I-864 RFE

[imha 0]

Hello everybody,

Got RFE letter few days ago about my I-864, the RFE says:

1. For the household member's income to be considered in the household income, the household's income must have came from a lawful source and earned while the household member was authorized to work in the US.

2. Based on the documents submitted with Form I-864, affidavit of support, for the petitioner/sponser and household member(s), the net value of the assets does not make up the difference between the sponser's income and the poverty guidelines.

So I'm currently working on this RFE and want to make sure that i'm submitting what I need in order not to get another RFE or worse get denied for my AOS application.

This is the case:

our household size is 5 (my wife USC and I + 3 children of my wife's cousie which my wife claims on her last tax return but she in not support them anymore but we included them in our household because that what it says on the I-864 instructions) that makes us to proof that our income is 32,237$

my wife's estimate annual income is 15000$, mine is 13000$ which makes it total of 28000$, we still 4,237$ short but I can use my assets in order to meet the minimums.

I used my savings account on the amout of 24000$ as my assets which should be enough to make up the difference but i still got RFE...why? is it because the money is in bank account outsite US? I submitted a letter from my bank manager that show that I actually have this money...does the money has to be in US?

another thing, i'm on J-1 now, which gives me work authorization that's how made the money legally...I didn't submit any proof of my J-1 visa with the I-864 although I submitted it with I-485 cause i filed them concurentlly so I thought thats enough could that be the problem where they ask for an evidence to proof the money earned from a lawful source?!

This is what I included in the packed that I'm about to send with the RFE letter:

1. RFE Letter

2. letter from my employer

3. letter from vice president in my school where i work saying that I work there legally

4. I-94

5. DS-2019 (my J-1 visa document)

6. Social Security Card

7. Suntrust bank statement showing 30,000$ of savings (will use it as my assets)

8. my wife's passport (to proof that she is a USC)

anything else that you think I should include there or this should be enough?

and should I include a copy of the I-864 that I initially sent? make a new one? do not include it at all?

how much time should it take to get the work authorization (I-765) after I send them the required evidence? I already did my biometrics and got the RFE 3 days after....

Thanks a lot for your help,

Really appreciate any response!

[Nich-Nick 3,354]

I think what happened is you did not submit your work authorization, so they didnt count any income or savings you put down. They only looked at your wife, so concluded that wasn't enough income.

If your wife doesn't support the 3 kids anymore and has no plans to in the future, then don't count them. Explain anything you need to as an additional note. (Please note: The children listed on the income tax return are no longer living in our household or supported by us, therefore we didn't count them on Question # ??)

I personally would send a whole new form with everything like you were starting over, just so they see the whole picture and you don't have to worry that they will match up the old stuff you already sent with the new. You can include a cover letter to explain the children and what new information you have included (work authorization.)

Edited August 10, 2010 by Nich-Nick