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Steven and Iulia

I-864 RFE. Need help.

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We had just received an RFE for the I-864. I had put my wife's income down in the form for the money she made before we were married. The problem is she never had her I-94 stamped with permission to work, but was working with no problems at a department store. USCIS asks for the stamp now, which we don't have. Customs just forgot to stamp the I-94 at JFK when she arrived, but we are about 10 hours away from there. Has anyone one else had this problem? What can we do? We don't want a denial.

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Your wife is not working legally, so she cannot use her income to qualify for the I-864. That stamp does not work for K-1 people anyway, they need an EAD to be able to work legally.

Do you not qualify without your wife's income? If not, then get a co-sponsor.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Your wife is not working legally, so she cannot use her income to qualify for the I-864. That stamp does not work for K-1 people anyway, they need an EAD to be able to work legally.

Do you not qualify without your wife's income? If not, then get a co-sponsor.

I qualify without her income, but was an idiot and put hers down as well. If we have an RFE from this, am I able to just resend it excluding her finances?

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BTW, tell your wife to stop immediately working, as said, she is doing it illegally. There's no such thing anymore for K-1 as having the I-94 stamped as a work authorization. She needs to wait for her employment authorization card to be approved (which, from your timeline, she applied for), or her green card.

Edited by didopage

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

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Depending on exactly what the RFE said, yes you should be able to resend it with just your income and an explanation that she was working without authorization and you are no longer requesting to include her income. I assume she wasn't working under a false identity or failing to pay taxes or anything, right?


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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I qualify without her income, but was an idiot and put hers down as well. If we have an RFE from this, am I able to just resend it excluding her finances?

Yes, I would send a new one and omit her income. Illegal work is not an obstacle to adjusting status, so you won't be in trouble.

Putting the exact text of the RFE here is a good idea... you only get one chance at a redo.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Thanks everybody for your help so far. She hasn't worked after her 90 days expired from coming on a K1. She was paying taxes and working under her identity. Nothing illegal except she didn't have a work permit.

Here is the text from the RFE:

- For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the United States.

- Please submit evidence that the household member form on form 1-864, Affidavit of Support, or Form I-864A Contract between sponsor and household member, was authorized to work in the United States. Examples include on of the following:

  • A Copy of Form I-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-1, E-2, E-3, H-1B, H-1C, H-2A, H-2B, H-3, I, L-1, O-1A, O-1B, O2, P-!A, P-1B, P-2, P-3, Q-1, R-1, TN.
  • A copy of a valid Employment Authorization Document issued by USCIS.
  • A Copy of Form I-94, Arrival/ Departure Record with "Employment Authorized" or similar annotated by port-of-entry personnel

The rest of the RFE says she needs to include W-2's and and tax forms as well.

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Would I need something explaining why I am omitting all of her finances, since the RFE says we need proof of her work permit?

I would, just a letter pointing out that you have a new affidavit without her income.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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