RFE regarding AOS Form I-134 (or I-864?)

[CB&RB 14]

Hi All,

We recieved an RFE (for my wifes mother's AOS I-485 application - this is not linked to our ongoing 1-130 application) for initial evidence as detailed below, does anyone out there think that this amount of RFE requests maybe due to the simple fact that the form was an I-134 whereas now we beieve it should have been an more normal I-864 - but the RFE doesn't mention that fact at all!!!

I must admit to finding this rather perplexing because they seem to have chosen to cross every box they could!!! So please can someone help explain what they really want!

Here is the first X:

I will add that on the original form I-134 the beneficiary was not listed or named as a household member for support purposes and has never worked in the US and never will as she is 76!!

Second X:

Again beneficiary was not listed or named as a household member for support purposes and has never worked in the US and has therefore never filled any tax returns.

Third X:

As Second X

Fourth X:

This is true up to a point - the petioner is also retired and is just short of the 125% poverty guidline but has more than adequate assets to cover the shortfall which were listed on the form - this one we can accept and may just need to send in more proof of savings/assets.

Fifth X:

They have indicated that a joint sponsor may be the way ahead!!! Crazy - $3600 total shortfall in income (at 3 x shorfall) and declared assets and savings at way, way over that amount!!! Again maybe more evidence could be sent. If this is the case then why don't they (The USCIS) say that and not go around the houses!!

As a foot note the red writing/ringing on the documents were done by the USCIS!!

The hard thing for us as son-in-law (me) and Daughter (my wife) is that this process is hard and confusing enough for the likes of us let alone for our parents at well past retirement age and all they want to do is fianlly see out there twilight years together. So if anyone can explain how we approch the first three X's we would be very grateful.

Regards,

CB & RB

Edited December 16, 2013 by CB&RB

[Pinkrlion 2,610]

For the I-485, you need I-864, not I-134.

You need to include her as a member, plus your wife. So it is petitioner plus 2 beneficiaries. You have to meet the income guidelines for 3.

Does MIL have retirement benefits, as UK retirement benefits are accepted as income for I-485, if she will continue to receive them while in the US.

If I am wrong, someone please correct me.

[CB&RB 14]

Hi Pinkrlion,

Thanks for your reply - I have done some more reading and you are correct we need to file the I-864 - my wife was informed by our local Senators Office to file the I-134 which we now know was incorrect.

I may have not made it clear - my wife does not live with them - so the number is 2.

Yes the MIL does have full retirement beniefits payable from the UK. We did look into this and it can be used as you indicated, but her Hubby is a proud US Vet who wants to support her totally from his income and savings which, as stated, are way above 3 x the shortfall.

So I think it may all revolve around:

1. The incorrect form being filed initially.

2. A lack of proof regarding his assest and savings when the initial pacakge was sent to USCIS.

If anyone has anymore ideas we would be truely grateful. I leave the UK to spend Christmas and New Year with the family out there on Friday so will have an opportunity to review what evidence was sent initially and correct/re-submit while there.

Regards,

CB & RB

Edited December 18, 2013 by CB&RB