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lavista

F-1, aos, RFE for on campus employment

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Hi Visa Journey friends,

I have been reading this forum, and I found that these forum members and the posts here have been very helpful. I am hoping to get some guidance in this situation I am in now.

I come as F-1 students (from Indonesia) in 2004, studying in Community college for associate degree.

I transfer to 4 years college, and get Bachelor degree in 2008.

I further my education in graduate school, and pursue a Phd degree directly (without getting a Master degree). I am in ABD (All But Dissertation) stage right now.

I met my wife US Citizen (USC) around 2007, become great friend, and somehow we become girlfriend and boyfriend. Start living together and finally get married at April 2012.

Financial situation currently are:

Wife (USC) – unemployed

Husband (F1, Indonesia) – Teaching Assistantship with annual salary of $25,460.00

I always maintained my F-1 status, always work on campus under 20 hour/ week requirement, and I always have the “International Payroll Form” That my International Student Advisor always require us to have. Teaching Assistantship position is considered as on campus employment.

We decided to apply for the Adjustment of Status through a lawyer. Not sure when the form get sent, but for sure USCIS cashed the check at 9/28/12.

Dated 9/27/12, I received three I-797C for I-485, I-130 and I-765.

Dated 10/3/12, I received another I-797C for what I believe is the biometric in Elizabeth, NJ.

Dated 10/5/12, My lawyer (I have not yet) received the nerve wrecking RFE for I-485. The snippet of the RFE are attached in this post.

Full page photo.pdf

=====================================================

The RFE stated:

“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 on Form I-864, Affidavit of Support, or Form I-864A Contract between Sponsor and Household member, was authorized to work in the United States. Examples include one 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. Example include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, O-1A, O-1B, O2, P-1A, P-1B, P2, P3, Q-1, R-1, TN.

- A copy of a valid Employment Authorization Document issued by US citizenship and Immigrant Service (USCIS).

- A copy of Form I-94, Arrival / Departure Record with “Employment Authorized” or similar annotated by port-of-entry personnel.”

=========================================================

Questions:

1. Since I don’t have the original RFE, can I use the scan of the forms?

2. How should I handle this RFE?

I have I-94, but it is an F-1 visa. I always work on campus, so I never get any EAD (Employment Authorization Document) card.

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It is very tricky when the intending immigrant is using his/her income to meet the requirement. I was a bit concerned when I was filing because I was a F-1 student but was working unauthorized off campus. Anyways, If you can get a cosponsor since your wife doesn't work then that would be the easiest thing to do at this point.

I mean, you were working legally on campus but I don't know what other proof you can send in. The I-20 should already show that you are eligible for on campus employment. I hope someone else chip in and give more info but I would suggest getting a joint sponsor and just exclude your income.


AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

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Filed: AOS (apr) Country: China
Timeline

i am nervous!!! i am now working in a company as intern starting in April and get paid in June because I got my CPT... i hope I won't get RFE like this!!!


- 7/23/2008 came to US with F-1 visa
- 9/11/2012 I-485, I-130 and I-765 package sent to USCIS Chicago lockbox
- 9/12/2012 package delivered and signed by XXX
- 9/14/2012 received email with receipt numbers
- 9/17/2012 check cashed
- 9/30/2012 received hard copy of biometrics appointment on 10/19/2012, notice dated on 9/21/2012
- 10/12/2012 successfully walk-in one week earlier without asking reason at New York Long Island City office
- 11/5/2012 started to work in a new firm
- 11/11/2012 EAD approved!!! AWESOME!
- 11/19/2012 EAD card delivered, one day ahead of my birthday!
- 1/11/2013 received txt and email about interview time
- 2/14/2013 interview - Got APPROVED on the spot!!
- 2/27/2013 USCIS online update - 485 decision!! we mailed you a notice that we had registered this customer's new permanent resident status :) Later, my 130 update too!!!
- 3/4/2013 Card Production!!

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

- 11/24/2014 I-751 package sent to USCIS Vermont Service Center to remove conditions

- 11/25/2014 package was delivered and signed by XXX

- 11/26/2014 check cashed @16:49 before thanksgiving!

- 12/17/2014 bio letter received, scheduled on Dec 30, 2014 11:00 AM

- 12/19/2014 early bio done in Long Island City Office!

Good Luck!!

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Filed: AOS (pnd) Country: China
Timeline

I was in the same situation. Here are the list I submitted for my rfe: ( all photocopies)

1. F1 visa page

2. I94 back and front

3 i20 all 3 pages

3. Full time student verification from my department

4. TA/RA offer letter from advisor and department coordinator stating the funding will be available trough the entire study and the work load is 20hours per week.

5. USCIS documentation stating F1 can work on campus 20 hours per week. ( you can find this online)

6. Pay stub shows that the employer is my school

I also wrote a statement to further explain the situation: Basically i said I am a full time phd student with valid f1 visa. According to USCIS documentation (file number which I don't remember but easily find online), I can legally work on campus without further authorization. I provided the following documents to support my status. I signed the statement and put it on top of all my documents.

I did not submit 864 or tax transcript again because I submitted them in the original package.

20 days after I send it the package, I got my interview notice. Not sure if this would be brought up again on interview but I could keep you posted. :)

Edited by virid

08/21/2012 Sent I-130 and I-485 via Fedex

08/28/2012 email and text for acceptance

09/08/12 NOA1 for 130 and 485 and Biometric appointment for 09/21 (I did not check my mail from Aug30 to Sept8 so I am not sure when exactly I received those....)

09/08/12 Received txt message for RFE on I-485

09/15/12 Received hardcopy RFE letter in mail asking for current EAD card and visa to show legally work in the US

09/18/12 RFE replied via USPS priority

09/20/12 Online status changed to RFE review

09/21/12 Biometric completed

10/11/12 Interview notice received for Nov 13th

11/13/12 interview approved

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Thank you virid, Brian&Ivy, and Newbie608 for the response.

virid, is this the link that you mention?

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82005b46645fe210VgnVCM100000082ca60aRCRD&vgnextchannel=ad3e1921c6898210VgnVCM100000082ca60aRCRD

I will post more if I found anything relevant.

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Filed: AOS (pnd) Country: China
Timeline

08/21/2012 Sent I-130 and I-485 via Fedex

08/28/2012 email and text for acceptance

09/08/12 NOA1 for 130 and 485 and Biometric appointment for 09/21 (I did not check my mail from Aug30 to Sept8 so I am not sure when exactly I received those....)

09/08/12 Received txt message for RFE on I-485

09/15/12 Received hardcopy RFE letter in mail asking for current EAD card and visa to show legally work in the US

09/18/12 RFE replied via USPS priority

09/20/12 Online status changed to RFE review

09/21/12 Biometric completed

10/11/12 Interview notice received for Nov 13th

11/13/12 interview approved

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Filed: AOS (pnd) Country: China
Timeline

to virid,

Is it possible if you can send me an example draft of the statement that my international student office can help me write?

This is correspond to item number 3 that you listed above.

" 3. Full time student verification from my department"

I didn't get one from international student office. Mine was wrote by my program coordinator and printed with the department title. It is very simple. See below:

To Whom it May concern,

I am the graduate program coordinator for department **. I am here to confirm that Ms ** has been a full time graduate student in our department since 2008. Funding for her study is in the form of graduate assistantship: either as a Graduate Teaching Assistant or a Graduate Research Assistant at the compensatory amount of $25000 per twelve month year ($18000 for spring and fall semester and additional $7000 for summer semester). Funding for the remaining years will be in the same form and remain the same compensatory amount. Benefits of this appointment also include full tuition coverage as well as individual health insurance premiums for GA. The time commitment is estimated to be approximately 20 hour per week for a full time position.

If there are any questions, do not hesitate to contact me.


08/21/2012 Sent I-130 and I-485 via Fedex

08/28/2012 email and text for acceptance

09/08/12 NOA1 for 130 and 485 and Biometric appointment for 09/21 (I did not check my mail from Aug30 to Sept8 so I am not sure when exactly I received those....)

09/08/12 Received txt message for RFE on I-485

09/15/12 Received hardcopy RFE letter in mail asking for current EAD card and visa to show legally work in the US

09/18/12 RFE replied via USPS priority

09/20/12 Online status changed to RFE review

09/21/12 Biometric completed

10/11/12 Interview notice received for Nov 13th

11/13/12 interview approved

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Thank you very much virid! You are a great friend!

I send the lawyer the following items. Unfortunately, my lawyer seems to be the "Laissez-faire" type. He don't even want me to know what he send to USCIS, and won't tell me about the cover letter.

However, I did send my lawyer the following:

1. My university enrollment verification form.

2. My university full time definition form.

3. reduced credit form to justify my 1 credit.

4. my old i-9

5. my international payroll form to justify that I have talked to my advisor before taking the on campus employment.

6. offer letter.

it listed my university as my employee and my average work (less than 20 hour per week)

7. USCIS sec. 274a.12 Classes of aliens authorized to accept employment

Section (6)(i) - talk about on campus employment for F-1

8. My university on campus employment website print out.

At this point, I can only hope my lawyer will help me appropriately.

Thank you very much for all of our help!

And I will keep you posted.

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Filed: Lift. Cond. (pnd) Country: India
Timeline

FYI,

I get my greencard and EAD card.

Thank you very much for all of your helps!

Congratulations! well deserved :)


Been married since 2012

Adjustment of status

Jan 19, 2013: I-485, I-765, I-130 sent by FedEx
Jan 23, 2013: received by USCIS Chicago Lockbox
Jan 28, 2013: received email/sms notices with case numbers
Feb 04, 2013: received 3 paper I-797 notices (postmarked Jan 28-30 from Lee's Summit, MO)
Feb 05, 2013: walked in at ASC San Jose for Biometrics (previously scheduled for Feb 25, 2013)
Feb 12, 2013: I-485 online status updated to 'testing & interview', other 2 still state 'initial review'
Mar 11, 2013: I-485 AOS interview scheduled for Apr 10, 2013 (postmarked Mar 08). I-765 status still in 'initial review'
Mar 19, 2013: I-765 online status updated to 'Card/Document Production'
Mar 27, 2013: EAD arrived by USPS priority mail

Removal of conditions

Feb 17, 2015: I-751 sent to USCIS California Center

Feb 19, 2015: NOA issued

Mar 16, 2015: Biometrics at ASC San Jose

Sep 04, 2015: status updated to 'New Card is being Produced'

Sep 11, 2015: GC arrived

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