485 / 864 RFE immigrant's income not counted?

[Athos 0]

Hi all.

My wife(intending immigrant) and I filed 485, 130, 864 and 765 last month. She is currently on F1 OPT after graduating last summer.

My income last year was just below what we needed for sponsorship, but adding her income put us at double what was necessary.

We followed the guidelines of the 864 when adding her income, and included her 1040, etc., current paystubs, and letter from her employer stating that her

job was permanent, pending 765 approval, and her projected income for 2011 so that USCIS had proof the income would continue. (As is described in their instructions

for the 864.

We received an RFE/RFI yesterday saying my income on 864 was not sufficient, and asking to provide proof of assests or co sponsor.

There is no mention of denial of her income, or any reference to it at all. Do we need to return the RFE with another copy of her information, and perhaps

a highlighted copy of the instructions? (joking)

Calling USCIS helpline is a joke, I tried one other time to call and ask for clarification on filling out a form and was only told they do not give legal advice. (Trying to find out if

765 was a renewal or new application, since she has a current EAD). If I can't get clarification from them when asking how to fill out their own forms, I'm quite sure

calling about the RFE will just raise my blood pressure some more. I thought of trying to schedule an Infopass appt when we go to the local ASC for her biometrics (a few hours drive),

but that is 2 weeks away still.

I want to remedy this as quickly as possible, her current EAD expires in Sept, and it seems her new 765 has reset until we return the evidence.

I have spent several hours searching the internet and this forum, an still dont have an answer that doesnt involve finding a co-sponsor.

Any advice would be appreciated.

[Harpa Timsah 13,258]

Hmm... tough one.

Can you type exactly what was written on the RFE? The bit about co-sponsor and assets, etc is boilerplate language, but one would hope there was at least one original sentence in there.

Did you say it was a new EAD application, or is there anything other "wrong tick box" simple mistake that would lead the person who reviewed it to ignore the immigrant's income?

You are right, you can include her income if you show it will continue from the same source, etc.

Good luck!

Edited June 28, 2011 by Harpa Timsah

[Athos 0]

Here is the form, and it is indeed boilerplate, nothing specific:

Request for Initial Evidence (1-485)

This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status,

(Form 1-485) without initial information. Submit ALL the information requested below at one time. Failure to do so will

Result in a denial. You must submit the information within 87 (eighty-seven) days to the following address: U.S.

Department of Homeland Security, PO Box 648004, Lee's Summit, MO 64002. Include this letter with your response.

The Service will process your Form 1-765, Application for Employment Authorization (if submitted) within 90 days of the

receipt of your missing initial evidence. This is pursuant to Title 8, Code of Federal Regulations, Section 103.2(b)(lo)(ii).

All copies must be clear and legible. If you submit a document in any language other than English, it must be submitted

with a full English translation. The translator must certify that the translation is complete and accurate, and that he or she is

competentto translate. You must submit both the foreign language document and the English translation.

If you have a question about immigration procedures, or need clarification, please call our National Customer Service Center

(NCSC) at1-800-375-5283 (TTY 1-800-767-1833). This toll-free call center has additional information and, during their

specified office hours, can connect you to live assistance in English and Spanish.

Based on the documents submitted with Form 1-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet

125% (100% if military) ofthe federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets standards must equal the stated difference between the sponsor's household size and 125% (100% if military) of the

federal poverty line.

• Assets must equal the difference for applicant's filing as orphans or a spouse or child of an active duty military member
  
  
• Assets must equal three times the difference for a spouse or child of a United States Citizen.
  
  
• Assets must equal five times the difference for all others.
  
  

Such evidence of assets includes:

• Bank statements covering the last12 months, or a statement from an officer of the bank or other financial institution in which
  
  
• the sponsor has deposits, including deposit/withdrawal history forthe last12 months, and current balance:
  
  
• Evidence of ownership and value of stocks, bonds, and certificates of deposit;
  
  
• Evidence of ownership and value/equity of other personal property and dates acquired;
  
  
• Evidence of ownership, a recent licensed appraisal or county assessment of any mortgage/lien or lien release of any real estate
  
  

If you decide to obtain a joint sponsor they will need to file Form 1-864. provide copies of the most recent Federal Income tax

returns, all supporting tax documents (W-2s.1099s, and tax schedules) and evidence of their status as a United States citizen,

United States National, or Lawful Permanent Resident. For more specific information, see Form 1-864 instructions, page 8, "Use of Assets to Supplement Income" For the most current

version of Form 1-864 including the instructions, go to "Immigration Forms" at

http://www.uscis.gov

or call(800) 870-3676.

And the EAD is a new application, since it will be dependent on AOS, not current F1 / OPT status.

[Athos 0]

It would be nice if there was actually someone to speak to at USCIS for clarification, or reason they did not count her income,

but we all know that is not the case. I had intended to go to our Congressmans office, as they may be able to put more of a point

on it for USCIS, but still hope there is a better way.

[ceadsearc 516]

I can't help with this, but - when you call the 800 number for USCIS, you're reaching a call center, and the people are reading off a certain number of scripts. They don't have the answers to complicated questions. I would call back and try to get put through to an actual officer, or make an Infopass appointment at your local office to speak to someone in person who knows what is going on.

[Darnell 8,478]

when you call USCIS back, ask for Tier 2 human, read ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm prior

[Athos 0]

I have scheduled an infopass appt for next week. We already have our biometrics appt scheduled for the

15th, so we can hopefully get both done at the same time (its a 2+ hr trip one way). I will attempt to have

an joint sponsor fill out an 864 before we arrive, but hope we can get the case going on the evidence we provided.

Does anyone know if we can hand the RFE to the local office, instead of mailing it?

Thanks for everyone's help so far.

I have scheduled an infopass appt for next week. We already have our biometrics appt scheduled for the

15th, so we can hopefully get both done at the same time (its a 2+ hr trip one way). I will attempt to have

a joint sponsor fill out an 864 before we arrive, but hope we can get the case going on the evidence we initially

provided.

Does anyone know if we can hand the RFE to the local office, instead of mailing it?

Thanks for everyone's help so far.

[Brother Hesekiel 2,236]

I agree with Harpa,

that's weird.

When I did AOS, my wife and I included our separate tax returns for year 1 and 2, and our jointly filed tax return for year 3 as we were married by that time. In all of those years, my wife's income would have been way over the required limit, but since we've been living together and both had income and paid taxes on it, all of it was taken into consideration.

If somebody lives abroad it's impossible to guestimate if they will be able to get a job and make money once arriving on US shores; thus, the petitioning US citizen will have to carry the burden as the sole provider, but if the immigrant already has a track record of working and making money and paying taxes in the US, this income should be counted as well.

[Darnell 8,478]

Tier 2 Human, an ISO, can sort out almost everything that is sortable at the infopass appointment.

What's up ?

[Athos 0]

Well, we have our biometrics letter already, so we will just go early and do an infopass next week. Since it is 2.5 hours one way, it will give us a chance

to do them both at one time. Also, I would also like to be able to bring along our copy of the filings, so the officer knows exactly what our submitted

paperwork says.