The very confusing RFE I just received

[The_Sage1 2]

Just when I was thinking for sure we'd receive an RFE about the medical, it turned out to be something totally different. It is actually an RFE about the form I-864A, but it makes absolutely no sense to me.

There is a box checked that reads "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."

First off, I am the one sponsoring my wife and my parents are joint sponsoring in the same household with the 864A. My wife doesn't have a job and isn't legally eligible to work yet. I had no intent to use her "non-existant" income as household income. Where did I go wrong? It seems like the USCIS thinks that I am using her income when in fact she doesn't have a job and never has had one in the USA.

And so they're asking for an I-94(I assume with EAD stamp, EAD or Permanent Resident Card. It seems like they are wanting to know if she is legally eligible to work when in fact I never intended to use her for income. She doesn't even HAVE a job. It seems like they've made a mistake either that or I messed something up on the I-864. Not only that, the letter doesn't even say WHICH household member needs to submit this proof. I assume the letter is directed towars my wife because they wouldn't ask me or my parents for an EAD or Green Card. I don't know what to do. It says on the paper if they don't get the submitted documents they'll just deny her.

Edited April 3, 2010 by The_Sage1

[trailmix 77]

Your parents are both joint sponsoring - what information did you include, for each of them, to prove their U.S. citizenship?

[The_Sage1 2]

I didn't submit any proof of my parent's citizenship. I thought that was a given, but also I didn't know that i needed to submit proof of my parent's citizenship. Maybe that is what this letter is about? I don't think that I submitted any proof of my citizenship either though she got a K-1 visa because of me so you would think that is heavily implied that I am a citizen.

Edited April 3, 2010 by The_Sage1

[The_Sage1 2]

Some other info about my I-864/A: I put my household size is 4. 1 for me, 1 for my wife who is being sponsored and 2 for my parents. We all live in the same house. My wife is the intended immigrant but since she lives here she is a household member, right?

Maybe that this letter really is about them needing proof of mine and my parent's eligibility to work. I did submit the most recent income taxes so I am not sure why they would need it at this point. Any thoughts?

[sachinky 464]

You NEED to provide proof that your parents are both USCs. This requirement is stated in the instructions whereby joint sponsors must prove their USC/LPR status.

Just because YOU are one, doesn't automatically mean that they too would be.

You can use a copy of their USC passport/Birth certificate/certificate of naturalization.

[The_Sage1 2]

I just find the nature of what this letter asking for a bit odd. It almost implies that it's asking for my wife's proof of employment eligibility but I had no intention to use her income. She doesn't even have her EAD yet.

On my I-864 I am the sponsor and on the same form my wife is the intending immigrant. I listed my income on there. There's nothing about my wife having income on there at all. There are two I-864A's, one for each parent. That's pretty much what I have.

I am attaching the RFE Document to this message to give you a better idea of what it says. Please let me know what you think.

[Anh map 2,098]

I just find the nature of what this letter asking for a bit odd. It almost implies that it's asking for my wife's proof of employment eligibility but I had no intention to use her income. She doesn't even have her EAD yet.

On my I-864 I am the sponsor and on the same form my wife is the intending immigrant. I listed my income on there. There's nothing about my wife having income on there at all. There are two I-864A's, one for each parent. That's pretty much what I have.

I am attaching the RFE Document to this message to give you a better idea of what it says. Please let me know what you think.

As Trailmix and Sachinky previously stated, it's asking for proof to legally work in the US for the person(s) submitting the form I-864A. Send copies of their US passport bio pages or US birth certificates.

[Nich-Nick 3,353]

I agree with the others. The RFE statement is a one-size-fits-all so it could refer to an immigrant spouse, but in your case it's that you didn't show how your parents are authorized to be a joint sponsor. Born in the USA means they are authorized to work. Holding a US passport or green card would mean the same thing.

[Kathryn41 3,205]

The 'household member' that they are referring to in the letter isn't your wife - it is your parents. As mentioned above you need to provide proof that they are lawfully in the US and eligible to work. Since they are both US citizens then you need to submit proof of their citizenship - copies of their birth certificates. USCIS never 'assumes' anything - even if it may be obvious.

[justashooter 430]

a short cover letter indicating that:

you (name) are the applicant

your wife (name) is the beneficiary

your parents (name) are co-sponsors

you and your parents are USC, with attached proof

your income, and your parents income, are reported to meet the 125% requirement

your wife is not working

[victorious 0]

I agree with all of what they told you. Perhaps if you didn't submit a birth certificate of your parents as the co sponsor then that's the problem. Just send it if you haven't.

[Lisa and Ian 7]

Just when I was thinking for sure we'd receive an RFE about the medical, it turned out to be something totally different. It is actually an RFE about the form I-864A, but it makes absolutely no sense to me.

There is a box checked that reads "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."

First off, I am the one sponsoring my wife and my parents are joint sponsoring in the same household with the 864A. My wife doesn't have a job and isn't legally eligible to work yet. I had no intent to use her "non-existant" income as household income. Where did I go wrong? It seems like the USCIS thinks that I am using her income when in fact she doesn't have a job and never has had one in the USA.

And so they're asking for an I-94(I assume with EAD stamp, EAD or Permanent Resident Card. It seems like they are wanting to know if she is legally eligible to work when in fact I never intended to use her for income. She doesn't even HAVE a job. It seems like they've made a mistake either that or I messed something up on the I-864. Not only that, the letter doesn't even say WHICH household member needs to submit this proof. I assume the letter is directed towars my wife because they wouldn't ask me or my parents for an EAD or Green Card. I don't know what to do. It says on the paper if they don't get the submitted documents they'll just deny her.

The copy if the i-94 is required evidence of entry for a K-1's AOS filing, per the i-485 instructions. This has nothing to do with the 864.

Regarding the 864A, check to see that you've filled out the top portion with the household member's name (not your wife's name) and you've not checked the box saying that the person is the immigrant.

[Elghazi2008 4]

When I got that RFE, I resubmitted the I-864 and asked that they replace the previously submitted I-864 with it. I was the only sponsor in that case and I had not been thinking clearly when I included my husband's income on my original submission. I just redid the I-864 and stated that he was no longer working because his I-94 had expired. I figured that would be easier than explaining the whole 90 day working allowance thing, etc. on a K-1... Not to mention that we had failed to end his employment for several months after the expiration of his temporary EAD stamp...

The quickest and easiest way to remedy your issue would probably be to redo the I-864 and submit it with copies of yours and your parents' proof of US citizenship (i.e. copies of your/their US Passport biographical page or copies of your/their birth certificates). Just submit an explanation letter with it asking them to please replace the old I-864 with this newly updated one. That should be a satisfactory curative to that particular RFE.

Good luck

[The_Sage1 2]

Elghazi2008, I didn't actually include my wife's income on there. I checked over everything and there's nowhere that I included her income. She's just listed as a household member. So my guess is that they just want a copy of my parent's passport or birth certificate. Anyway, we'll be talking to a local immigration officer tomorrow to see what he says. Thanks all for the help!

[The_Sage1 2]

Thanks for the help everyone! We went to the Omaha USCIS office to speak with an immigration officer and he answered all my questions as well. It looks like I just need to scan my parent's passport or birth certificate.

But one thing I forgot to ask is: Does the employment verification letter sent from the employer need to be sealed?