2nd RFE: will they hold on EAD?

[Soul Froosh 31]

Feb filer here.

We've just had our 2nd RFE over our co-sponsor (wife's parents).

They run a business and their "wage" is being thoroughly scrutinized.

Is there any chance I might see an update with the EAD in spite of the hold-ups with RFE's?

[Harpa Timsah 13,258]

During RFE all cases are paused.

When you get the RFE, please post it here and get help. Usually they just deny after a failed RFE; it is unusual for them to send a second, so you are already on thin ice. Good luck.

[Soul Froosh 31]

Thanks. Our lawyers are dealing with it the best they can.

USCIS goes straight to them with the RFE, then the lawyers relate to me what I need from my in-laws.

I haven't actually seen any of the correspondence about the RFE.

What happens if they reject after the 2nd RFE?

[Harpa Timsah 13,258]

Oh, yuck to lawyers.

If they screwed up two times already, I would fire them. They should know what they are doing and they are failing.

Get the RFE yourself and figure it out. People here can help.

They could have denied you for failing to properly respond to the first RFE, and they can and most likely will deny if you don't properly respond to the second. I have seen a third RFE once.

[Soul Froosh 31]

No, they didn't screw up.

They responded with what was asked for in the 1st RFE.

Now there's a 2nd RFE asking for more "wage" details since the USCIS are claiming they don't earn enough (when it's clear they do as a business)

They scrutinize businesses heavily since clear cut earnings are hard to show.

My Father-in-law has to now show every business receipt over the last year, after he's already submitted all tax returns and W-2's for the last 3 years.

We'd be completely lost without our lawyers. They have us getting statements from their accountants and all kinds of things we'd never have managed alone.

I hope we can get this resolved finally on this RFE.

[aussie_jason 195]

It shouldn't be difficult to prove income, they should be paying themselves a salary and paying income tax on it and have tax transcripts like everyone else does. If they aren't paying themselves a salary from the business then I could see that being a problem and in that case I would be supplying another co-sponsor.

[Harpa Timsah 13,258]

No, they didn't screw up.

They responded with what was asked for in the 1st RFE.

Now there's a 2nd RFE asking for more "wage" details since the USCIS are claiming they don't earn enough (when it's clear they do as a business)

They scrutinize businesses heavily since clear cut earnings are hard to show.

My Father-in-law has to now show every business receipt over the last year, after he's already submitted all tax returns and W-2's for the last 3 years.

We'd be completely lost without our lawyers. They have us getting statements from their accountants and all kinds of things we'd never have managed alone.

I hope we can get this resolved finally on this RFE.

Okay.

If the lawyers had responded to the first RFE with the correct information, then you wouldn't have gotten a second RFE.

By definition, they failed.

It's not hard to prove wages, but if you've got figured out, I won't take the time. I am pretty sure what is wrong, and it's not about heavy scrutiny (I think that is a line you were fed by the lawyers).

Good luck.

Edited May 7, 2014 by Harpa Timsah

[Soul Froosh 31]

It's okay guys -- I got an answer to my initial question (about EAD)

They don't pay themselves a wage; they have a family business which pays the bills.

All tax returns & W-2s were filed from the get-go.

1st RFE asked for my Mother-in-laws wage as an employee of the business and proof of that.

2nd RFE asked for Father-in-laws business receipts going back a year.

Maybe the lawyers are bullshitting me. Maybe not.

[aussie_jason 195]

They don't pay themselves a wage; they have a family business which pays the bills.

All tax returns & W-2s were filed from the get-go.

1st RFE asked for my Mother-in-laws wage as an employee of the business and proof of that.

That doesn't make sense, if they don't pay themselves a wage then what W-2's were there? What did you provide for the 1st RFE if it asked for something that doesn't exist? It should exist though as they should be filing individual federal tax returns so they should be providing their tax transcripts along with copies of all the schedules as those aren't included in the transcript along with evidence of the business. The lawyer should have known to include all of that with the initial application so even getting an RFE questions their competency in immigration law, are they perhaps the family business's lawyer that is just helping out during the process?

I would be being very careful with this second RFE, if what your lawyer provides isn't acceptable then chances are you will be denied and have to start all over again, including paying all the fees again and at least paying for another sealed copy of the medical if not having to do it again.

[the_waiting_game 5]

I'm with Harpa here. Your lawyers would have seen possible problems at first glance. 2 RFE's with a lawyer doesn't look good. Good luck to you! I hope it ends well.

[Hypnos 6,576]

If your joint sponsors have a business which officially pays them no wages, expect problems.