Jump to content
Sign in to follow this  
tom.in.chi

I-864 RFE

4 posts in this topic

Recommended Posts

Hey all

received my RFE today, and I clearly did a reasonably lousy job following the instructions on the proper filing of the I-864. I have the following questions:

The RFE says:

Please submit evidence that the household member on Form 1-864 [me, the non-US citizen]... was authorized to work in the United States. Examples include one of the following

A copy of Form 1-94, Arrival/Departure Record showing a non-immigrant classification that allows the intending immigrant household member to work lawfully in the United States. Examples include E-I, E-2, E-3, H-IB, H-IBI, H-I C, H2A, H-2B, H-3, I, L-I , TN.

I’m current in the US as a F1 (student) visa holder. All my employment in the US has been on campus- I’ve never worked more than 12 hours/week (in addition to my stipend).

  • 1. What form should I submit to demonstrate that I’m legally able to work on campus? I already submitted my I-20AB to demonstrate that I’ve remained “in status” whilst in the US. Would it suffice just to include a copy of my I-20 with this section?

I’ve read other threads where people advise to exclude an alien’s income from this calculation if the sponsoring resident’s income is sufficient. My wife’s income easily exceeds the poverty guideline for a household of three, but we’ve filed joint tax returns for the three years we’ve lived in the US, so I though it would have been more strange for me to exclude my income from the visa application and then have a different number between my wife’s forms and the tax return.

As has been discussed elsewhere on the forum, there’s a disconcerting repetition in the forms. For instance, they discuss our failure to provide sufficient documentation for our income level, and then ask us to

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 income and 125% (l00% if military) of the federal poverty line.

So I guess I have two more questions.

  • 2. Since they’ve already asked us to demonstrate that we have sufficient income, (via a separate section of the RFE, for which we’re going to submit IRS transcripts) should we go ahead and also complete this section, which is predicated on us having insufficient income?
  • 3. If so, what discrepancy should we try to match with assets? That is, if we’ve used the IRS transcript to demonstrate an income last year of $70,000 (for example), how many assets should we evince to meet three times the difference between this income and three times 125% of $18,530 (the HSS poverty level for a family of 3 in the contiguous 48 states)? Should we just operate on a worst case scenario, assuming no satisfactory demonstration of income, and demonstrate assets of $69,500?

Thanks all, this forum has been a brilliant help thus far.


07/19/11::Day 001 Submit I-130 and I-485 to Chicago Lockbox

07/20/11::Day 002 Delievered at Chicago Lockbox (Priority Date)

07/21/11::Day 003 Receipt Notification from USCIS

07/21/11::Day 003 Checks cashed

07/22/11::Day 004 I-485 Under "Initial Review"

07/22/11::Day 004 I-130 Under "Initial Review"

07/23/11::Day 005 I-485 Touched

07/23/11::Day 005 I-130 Touched

07/27/11::Day 009 Paper NOA (I-485 and I-130)

07/29/11::Day 011 Biometrics Appointment Note

08/02/11::Day 015 RFE Notice Online

08/03/11::Day 016 RFE Notice Mailed

08/06/11::Day 019 RFE Received (I-864 Evidence)

08/09/11::Day 022 RFE Reply sent to Lee's Summit

08/10/11::Day 023 I-485 Touched - RFE response "Under Initial Review"

08/16/11::Day 029 Biometrics Appointment

10/07/11::Day 081 I-485 Touched - "Testing and Interview"

11/16/11::Day 121 AOS Interview -Approved

11/22/11::Day 127 I-485 Touched "Card Production Ordered"

11/28/11::Day 133 I-485 Touched "Card Production Ordered"

11/29/11::Day 134 I-485 Touched "Card Mailed"

12/03/11::Day 138 10 Year Green Card Arrived

12/30/11::Day 165 I-185 Touched "Approved"

 

N-400 Application--5 year residency (Columbus OH field office)

08/11/17::Day   1 N-400 form sent

08/17/17::Day   6 Check cashed

08/17/17::Day   6 NOA

08/19/17::Day  14 Biometrics letter received

08/22/17::Day  17 Biometrics walk-in

09/07/17::Day  28 Email received--"Started interview scheduling process"

10/12/17::Day  62 Email received--"We scheduled an interview"

10/16/17::Day  66 Interview notice received

11/20/17::Day 101 Interview--Application recommended for approval

11/24/17::Day 105 Email received--"Oath Ceremony Notice Was Mailed"

12/19/17::Day 130 Sworn oath in Columbus, OH

01/22/18::Day 164 Receive passport in mail

 

 

 

Share this post


Link to post
Share on other sites

If the US citizen's income is sufficient, do not complete any of the asset information. And don't include the beneficiary's income. Even though you file joint tax returns, the I-864 should only concern the USC's income. Sponsor shows the past years' income with tax transcripts along with copies of the USC's W2's.

For current year's income support the income claim with an employer letter and recent paystubs.

These I-864 FAQ may be helpful to you >>> http://travel.state.gov/visa/immigrants/info/info_3183.html


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites

If the US citizen's income is sufficient, do not complete any of the asset information. And don't include the beneficiary's income. Even though you file joint tax returns, the I-864 should only concern the USC's income. Sponsor shows the past years' income with tax transcripts along with copies of the USC's W2's.

For current year's income support the income claim with an employer letter and recent paystubs.

These I-864 FAQ may be helpful to you >>> http://travel.state.gov/visa/immigrants/info/info_3183.html

Thanks so much for being so timely and precise.

If I may impinge on your expertise and generosity for another moment:

To follow your advice, I definitely allow some sections of the RFE (dealing with the legality of my work, and the volume of assets) to go unanswered. The officer at the NBC sees that we've satisfied one requirement (using IRS transcripts and an employment letter to evince my wife's income)and doesn't care that we've skipped the rest?

Further, is there any problem that this would contradict the other information already provided in my I-130 and I-485 forms?

Again, thanks, I really appreciate it. The stakes are high so please excuse my pedantry.


07/19/11::Day 001 Submit I-130 and I-485 to Chicago Lockbox

07/20/11::Day 002 Delievered at Chicago Lockbox (Priority Date)

07/21/11::Day 003 Receipt Notification from USCIS

07/21/11::Day 003 Checks cashed

07/22/11::Day 004 I-485 Under "Initial Review"

07/22/11::Day 004 I-130 Under "Initial Review"

07/23/11::Day 005 I-485 Touched

07/23/11::Day 005 I-130 Touched

07/27/11::Day 009 Paper NOA (I-485 and I-130)

07/29/11::Day 011 Biometrics Appointment Note

08/02/11::Day 015 RFE Notice Online

08/03/11::Day 016 RFE Notice Mailed

08/06/11::Day 019 RFE Received (I-864 Evidence)

08/09/11::Day 022 RFE Reply sent to Lee's Summit

08/10/11::Day 023 I-485 Touched - RFE response "Under Initial Review"

08/16/11::Day 029 Biometrics Appointment

10/07/11::Day 081 I-485 Touched - "Testing and Interview"

11/16/11::Day 121 AOS Interview -Approved

11/22/11::Day 127 I-485 Touched "Card Production Ordered"

11/28/11::Day 133 I-485 Touched "Card Production Ordered"

11/29/11::Day 134 I-485 Touched "Card Mailed"

12/03/11::Day 138 10 Year Green Card Arrived

12/30/11::Day 165 I-185 Touched "Approved"

 

N-400 Application--5 year residency (Columbus OH field office)

08/11/17::Day   1 N-400 form sent

08/17/17::Day   6 Check cashed

08/17/17::Day   6 NOA

08/19/17::Day  14 Biometrics letter received

08/22/17::Day  17 Biometrics walk-in

09/07/17::Day  28 Email received--"Started interview scheduling process"

10/12/17::Day  62 Email received--"We scheduled an interview"

10/16/17::Day  66 Interview notice received

11/20/17::Day 101 Interview--Application recommended for approval

11/24/17::Day 105 Email received--"Oath Ceremony Notice Was Mailed"

12/19/17::Day 130 Sworn oath in Columbus, OH

01/22/18::Day 164 Receive passport in mail

 

 

 

Share this post


Link to post
Share on other sites

The original I-864 had gaps that needed to be filled. A new, cleaner I-864 will not have those "gaps" and should demonstrate your spouse's ability to meet the requirements.

In your RFE cover letter list what you've submitted in place of the prior I-864 ( for example a new 864 with only income from the petitioner) and how that documents income that meets the requirement.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×