Jump to content
Sign in to follow this  
aosapplicant

I-485 RFE (INITIAL) RECEIVED , I-864 RELATED - PLS ADVISE !

42 posts in this topic

Recommended Posts

Dear Forum member,

I am an AOS applicant. I have an attorney who has submitted an I-130 and I-485 on behalf of my sponsoring spouse (USC) and

myself (applicant/beneficiary).

I have recently received an RFE.

The letter from USCIS states that page 3 of I-864 was missing or wasn't properly filled.

So, my attorney has resubmitted the requested page.

But I have also reviewed the page that was resubmitted and had a confusion as to what would be the proper way to fill it.

My spouse is sponsoring me , she is the only sponsor I have.

The question is:

HOW DO YOU ANSWER THE PART 5 , 21.c. ?

My attorney filled r" next to If you are currently married , enter "1" for your spouse.

I called my attorney and asked why instead of "1" they entered r"

My attorney told me that entering "1" there would confuse the matters and that they have properly filled the field.

I am now very concerned. What if USCIS considers this as an improper filing? And, most importantly, what is the correct way of

answering that question (Part 5, 21.c) ?

Again, I will clarify once more: I AM A SPOUSE OF USC. My spouse filed I-130 to sponsor me and was required to submit I-864 as part of

application. I have filed I-485 (concurrently, as a spouse of USC). She is my ONLY sponsor and I am the ONLY person she ever sponsored (is sposoring now).

To the best of your knowledge, what is the proper way to answer Part 5, Q. 21.c on I-864 Form?

My attorney mailed reply which was received days ago but there is no update on USCIS case status page and

I am really concerned what if the question is improperly answered I what if I get denied for something

so silly as thAt?

Tomorrow I will see my attorney in person, but I wanted to hear from those of you who have filed this form and

are knowledgeable of how to properly answer Part 5 21.c? Is my attorney correct? Do you enter r" or "1" or

some other answer is required?

Please share your opinion (preferably those of you who already were approved or filled the forms a while ago and didn't get RFE

for it).

Thanks!!

AOS applicant

Share this post


Link to post
Share on other sites

That part of the form is supposed to be NUMBERS in the boxes. Not letters. Your lawyer is screwing stuff up for you.

Edited by Inky

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites

Here is even the example form that shows you how to fill it out - http://www.visajourney.com/examples/INS-Form-I-864.pdf


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites

That part of the form is supposed to be NUMBERS in the boxes. Not letters. Your lawyer is screwing stuff up for you.

Exactly!! How did he come up with R as an answer? What is the R supposed to mean? IT's kinda stupid he has screwed it up twice as the instructions are pretty clear. If I were you I would get rid of him/her and would do it myself, no need for a lawyer when this site is also extremely helpful!


K1 visa
Filed I-129: Dec 3rd 2010
Interview: July 6th 2011 APPROVED!


AOS
Filed: Oct 4th 2011
AOS Interview: Feb 7th 2012 - RFE sad.png
AOS Approved: Feb 9th - without sending RFE
Green Card received: Feb 17th smile.png

ROC

Filed: Nov 13th 2013

Approved: March 13th 2014

Share this post


Link to post
Share on other sites

Yes....it's for determining household size. That box should indicate (1) because she is sponsoring you and she is your wife. Quite straight forward.


AOS TIMELINE (adjusting from F-1)


  • 06/24/2011 Wedding
  • 02/27/2012 Day 01 Filed AOS packet for (I-130, I-485 & I-765)
  • 02/29/2012 Day 03 Packet received @ Chicago lockbox (signed by "D Colonna")
  • 03/01/2012 Day 04 USCIS officially receives I-130 & I-765 paperwork according to their site.
  • 03/05/2012 Day 07 USCIS Acceptance (email) notification "NOA1" routed to NBC for processing.
  • 03/08/2012 Day 10 Checks cashed by USCIS.
  • 03/09/2012 Day 11 Received biometrics appointment letter; (appt. date= 03/27/2012)
  • 03/12/2012 Day 14 Hard copies (NOA1) received.
  • 03/15/2012 Day 17 RFE (requesting initial evidence) for I-485 sent (USCIS site.)
  • 03/20/2012 Day 22 RFE received (I-864 tax supporting evidence required for both petitioner + sole joint sponsor)
  • 03/27/2012 Day 29 Biometrics appointment @ local USCIS office successful. I-485 RFE responded to.
  • 04/03/2012 Day 36 USPS delivers on 3/29; USCIS officially receives RFE response (RFE Response Review)
  • 04/16/2012 Day 49 EAD approved email! Card production ordered.
  • 04/25/2012 Day 58 EAD card in hand; Get my new job on same day! smile.png
  • 04/27/2012 Day 60 USCIS mails notice for AOS interview
  • 06/01/2012 Day 95 AOS Interview (no decision)
  • 06/20/2013 Day 479 Still in limbo...waiting. sad.png (Reapplied for 2nd EAD and was approved tho)
  • 07/17/2014 Day 871 I130/I485 AOS approved.
  • 07/25/2014 Day 889 10 yr GC in hand! :)

Share this post


Link to post
Share on other sites

Exactly!! How did he come up with R as an answer? What is the R supposed to mean? IT's kinda stupid he has screwed it up twice as the instructions are pretty clear. If I were you I would get rid of him/her and would do it myself, no need for a lawyer when this site is also extremely helpful!

I have NO IDEA why r" was entered as answer to Part 5 21.c , therefore wanted to ask forum members' opinion.

I have an appointment scheduled with the attorney tomorrow in the morning.

I think I will FEDEX proper answer to USCIS myself, but I am concerned what the PROPER answer is and

whether (considering the fact he already sent this TWICE) my petition will be denied REGARDLESS of what I resubmit on my own?

What can I do?

Share this post


Link to post
Share on other sites

Exactly!! How did he come up with R as an answer? What is the R supposed to mean? IT's kinda stupid he has screwed it up twice as the instructions are pretty clear. If I were you I would get rid of him/her and would do it myself, no need for a lawyer when this site is also extremely helpful!

Iv got no idea what R could mean in this situation... only the lawyer knows what his/her made up dreams are i think lol...

I agree with getting rid of the lawyer. If the lawyer cant fill out a simple form with the instructions telling you to put the number... thats pretty bad.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites

Iv got no idea what R could mean in this situation... only the lawyer knows what his/her made up dreams are i think lol...

I agree with getting rid of the lawyer. If the lawyer cant fill out a simple form with the instructions telling you to put the number... thats pretty bad.

Getting rid of a lawyer is easy. If he made other errors, who will be held responsible for outcome?

As a lawyer he must abide by ethical guidelines and if I am denied due to his error I can at least file

the claim with arbitration committee and have legal basis for reconsidering if I ever end up in court

due to mistake made by lawyer.

Also, getting rid of lawyer now won't get my money back , plus anything that happens I will be blamed for

as he can say "He fired me and there was nothing I could do about it".

No, this is not about firing and getting rid of attorney. Foremost of all, this is about how to PROPERLY answer

a question. Have any of you reading this topic gone through i-130/i-485 application? When you filled i-864 what did you

answer? (assuming you have been through and didn't get an RFE for it, you must know by know what was proper answer).

What can I do to correct it if my lawyer answered it incorrectly? How do I know what is correct answer?

Edited by aosapplicant

Share this post


Link to post
Share on other sites

No, this is not about firing and getting rid of attorney. Foremost of all, this is about how to PROPERLY answer

a question. Have any of you reading this topic gone through i-130/i-485 application? When you filled i-864 what did you

answer? (assuming you have been through and didn't get an RFE for it, you must know by know what was proper answer).

What can I do to correct it if my lawyer answered it incorrectly? How do I know what is correct answer?

I posted a link above for you of the example form - it shows you how to fill out the form correctly.

Yes i know how to fill out the I-864 we filled it out for our process we used the correct number " 1 " just like the instructions and the guides and the example forms show. We had no RFE and no problems.

Right now you cant do anything to correct his mistake - he made the same mistake twice, its possible they will RFE again or deny the petition because he was already sent an RFE for a corrected form and did not send a corrected form but sent another incorrect form back to them.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites

Is "r" a number? That attorney is silly. So, when he added everything to get the totals, did he put 2 or "r1"? He did it incorrectly. R is not a number and he knows better.


STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

Ccut.jpg.png

Share this post


Link to post
Share on other sites

It was confusing for me at the beginning as well, but the form specifically states not to count same person twice. I followed the sample on this forum. It was kind of strange to put "0" after "if you are married" question, but my wife was already counted as a beneficiary.


Wife's USCIS Journey

02-27-2012 Mailed I-130, I-485 and I-765 to Chicago by Priority Mail

02-29-2012 Post Office website shows as delivered

03-01-2012 USCIS received I-130, I-485 and I-765

03-05-2012 Received 3 text and 3 email receipt notifications

03-07-2012 $1,490 poorer - both checks cashed

03-12-2012 Received NOAs for all 3 applications

03-16-2012 Received Biometrics Notice for Apr. 2

03-19-2012 Successful Walkin Biometrics

04-09-2012 Received text/email about scheduled interview for May. 11

04-12-2012 Received a hard copy of an interview letter

05-04-2012 Received a notification "Card Production Ordered" for EAD.

05-09-2012 Received another notification "Card Production Ordered" for EAD.

05-10-2012 Received notification that EAD was mailed.

05-11-2012 AOS Interview at 12:30 no final decision

05-11-2012 Notification "Card production ordered" at 3:30 pm. APPROVED!!!!!!!

05-14-2012 Received EAD card in mail and I-130 approval notification

05-15-2012 Received hard copies of I-130 approval, welcome to USA letter and a notification that green card was sent

05-21-2012 Green Card Received!!!!!!!!!!!!!!!

05-23-2012 Applied for SSN

***Counting down to RoC***

Share this post


Link to post
Share on other sites

I don't think you should worry as long as he "Add together lines and enter the number here. Household Size" (21.h) In your case will be "2" if he entered 2r -then that's another story.


USCIS
July 15, 2011 - NOA 1, Jan 24, 2012 - NOA 2

NVC
Feb 8, 2012 - NVC # & Invoice ID # Received
Feb 8, 2012 - Emailed NVC DS-3032 ( choice of agent ) Accepted!
Feb 9, 2012 - AOS Fee Paid
Feb 10, 2012 - AOS bill shows Paid :-)
Feb 10, 2012 - IV bill Paid (In Process)
Feb 14, 2012 - IV bill shows In Process, Fee was withdrawn from Bank Account. So,is PAID :-)
Feb 14, 2012 - IV bill shows Paid.
Feb 17, 2012 - AOS and IV Packages Sent to NVC, same envelope :-)
Feb 21, 2012 - AOS and IV Packages RECEIVED by NVC
Feb 24, 2012 - AOS Accepted.
Feb 24, 2012 - IV RFE "Original Marriage Certificate" It was included. Waiting for supervisor to review Marriage Certificate (10 - 15 days)
Mar 20, 2012 - RFE Sent
Mar 22, 2012 - CASE COMPLETE

Embassy ~ New Delhi
April 10, 2012 - Received Email, Interview Date: May 9th! Yeeey!
April 16, 2012 - Medical Exam
May 09, 2012 - INTERVIEW = AP
Jul 03, 2012 - Called DoS AP OVER, VFS's website says passport was handed over to Blue Dart, Waiting for delivery :-)

Jul 06, 2012 - VISA IN HAND (Visa was issued on July 2nd)

POE
Jul 17, 2012 - SAN DIEGO

July 28, 2012 - Welcome Letter Received
July 31, 2012 - Green Card Received
Aug. 01, 2012 - Applied for SSN
Aug. 07, 2012 - Received SSN Card :-) yeeeeeeey! Time to look for a job!

ROC I-751

May 08, 2014 - Sent I-751 to CSC

May 14, 2014 - NOA Received (Dated: 5/09/2014)

May 14, 2014 - Check Cashed

June 12, 2014 - Biometrics Appt.

Share this post


Link to post
Share on other sites

Thanks everyone for your input!

I will provide more details that may help to get a better understanding of my initial question:

1. My spouse is USC

2. She is my ONLY sponsor and NEVER sponsored anyone before.

3. We have 2 kids together.

4. Our household size is FOUR (me, my wife and 2 kids).

I have copy of I-864 filled by my attorney in front of me.

I am looking at PART 5 (USCIS sent RFE for INITIAL evidence , stating that Page 3 of I-864 is missing or not filled).

My attorney re-submitted what he mailed to USCIS earlier.

Here are the ANSWERS he put:

21. Your household size- DO NOT COUNT ANYONE TWICE

a. Enter the number you entered on line 10 (two square boxes next to Q, attorney entered 1 on first (left ) square and blank on second(right) square.

Persons NOT sponsored in this affidavit:

b. Yourself (one square box next to it, attorney entered large number 1 )

c. If you are currently married , enter "1" for your spouse. (one quare next to Q, attorney entered something that looks like r", I am not sure if it he tried to enter "1" including quotation marks and got the part of it cut due to format, or whether he really entered r", but it does look like r"

To d. If you have dependent children, enter number here he answered with number 2 entered on left square and blank on right, so I assume he tried to enter 2 , as this is number of children me and my wife have.

He left blank e., f., g., and entered 4 on second/right square , next to Household Size:

I have a feeling that he didn't properly file this form. I personally am confused as it seems utterly self contradictory to enter either 1 or 0 on 21.c , but I do not think what appears as r" is the proper answer there.

I called him on the phone today and he insisted that it was filled out CORRECTLY , so I am planning to see him in the morning tomorrow. My case may have already been damaged beyond repair and it is very tragic if stupid mistake such as this result in petition denied and me having to prove the Judge in court that 2 + 2 is 4. But I want to know if there is anything that I can do before it's too late? I still have more than 60 days left to answer this RFE, I will do my best to correct it, but how do I know what is right and what is wrong?

This is so screwed up, I hired and paid an attorney to avoid this sort of errors and now I have to find out what the correct answer to a question on 864 form is!!

Can anyone share expert opinion and give me assurance if and what is wrong with the way this form is filled?

Thank you ALL for your input on this thread, it is greatly appreciated!

Edited by aosapplicant

Share this post


Link to post
Share on other sites

I know exactly what you mean by saying "I personally am confused as it seems utterly self contradictory to enter either 1 or 0 on 21.c" If you are married, it suggests you put 1, but since you are already counted as a beneficiary, then you should put 0. I filed for my wife this week, and decided to put 0 in that box. I'll keep you posted how it turned out.


Wife's USCIS Journey

02-27-2012 Mailed I-130, I-485 and I-765 to Chicago by Priority Mail

02-29-2012 Post Office website shows as delivered

03-01-2012 USCIS received I-130, I-485 and I-765

03-05-2012 Received 3 text and 3 email receipt notifications

03-07-2012 $1,490 poorer - both checks cashed

03-12-2012 Received NOAs for all 3 applications

03-16-2012 Received Biometrics Notice for Apr. 2

03-19-2012 Successful Walkin Biometrics

04-09-2012 Received text/email about scheduled interview for May. 11

04-12-2012 Received a hard copy of an interview letter

05-04-2012 Received a notification "Card Production Ordered" for EAD.

05-09-2012 Received another notification "Card Production Ordered" for EAD.

05-10-2012 Received notification that EAD was mailed.

05-11-2012 AOS Interview at 12:30 no final decision

05-11-2012 Notification "Card production ordered" at 3:30 pm. APPROVED!!!!!!!

05-14-2012 Received EAD card in mail and I-130 approval notification

05-15-2012 Received hard copies of I-130 approval, welcome to USA letter and a notification that green card was sent

05-21-2012 Green Card Received!!!!!!!!!!!!!!!

05-23-2012 Applied for SSN

***Counting down to RoC***

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.
×