Any suggestions for our problem with the I-864 (RFE)?

[Steven and Iulia 0]

Hey everybody,

We had written another thread here. Basically, we got an RFE for our 864. I had put my wife down on there for additional income. I didn't need to, but did it just to be safe. She worked while she was here before we got married. She paid taxes and has proof of employment, but she never had a stamp on her I-90. USCIS wants to see this stamp since I put her on the 864 under additional income. We decided to omit her from the new 864 I am going to fill out along with a letter stating why she will now be omitted from the form. I'm nervous they will give us a denial about this. Anybody have this problem before, and if you wrote a letter to USCIS, what did you write?

Here is what the RFE states:

- 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

Thanks in advance for any help

[littlechewy 0]

I think you are fine. If you are worried about the fact that she was working illegally, then you have nothing to worry about really. The illegal work is generally forgiven upon marriage to a USC. Just be sure to be honest about it on the forms and during the interview if asked.

[KayDeeCee 4,893]

Just send back the RFE with your new I-864 that omits her income. Tell them you are sending a revised I-864 that does not include her income because she was not authorized to work. If they ask about her income at the interview, then just answer truthfully about her working illegally and make sure she stops working right away.