sponsor and Household member must submit all supporting tax documentation (w2s,1099s etc) Submitted to the IRS for the most recent tax year."

Now both of my In-Laws are filing I-864A's and when they do their taxes they file jointly so I only sent ONE copy of all of the W-2's and the 1040 forms is this wrong. I also sent the 1040 and W-2's for the past three years 2006, 2007 and 2008. For this I was just going to resubmit he 1040's and W-2's.

Also when we submitted my husband had only just started working so had no documentation to send as he has not ever filed taxes because he has not needed to. Instead we sent a letter of employment stating his annual income, the letter also stated that his job is secure. We did not send any pay stubs as he had not received any at the time of filing. I did write a letter stating all of these facts and explaining the situation which was obviously looked over, lost or ignored. For this part of it I was going to re-send the letter of employment and attach the 2 pay stubs he has received (he is paid every 2 weeks).

2b. The SECOND part of this Rfe says that Based on documents submitted with from I-864, Affidavit of Support, for the petitioner/sponsor and household member(s), the income did not meet 125% of the federal poverty line for the petitioner/sponsor's household size.

This just does NOT make sense! Even without including my husband's $26,000 my in-laws together made $47,000 in 2008, $53,000 in 2007 and 37,000 in 2006. All they needed to meet was $28,000 so why are they saying that it is not being met?

3a. This one asks for my husband's Federal Income tax documentation which as I stated before he has NONE of. This is also where his letter of employment comes into it and the letter I wrote explaining why he has none of these documents.

For this I was going to send in a third copy of his letter of employment and another copy of the two pay stubs he has received since.

3b. This was a stupid mistake of mine as I overlooked it!! Husband did not sign the I-864a's of course I was going to resubmit the pages he needs to sign. However, I was wondering, Is this why they have said that we did not meet the poverty guidelines? (See 2b.) Because he did not sign the I-864's would they not have counted the income of my mother and father in law and once I send in the signed copies they will then count it?

I feel like I covered most everything they are asking for! Except of course the signatures and the I-693. Can someone please advise me on any of this have I done anything wrong? Is what I am planning to send in going to be sufficient?

Thanks!

[Anh map 2,098]

1 - Did you attach birth certificate copies to each form as needed?

2a - Each person's 864(a) must have the necessary documentation. So father in law's 864a would have all his tax return info and mother in law's would have her information. Each form must stand on it's own. Your husband must complete the 864 and according to the instructions must attach an explanation of why he was not required to file a tax return.

Do your in-laws qualify as household members? Are you all living under the same roof? Or have they claimed your husband as a dependent on their most recent tax return?

2b - $26,000 should be enough to sponsor you. ($18,212 is all that's required for 2 people) Does he have any other dependents or do you? He needs to show proof of income and without supplying any paystubs that would be difficult. Now that he has received some proof of wages you should be able to go it alone. If not, are there any other persons in your in-laws' household?

3a - Your husband must complete the I-864 and according to the instructions (pg 8) must attach an explanation of why he was not required to file a tax return. This is different from not having to pay. Even if he wouldn't owe anything, he still may have been required to file. Your husband must sign the letter as he is the petitioner, not you.

3b - If husband's signature is the only thing missing then he signs and you submit again.

[Gary and Alla 3,694]

So today I received some mail from USCIS and I was excited thinking it might be something good but of course not. Upon opening the letter I found five RFE's not one but FIVE 2 of them I can understand and was expecting them the others are just, well.....

Two of them were requesting the I-693 and I was expecting this so it was not that much of a shock when I received them. I will be placing the 2 RFE's requesting the I-693 on top of the I-693 envelope and adding a cover letter for this mini package.

The others however, I am completly confused.

1. One is for the I-485 requesting proof that the household members who are sponsoring me (husband and In-Laws) are working legally in the U.S. When I sent the AOS package there was THREE copies of my husbands birth certificate (front AND back) if not more and there was also a copy of both of my in-laws birth certificates attached to their corresponding I-864A What more does USCIS need? For this I was just going to re-submit all of the birth certificates attached to the RFE letter requesting them and add a cover letter to that mini package.

Now it gets into nitty gritty stuff.

2a. The next RFE says "The household member on the petitioner/sponsor's Form I-864, Affidavit of Support/Form I864A, Contract Between Sponsor and Household member must submit all supporting tax documentation (w2s,1099s etc) Submitted to the IRS for the most recent tax year."

Now both of my In-Laws are filing I-864A's and when they do their taxes they file jointly so I only sent ONE copy of all of the W-2's and the 1040 forms is this wrong. I also sent the 1040 and W-2's for the past three years 2006, 2007 and 2008. For this I was just going to resubmit he 1040's and W-2's.

Also when we submitted my husband had only just started working so had no documentation to send as he has not ever filed taxes because he has not needed to. Instead we sent a letter of employment stating his annual income, the letter also stated that his job is secure. We did not send any pay stubs as he had not received any at the time of filing. I did write a letter stating all of these facts and explaining the situation which was obviously looked over, lost or ignored. For this part of it I was going to re-send the letter of employment and attach the 2 pay stubs he has received (he is paid every 2 weeks).

2b. The SECOND part of this Rfe says that Based on documents submitted with from I-864, Affidavit of Support, for the petitioner/sponsor and household member(s), the income did not meet 125% of the federal poverty line for the petitioner/sponsor's household size.

This just does NOT make sense! Even without including my husband's $26,000 my in-laws together made $47,000 in 2008, $53,000 in 2007 and 37,000 in 2006. All they needed to meet was $28,000 so why are they saying that it is not being met?

3a. This one asks for my husband's Federal Income tax documentation which as I stated before he has NONE of. This is also where his letter of employment comes into it and the letter I wrote explaining why he has none of these documents.

For this I was going to send in a third copy of his letter of employment and another copy of the two pay stubs he has received since.

3b. This was a stupid mistake of mine as I overlooked it!! Husband did not sign the I-864a's of course I was going to resubmit the pages he needs to sign. However, I was wondering, Is this why they have said that we did not meet the poverty guidelines? (See 2b.) Because he did not sign the I-864's would they not have counted the income of my mother and father in law and once I send in the signed copies they will then count it?

I feel like I covered most everything they are asking for! Except of course the signatures and the I-693. Can someone please advise me on any of this have I done anything wrong? Is what I am planning to send in going to be sufficient?

Thanks!

1. OK, re-send birth certificates. Do not rule out these could have been misplaced

2. Are your in-laws household members of you and your spouse? If yes, then the I-864a is OK. If not they need to send an I-864.

2b. If only ONE person submitted an I-864a then they only count the income of that ONE person, even if it is a joint return. I would suggest BOTH your inlaws complete the I-864a or if not in the saem household as you, then one does the I-864, the other the I-864a, attach all the tax returns and w-2s again

3a. Possible problem here. Many people THINK because they did not make enough money to pay taxes, they do not need to file a tax return. It is very rare that a person does not need to file a tax return, the income level is very low...weekend lemonade stand on the sidewalk low. He may be required to file those returns, which he can do. Also if he ever received a w-2 or 1099 for any of those years he has to file a return, even if it was as a small amount of income. The IRS requires lots of things to be reported and then deducted and say no tax is owed, but you have to do the forms. Simply google 1040/2006, etc. Or 1040ez if he had very little income. There is no penalty for filing late if no tax is owed. When you send new I-864s, update your husbands to show his CURRENT ANNUAL INCOME form his current job, NOT year to date income. If his annual income is $30,000, state it as $30,000, attach the employment letter and what check stubs you have. May as well take this opportunity to update everything.

3b. Sign the forms. It is possible this was a problem for calculating the income but not likely. I think they would have sent an RFE saying "sign the forms" and that is that.

[rebeccajo 14]

If your husband makes 26K, why are you messing about with all these joint sponsors?

[Aloe 10]

1. OK, re-send birth certificates. Do not rule out these could have been misplaced

They must have been misplaced because I have gone through my package and all of the BC were there in the right place. I made two exact copies of what I sent and put them all in order at the same time.

2. Are your in-laws household members of you and your spouse? If yes, then the I-864a is OK. If not they need to send an I-864.

Yes we live with my in-laws.

2b. If only ONE person submitted an I-864a then they only count the income of that ONE person, even if it is a joint return. I would suggest BOTH your inlaws complete the I-864a or if not in the saem household as you, then one does the I-864, the other the I-864a, attach all the tax returns and w-2s again

Both of them did file the I-864a.

3a. Possible problem here. Many people THINK because they did not make enough money to pay taxes, they do not need to file a tax return. It is very rare that a person does not need to file a tax return, the income level is very low...weekend lemonade stand on the sidewalk low. He may be required to file those returns, which he can do. Also if he ever received a w-2 or 1099 for any of those years he has to file a return, even if it was as a small amount of income. The IRS requires lots of things to be reported and then deducted and say no tax is owed, but you have to do the forms. Simply google 1040/2006, etc. Or 1040ez if he had very little income. There is no penalty for filing late if no tax is owed. When you send new I-864s, update your husbands to show his CURRENT ANNUAL INCOME form his current job, NOT year to date income. If his annual income is $30,000, state it as $30,000, attach the employment letter and what check stubs you have. May as well take this opportunity to update everything.

My husband earned NO income in that time. He was working with his sister who was getting a check, paying all of the taxes and then paying my husband out of the money she received after taxes. For some reason this is the only way the place they were working for would do it. However, it has been fixed now after long arguements with the employer and my husband gets his own check.

3b. Sign the forms. It is possible this was a problem for calculating the income but not likely. I think they would have sent an RFE saying "sign the forms" and that is that.

I am still confused with this part I don't understand why they are not counting it.

If your husband makes 26K, why are you messing about with all these joint sponsors?

Because when we filed the AOS he had not done any taxes and had not received any paystubs therefore we had no proof of income.