RFE ON 1-864 (Initial evidence for form 1-485)

[Joseph13 0]

Thank you my fellow VJ on this site, my wife and i received a yellow letter from USCIS requesting evidence on 1-864, please advice me on this depressing matter.

1.My wife lost her contract hence her job abrupt last month after we had already filed the 1-485

2. should we send the whole 1-485 package again or just the evidence?

She is currently job hunting seriously, in the vent that she gets a job before the 90 days are we to send the old job pay stubs and the current new job? Unfortunately if she remains unemployed what is my fate? thank you am waiting so anxious for some advice.

[Pitaya 2,577]

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[L and T 9]

What exactly did they ask for? I would only sent them what they specifically ask for in their RFE letter, no need to send the whole AOS package again.

[You&Me 8]

Thank you my fellow VJ on this site, my wife and i received a yellow letter from USCIS requesting evidence on 1-864, please advice me on this depressing matter.

1.My wife lost her contract hence her job abrupt last month after we had already filed the 1-485

2. should we send the whole 1-485 package again or just the evidence?

She is currently job hunting seriously, in the vent that she gets a job before the 90 days are we to send the old job pay stubs and the current new job? Unfortunately if she remains unemployed what is my fate? thank you am waiting so anxious for some advice.

Only send what they asked for. However, if they're asking for proof of employment or income, since she is unemployed at the moment, you might want to consider a co-sponsor? what exactly are they asking for?

In regards to whether you should send her old pay stubs as well, that depends on what exactly they asked for. In my case, my RFE requested 6 month paystubs. If that's your case, then she needs to send the pay stubs from her old job if they fit into that 6 month timeline, as well as the new ones.

Please provide more specific info so we can help you!

[Joseph13 0]

Thank you, You & Me and L and T for the replies, below is a copy of the letter:

The petitioner/sponsor's household member income on the Federal income tax return does not meet or exceed 125% (100% if
military) of the poverty guideline. The petitioner/sponsor's household member lists their current income on Form 1-864 as an
amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.
Please submit evidence of the petitioner/sponsor's household member current income. Such evidence should include:
• Letter of employment containing the following:
• Dates of employment
• Nature of the job
• Wages or salary earned
• Number of hours per week worked
• Prospects for future employment and advancement
• Pay stubs or other documentation of pay for the previous 6 months.
• Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities and Social
Security Benefits (only SSA-l099 and/or SSDI-I099)
For more specific information, see Form 1-864 instructions, page 8, "Federal Income Tax Information" For the most current
version of Form 1-864 including the instructions, go to "Immigration Forms" at http://www.uscis.gov or call (800) 870-3676.

Kindly advice does a co-sponsor have to be someone who lives in the same house or it can be a friend living elsewhere?

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[You&Me 8]

You have a few options here...

Does your wife qualify for unemployment benefits? if she can't find a job before your time to submit the evidence expires, money she might get from unemployment benefits CAN be used as income to support you. If it doesn't meet the minimum for poverty guidelines, you can use a co-sponsor, and he/she does NOT have to be a family member. A friend would work as well. Just bare in mind, the co-sponsor also has to meet the minimum requirements to cover his household size plus the intending immigrant (you).

Since your circumstances changed, even if the letter doesn't ask for it, I would re-submit a revised form I-864. Also attach a cover letter to the paperwork you're sending, explaining the situation and detailing everything you're sending and why you're sending it.

If your wife can find a job in the meantime , send everything they request in that letter but regarding the new employment situation. Since they ask for pay stubs for the previous 6 months, this would include pay stubs for her last job as well as the new one.

PS: Your RFE is exactly like mine... my husband recently got a promotion that comes with a new annual salary so we are also sending a new form I-864 even though they don't request it.

[You&Me 8]

Even if your wife can't find a job, or cannot get unemployment benefits, you can still move this application forward, don't give up. Even if she doesn't have an income, you can find a co-sponsor who makes enough money to support both his family and you. If that's the case, both him and your wife should submit a form I-864.

[princeglove 4]

I had the same RFE but iwas a due to a mistake i did when filling the I-864.this mistake cuased an increase in the HOUSEHOLD SIZE,and that made my wifes income ineligible..But i called USCIS and explianed myself.They want to me send a new form and rectify the mistake i did earlier..If u think ur wifes income was good enough at the time of filling,then pls check the total household size u have and make sure u had the right number...If u check and you had no mistake on it,u then need to refile the form

[Joseph13 0]

^{Hello my fellow VJ members, thank you so much for your timely response on my depressing issue. Let me say sorry for the late reply I have been up and down trying to get all options to work. She is still unemployed but got a letter of interview on 26 th August we are hoping for the best. I will keep you all updated.}