RFEs for I-130 and 485

[Wierobles 8]

Hi, everyone!

 

Yesterday we received a mailed RFE for I-130 (my husband to submit authenticated birth certificate or unexpired passport) and I-485 (submit I-864, complete and correctly computed household size income both from my husband and our joint sponsor). By the way, we hired a lawyer to assist us in submitting out forms (130, 485, 864, Advance Parole and EAD) to ensure compliance of requirements.

 

I need your opinion on the following:

 

a) the RFE we received is clear and simple. We want to do it on our own sans the lawyer. But we are not terminating the lawyer service. 

 

b) our lawyer submitted original tax documents and W2 so we would be requesting from my husband’s CPA new tax documents. I remembered that when my husband and sister (joint sponsor) signed the I-864 our lawyer affixed his signature, too. How will this affect our intention to do letter a? According to our lawyer, he submitted all original documents we provided them to the USCIS.

 

c) since we received RFE, is there likelihood that there will be succeeding RFEs to be sent to us? Or after reviewing our application, these are the only evidence the IO wants from us?

 

Your time to reply will be highly appreciated.

 

Thank you.

 

WieRobles

[paulsquare 76]

I suggest to work with your lawyer. Let her know that you received RFE.

[little immigrant 800]

What's the RFE asking for? 

[Wierobles 8]

39 minutes ago, little immigrant said:

What's the RFE asking for? 

The following are being requested:

a) authenticated birth certificate of my husband OR unexpired passport with a 10-year validity;

 

b) complete and correctly computed household size income of my husband; and

 

c) complete and correctly computed household size income of my sister (joint sponsor).

 

[Wierobles 8]

53 minutes ago, paulsquare said:

I suggest to work with your lawyer. Let her know that you received RFE.

We informed the lawyer as soon as we read in the Case Status Tracker that the RFE was mailed last April 23. We also informed the lawyer this morning as soon as we got hold of the letters. 

[NikLR 13,220]

~~moved to AOS from work, tourist, and student visas from IR1/CR1 process and procedures.  IR1/CR1 does not require I-485. ~~

[junkmart 320]

On 4/30/2019 at 3:04 PM, Wierobles said:

Hi, everyone!

 

Yesterday we received a mailed RFE for I-130 (my husband to submit authenticated birth certificate or unexpired passport) and I-485 (submit I-864, complete and correctly computed household size income both from my husband and our joint sponsor). By the way, we hired a lawyer to assist us in submitting out forms (130, 485, 864, Advance Parole and EAD) to ensure compliance of requirements.

 

I need your opinion on the following:

 

a) the RFE we received is clear and simple. We want to do it on our own sans the lawyer. But we are not terminating the lawyer service. 

 

b) our lawyer submitted original tax documents and W2 so we would be requesting from my husband’s CPA new tax documents. I remembered that when my husband and sister (joint sponsor) signed the I-864 our lawyer affixed his signature, too. How will this affect our intention to do letter a? According to our lawyer, he submitted all original documents we provided them to the USCIS.

 

c) since we received RFE, is there likelihood that there will be succeeding RFEs to be sent to us? Or after reviewing our application, these are the only evidence the IO wants from us?

 

Your time to reply will be highly appreciated.

 

Thank you.

 

WieRobles

If you feel that your attorney made a mistake or failed to include evidence you provided, then I would suggest you reply to the RFE on your own so that you get it right this time. If/ when I receive an RFE, that is what I plan to do.

 

b) Tax documents alone may not be sufficient, unless they are complete, meaning 1040 (or equivalent), W-2, 1099, all schedules, etc. It is highly recommended that you obtain Tax Return Transcripts from the IRS, instead. You can find the requirements in the I-864 instructions

 

c) no way to know the answer to this. It depends on how complete your initial application was.

[Wierobles 8]

3 minutes ago, junkmart said:

If you feel that your attorney made a mistake or failed to include evidence you provided, then I would suggest you reply to the RFE on your own so that you get it right this time. If/ when I receive an RFE, that is what I plan to do.

 

b) Tax documents alone may not be sufficient, unless they are complete, meaning 1040 (or equivalent), W-2, 1099, all schedules, etc. It is highly recommended that you obtain Tax Return Transcripts from the IRS, instead. You can find the requirements in the I-864 instructions

 

c) no way to know the answer to this. It depends on how complete your initial application was.

Thank you very much, junkmart. 

 

Yes, my husband and I felt that there was an oversight from our lawyer. 

 

I am reading the I-864 instructions to make sure that before I request my sister to submit requirements I, myself understood what needs to submitted. Apparently, we relied and trusted everything to our lawyer. 

 

Am praying that this is the first and last RFE and eventually get my EAD and AP ID.

 

Wierobles

[junkmart 320]

1 minute ago, Wierobles said:

Yes, my husband and I felt that there was an oversight from our lawyer.

It happened to us, too. Despite me providing evidence of bona fide marriage like joint bank account and photos during our meeting where we reviewed and signed the applications, the attorney did not include them when she mailed the package. I was livid, as the contract I signed with her stated that responding to RFEs would be additional services. I let the attorney know of my dissatisfaction, and that if I received an RFE for any of the evidence that I had previously provided to her, that I would expect her to respond the the RFE for free. She replied via email that she agreed, and would perform those services for free. Perhaps if you reach out to your attorney in a similar way, they help you respond for free. Do it nicely though Good luck

[Wierobles 8]

On 5/2/2019 at 11:16 AM, junkmart said:

It happened to us, too. Despite me providing evidence of bona fide marriage like joint bank account and photos during our meeting where we reviewed and signed the applications, the attorney did not include them when she mailed the package. I was livid, as the contract I signed with her stated that responding to RFEs would be additional services. I let the attorney know of my dissatisfaction, and that if I received an RFE for any of the evidence that I had previously provided to her, that I would expect her to respond the the RFE for free. She replied via email that she agreed, and would perform those services for free. Perhaps if you reach out to your attorney in a similar way, they help you respond for free. Do it nicely though Good luck

 

On 5/2/2019 at 11:16 AM, junkmart said:

It happened to us, too. Despite me providing evidence of bona fide marriage like joint bank account and photos during our meeting where we reviewed and signed the applications, the attorney did not include them when she mailed the package. I was livid, as the contract I signed with her stated that responding to RFEs would be additional services. I let the attorney know of my dissatisfaction, and that if I received an RFE for any of the evidence that I had previously provided to her, that I would expect her to respond the the RFE for free. She replied via email that she agreed, and would perform those services for free. Perhaps if you reach out to your attorney in a similar way, they help you respond for free. Do it nicely though Good luck

 

Hello, junkmart!

 

We checked the retainer agreement my husband signed. It was specified that the law office  “to do all things which may deem necessary, appropriate or advisable”. However, this was stipulated, too, “that the fees do not include any legal services in connection with any administrative or judicial review”. That being said, the RFE is part of the administrative review, right? The lawyer’s services ended after he filled out the form, and submitted all evidences. Nonetheless, I texted the lawyer and asked if the RFE is part of the agreement. He replied in the negative.

 

Imagine this, my husband submitted his birth certified card to the lawyer. We never heard anything about it. Then, this RFE for a certified birth certificate! That is very basic. Basic requirement. He could have told my husband that what is required is the certified copy. We were just so pissed off. 

 

Thank you so much for sharing your experience. 

 

May the force be with us!

 

 

Wierobles