K-2, different replies for our 2 kids

[JessicaS 0]

Hi all,

We've gotten some strange information from USCIS. My husband & I are in the process of getting my stepkid's green cards, via a K-2. For my stepdaughter, we received not only her work authorization, but an appt for interview (she is 12). For my stepson who is 6, we've received a RFE, stating we don't have enough $$ to support him. Together, my husband and my income totals $52,000 and we have no other dependents, so this in itself doesn't make sense. Their application was sent in together. Why the RFE on my stepson and not my stepdaughter?

What does this mean? First, should I worry that they've requested an interview for my stepdaughter (my husband didn't have one and got his GC just fine)? Secondly, do I want to point out this discrepency, because it might make the situation worse? We can ask my dad to sign as a co-sponser, but it would be nice if we don't have too. All the paperwork is a bit invasive and he's already done it for my husband 2 yrs ago.

Thought? Advice?

Thank you!

Jessica

[jacksonville 4]

call USCIS to verify. there must have been a mistake. my fiancee filed Form I-129F but received received an approval for an I-130 from the USCIS. he called up USCIS and the error was rectified. they had our receipt no. mixed up with someone else's.

[mmlz 6]

Perhaps they only consider the USC's income? I'd check that.

[Gary and Alla 3,694]

Hi all,

We've gotten some strange information from USCIS. My husband & I are in the process of getting my stepkid's green cards, via a K-2. For my stepdaughter, we received not only her work authorization, but an appt for interview (she is 12). For my stepson who is 6, we've received a RFE, stating we don't have enough $$ to support him. Together, my husband and my income totals $52,000 and we have no other dependents, so this in itself doesn't make sense. Their application was sent in together. Why the RFE on my stepson and not my stepdaughter?

What does this mean? First, should I worry that they've requested an interview for my stepdaughter (my husband didn't have one and got his GC just fine)? Secondly, do I want to point out this discrepency, because it might make the situation worse? We can ask my dad to sign as a co-sponser, but it would be nice if we don't have too. All the paperwork is a bit invasive and he's already done it for my husband 2 yrs ago.

Thought? Advice?

Thank you!

Jessica

Interviews are rare for K-2s. There is nothing to "porve" except they are the child of the K-1 (birth certificate does that) Our youngest (13 at that time) had an interview scheduled but they never actually interviewed him, just approved his green card. The oldest never had an interview. Go figure.

You need separate I-864s for them, did you provide separate I-864s? $52,000 is enough, did you provide enough supporting documents? The problem with USCIS is that they use so many form letters than they will say something like "your affidavit of support is not adequate" when they actually mean you need to provide some other documentation.

What does the RFE state specifically, can you post the exact wording?

Perhaps they only consider the USC's income? I'd check that.

Actually they WILL include both but you bring up a good point, the other person needs to present an I-864a for a household member. Did you present an I-864a for your income? AND you must present proof of being an LPR in order for yor income to be considered.

Edited February 13, 2012 by Gary and Alla

[JessicaS 0]

Hi all,

Thanks everyone for responding. It's been a crazy week and I nearly forgot I posted this question!

Here's the exact wording:

'Based on the documents submitted with Form I864, Affidavit of Support, for the petitioner/sponsor and household member(s), the income did not meet 125% (100% if military)of the federal poverty line for the petitioner/sponsor's household size'

To address questions:

-I did have separate I864s for each child

-My husband (LPR) did include a I864a for each child

Thoughts?

Thanks again,

Jessica

[Darnell 8,478]

i say someone's eyeballs are broken. Call into USCIS, ask for an ISO, then ask the ISO what's going on, ask if they are certain about the I-864s that were submitted.

Good Luck !