RFE K-1 AOS

[Jia you LuckyStar 0]

Hi everyone,

I'm getting really nervous because I got a RFE for having insufficient tax information. Because my income this year was not enough, I had to find a cosponsor for the RFE. However he took a very long time, and it's very close to the 87 days that they mention on the RFE. Is this 87 days based on the date that is printed on the sheet on the left corner or some other date? And is this date postmarked by? Will I need to do one day delivery?

Also, my RFE asked for household citizenship status, their income statements etc. I filled out the form wrong accidently(put my spouses name where it didn't belong and I guess they thought I was adding him as part of the 125% test). If I have a cosponsor, I don't need to address any of these issues do I? Just have the filled out I-864, tax documents, and citizenship proof?

=/ Should I put his stuff or my stuff first? I know the pink letters go on top, but is a cover letter necessary in this case too?

argh I'm so worried now but I didn't want to rush my co-sponser after he did such a huge favor.

[Otto 83]

The 87 days would be from the date printed on the notice - I would not rely on post-marks, get it in there on/before that end-date.

As for the RFE - it's not entirely clear what you're asking - it sounds like you completed the I-864 (for yourself, as the primary sponsor, regardless of income) incorrectly. I would certainly address this - it sounds like it is part of the RFE - you can't ignore it, it won't go away. If this is the case, I might be inclined to complete a new I-864 - with all necessary supporting documents.

When you say "Should I put his stuff or my stuff first?" - who is 'he'? (The US citizen/spouse? the co-sponsor?)

Edited May 12, 2011 by Otto

[Jia you LuckyStar 0]

My cosponsor? joint sponsor.

I just wanted to double check if I should still put my information in there even though I have a cosponsor.

They're not open on Saturday, so if it arrives on Saturday will that be a problem?

Also this is frightening to me, if the decision becomes a denial(I'm worried if it doesn't get there in time), then is it over and there is nothing you can do? Or do you get a lawyer and repeal?

[JimVaPhuong 4,863]

USCIS considers an RFE response to be "timely filed" if it's received by mail no more than 3 days after the due date. Adjudicators Field Manual, chapter 10.5.

[Jia you LuckyStar 0]

Just as an update, I did send it by express mail. But there was no one to sign for it until the 16th! and then the status didn't get updated until the 18th. I hope the 3 day rule is true...

Now just waiting for the best. Hopefully, everything will turn out okay. Not even sure really what comes next? Interview??

[JimVaPhuong 4,863]

Just as an update, I did send it by express mail. But there was no one to sign for it until the 16th! and then the status didn't get updated until the 18th. I hope the 3 day rule is true...

Now just waiting for the best. Hopefully, everything will turn out okay. Not even sure really what comes next? Interview??

Well, since you didn't tell us what day you got the RFE, the above dates don't mean much to us. What day did the 87 days expire?