RFE received - I already sent what they are asking for!

[barbsdesk 0]

Thank all of you for this forum.

I am confused because I believe I have already provided all the information the RFE is asking for.

Did concurrent filing (received March 3) of I-130, EVIDENCE OF BONAFIDE, I-485, I-693, I-864, I-864a, I-765 I-131.

Today I received a 2 page RFE re the I-485. Request for Initial Evidence

Page 1: "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 w3as authorized to work in the United States" and goes on to say "please submit evidence the household member was authorized to work in the United States."

My Canadian husband and I live with my mom and dad. Dad is a USC, born and raised. Our evidence included all requested tax records, pay stubs, SS card, Drivers license and his birth certificate. The birth certificate is the ONLY item on the evidence list that he has - as he was born in the US.

Could it be that they want a certified copy of his birth?

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Page 2 of the RFE is just as confusing (to me)It says "based on documents submitted with for I-864, the petitioner (me) did not meet 125% of the federal poverty line" and that I need to submit evidence of assets or obtain a joint sponsor."

I'm 19, and have no assets - and thus attached an explanatory letter to that effect that I have not filed taxes, etc, and that my father was doing the I-864A which was also in the package.

I'm confused with because it seems I have already provided all the information the RFE is asking for - if I send them the same things again how will that help?

Thank you so much.

[Bobby+Umit 161]

Thank all of you for this forum.

I am confused because I believe I have already provided all the information the RFE is asking for.

Did concurrent filing (received March 3) of I-130, EVIDENCE OF BONAFIDE, I-485, I-693, I-864, I-864a, I-765 I-131.

Today I received a 2 page RFE re the I-485. Request for Initial Evidence

Page 1: "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 w3as authorized to work in the United States" and goes on to say "please submit evidence the household member was authorized to work in the United States."

My Canadian husband and I live with my mom and dad. Dad is a USC, born and raised. Our evidence included all requested tax records, pay stubs, SS card, Drivers license and his birth certificate. The birth certificate is the ONLY item on the evidence list that he has - as he was born in the US.

Could it be that they want a certified copy of his birth?

-------------------------------------------

Page 2 of the RFE is just as confusing (to me)It says "based on documents submitted with for I-864, the petitioner (me) did not meet 125% of the federal poverty line" and that I need to submit evidence of assets or obtain a joint sponsor."

I'm 19, and have no assets - and thus attached an explanatory letter to that effect that I have not filed taxes, etc, and that my father was doing the I-864A which was also in the package.

I'm confused with because it seems I have already provided all the information the RFE is asking for - if I send them the same things again how will that help?

Thank you so much.

Ok - Part 1.

You said "tax records" - did you include the w-2's/1040's/1099's as appropriate? If you didn't include all components for the income evidence - they would kick it back, however, it looks like he didn't prove he was an USC/LPR (for them) so that would explain this part of the RFE.

Send in the "passport" evidence for proof of USC (I would copy the whole thing - but the instructions state just the biographic data page is needed ) - and/or a stamped (certified) copy of the birth certificate.

(unknown why they didn't accept the birth certificate in the first place though - a copy is just required. Was it the long form or short form?)

Part 2.

If your co-sponsor couldn't prove the above (USC/LPR) , his income level cannot be used - so they rejected it because of this. (since you need a co-sponsor)

(I will take it that your co-sponsor makes the poverty level needed to actually sponsor your beneficiary)

If you fix part 1, part 2 will be fixed at the same time.

Edited March 26, 2010 by Bobby+Umit

[trailmix 77]

Yes, as Bobby mentioned, the key here is what exactly did you submit for tax records with the I-864A?

Does your Father file a joint return with your Mother? If so, you are required to submit his slips - W2s, 1099s - any and all slips that accompanied his 1040 - even if you submitted IRS transcripts - so they can determine what is his income and what is your Mother's income.

Edited March 26, 2010 by trailmix

[Bobby+Umit 161]

Yes, as Bobby mentioned, the key here is what exactly did you submit for tax records with the I-864A?

Does your Father file a joint return with your Mother? If so, you are required to submit his slips - W2s, 1099s - any and all slips that accompanied his 1040 - even if you submitted IRS transcripts - so they can determine what is his income and what is your Mother's income.

The W-2's/1099's are on the transcripts - why would you need to submit them separately? Do you have a link to this requirement? I haven't heard of this one yet.

[barbsdesk 0]

Ok - Part 1.

You said "tax records" - did you include the w-2's/1040's/1099's as appropriate? If you didn't include all components for the income evidence - they would kick it back, however, it looks like he didn't prove he was an USC/LPR (for them) so that would explain this part of the RFE.

Send in the "passport" evidence for proof of USC (I would copy the whole thing - but the instructions state just the biographic data page is needed ) - and/or a stamped (certified) copy of the birth certificate.

(unknown why they didn't accept the birth certificate in the first place though - a copy is just required. Was it the long form or short form?)

Part 2.

If your co-sponsor couldn't prove the above (USC/LPR) , his income level cannot be used - so they rejected it because of this. (since you need a co-sponsor)

(I will take it that your co-sponsor makes the poverty level needed to actually sponsor your beneficiary)

If you fix part 1, part 2 will be fixed at the same time.

Thanks for reply!

ALL my dad's tax records were included with his I-864A. THREE YEARS (TAX YEAR 2008, 2007, 2009)of 1040's, supporting schedules, W-2's, 1099's, even state tax filings. Dad is a senior manager, and earned well above the requirements

The reason for the RFE (pg 1) is evidence that my dad is authorized to work in the US.

Dad doesn't HAVE a passport, or any of the other items a non-citizen would have. That's why we sent the birth certificate and social security card. My dad's employer is a well-known NJ company.

How about his voter registration card?

Do you think I should just call them?

[barbsdesk 0]

Yes, as Bobby mentioned, the key here is what exactly did you submit for tax records with the I-864A?

Does your Father file a joint return with your Mother? If so, you are required to submit his slips - W2s, 1099s - any and all slips that accompanied his 1040 - even if you submitted IRS transcripts - so they can determine what is his income and what is your Mother's income.

Thanks for reply. As I said above we sent in 3 years of complete tax records. Mom hasn't worked since 2007 and didn't earn much when she did so although all HERE tax info is complete as well, they are easily differentiated.

[Bobby+Umit 161]

Thanks for reply!

ALL my dad's tax records were included with his I-864A. THREE YEARS (TAX YEAR 2008, 2007, 2009)of 1040's, supporting schedules, W-2's, 1099's, even state tax filings. Dad is a senior manager, and earned well above the requirements

The reason for the RFE (pg 1) is evidence that my dad is authorized to work in the US.

Dad doesn't HAVE a passport, or any of the other items a non-citizen would have. That's why we sent the birth certificate and social security card. My dad's employer is a well-known NJ company.

How about his voter registration card?

Do you think I should just call them?

Ok - you were told not to send state tax filings in the instructions - but that isn't the reason for the RFE.

Must be the birth certificate - is it the long form or short form?

[barbsdesk 0]

Ok - you were told not to send state tax filings in the instructions - but that isn't the reason for the RFE.

Must be the birth certificate - is it the long form or short form?

My dad's birth certificate is actually an amended (he had his name changed as an adult) State of Georgia birth certificate (not certified or stamped)They only come in the one long form.

So you think this is the problem? Do instructions call for the sponsor to send in a certified birth certificate?

If so this is easily remedied.

[trailmix 77]

The W-2's/1099's are on the transcripts - why would you need to submit them separately? Do you have a link to this requirement? I haven't heard of this one yet.

From the adjudicator's field manual, however it is a bit vague - doesn't say - if you submit a transcript don't bother with this - so I suppose it really is open to interpretation.

"If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099".

[Bobby+Umit 161]

From the adjudicator's field manual, however it is a bit vague - doesn't say - if you submit a transcript don't bother with this - so I suppose it really is open to interpretation.

"If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor's own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099".

Ah - I see where your going with this. Yes - if they do not send transcripts - they would need to provide this info. (shows why it's a good idea to send transcripts no matter what)

My dad's birth certificate is actually an amended (he had his name changed as an adult) State of Georgia birth certificate (not certified or stamped)They only come in the one long form.

So you think this is the problem? Do instructions call for the sponsor to send in a certified birth certificate?

If so this is easily remedied.

That is probably the reason - the birth certificate was not accepted as proof.

[pushbrk 13,639]

Ah - I see where your going with this. Yes - if they do not send transcripts - they would need to provide this info. (shows why it's a good idea to send transcripts no matter what)

That is probably the reason - the birth certificate was not accepted as proof.

A photocopy of a certified copy of the birth certificate will suffice. If he doesn't have one, he can order one. The DO sometimes lose things.