Got an RFE for I-485 app, 4 different points, need help

[Hassan Raza 3]

Hi everyone, I appreciate any help I can get.

 

I got an RFE with 4 bullet points, each of which I've attached a photo of (and removed the names):

 

RFE Points 1 & 2) I-864 EZ

 

They told me that I can’t use this form unless I submit W2s. But I don’t know why that’s the case. I submitted my tax return transcript from the IRS website for the year 2020, which should be fine. My income was ~72K on that which is more than enough. I am only sponsoring one person (my spouse), so that shouldn’t be an issue either.

 

Should I just resubmit the I-864 EZ with the W2? Or should I just forget it and do the I-864?

 

Also they had a bullet point stating that they need proof of my citizenship to use the I-864 form. This one was just silly because I provided a picture of my US passport photo identity page. Should I just send the same thing again with a post-it note explaining that I already sent it the first time?

 

RFE Point 3) Spouse’s birth certificate

 

They said that I need to submit her birth certificate, which I did. I’m unclear if it’s because it’s not the appropriate kind? But I looked on the USCIS website regarding what is considered an acceptable birth certificate from Pakistan (link below):

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Pakistan.html

 

“Issuing Authority: Birth certificates issued by local Union Councils, Municipal Corporations, the Office of the Cantonment Board, or the CDA are acceptable, as are Family Registration Certificates (FRC) issued by NADRA.  In larger cities, such as Rawalpindi, Lahore, Karachi etc., Municipal Corporation-issued birth certificates prior to 2001 are also acceptable.”

 

Based on the above statement, her birth certificate should be valid. I’ve attached it (names omitted) for you guys to see.

 

RFE Point 4) Marriage certificate:

 

I really don't understand this, because not only did I provide our marriage certificate, I even provided a CERTIFIED copy of it because I heard some people get RFEs for this. Should I send yet another certified copy? Or just send a photocopy?

 

In addition, I had one question about her biometrics appoint, which she has in Mid August. Does this mean the RFE is not really going to delay her interview date? I was surprised I got an RFE but also got the biometrics appointment at the same time.

 

 

 

 

 

Edited August 3, 2021 by Hassan Raza

[Ayrton 965]

31 minutes ago, Hassan Raza said:

Hi everyone, I appreciate any help I can get.

 

I got an RFE with 4 bullet points, each of which I've attached a photo of (and removed the names):

 

RFE Points 1 & 2) I-864 EZ

 

They told me that I can’t use this form unless I submit W2s. But I don’t know why that’s the case. I submitted my tax return transcript from the IRS website for the year 2020, which should be fine. My income was ~72K on that which is more than enough. I am only sponsoring one person (my spouse), so that shouldn’t be an issue either.

 

Should I just resubmit the I-864 EZ with the W2? Or should I just forget it and do the I-864?

 

Also they had a bullet point stating that they need proof of my citizenship to use the I-864 form. This one was just silly because I provided a picture of my US passport photo identity page. Should I just send the same thing again with a post-it note explaining that I already sent it the first time?

 

RFE Point 3) Spouse’s birth certificate

 

They said that I need to submit her birth certificate, which I did. I’m unclear if it’s because it’s not the appropriate kind? But I looked on the USCIS website regarding what is considered an acceptable birth certificate from Pakistan (link below):

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Pakistan.html

 

“Issuing Authority: Birth certificates issued by local Union Councils, Municipal Corporations, the Office of the Cantonment Board, or the CDA are acceptable, as are Family Registration Certificates (FRC) issued by NADRA.  In larger cities, such as Rawalpindi, Lahore, Karachi etc., Municipal Corporation-issued birth certificates prior to 2001 are also acceptable.”

 

Based on the above statement, her birth certificate should be valid. I’ve attached it (names omitted) for you guys to see.

 

RFE Point 4) Marriage certificate:

 

I really don't understand this, because not only did I provide our marriage certificate, I even provided a CERTIFIED copy of it because I heard some people get RFEs for this. Should I send yet another certified copy? Or just send a photocopy?

 

In addition, I had one question about her biometrics appoint, which she has in Mid August. Does this mean the RFE is not really going to delay her interview date? I was surprised I got an RFE but also got the biometrics 

 

864EZ can't be used for K1 AOS. 

 

"Who May Use Form I-864EZ?
You may use Form I-864EZ if ALL the following conditions apply:
1. You are the person who filed or is filing Form I-130, Petition for Alien Relative, for a relative being sponsored;
2. The relative you are sponsoring is the only person listed on Form I-130; and
3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal 
Revenue Service (IRS) Form W-2s provided by your employers or former employers."

 

1. K1 don't qualify based on requirement #1. Fill out the 864.

 

2. No post it. If they are asking for it, send it.

 

3. It's not uncommon to receive RFE for birth certificate when it was already submitted. Just send it again.

 

4. It might have been misplaced. Just make sure you submit another one and that the marriage happened within 90 days of DOE.

[randy32 165]

Sometimes, they mess up and misplace documents, sometime you are the one who made the mistake.

Respond to each item as requested. They asked for it, give it to them. What they have asked for does not look difficult.

 

i864ez vs i864 - same purpose different form - don't forget the supporting documents

Birth Cert and Marriage license - send copies

 

Under normal circumstances, it will be processed within about 90 days and that part is over.

 

With regards to the biometrics, these are not normal times so don't think too much about it and go for the appointment.

I would take copies of the documents requested for it the RFE and ask some questions during the appointment. You might get lucky and receive some answers

[Letspaintcookies 2,202]

@Ayrton Gave you the explanation as to why you used the wrong form. When sending the correct form I would add all the required documents that go with it again besides from the documents you have to send in again anyways. Yea sometimes they just misplace things, it happens.

Biometrics and RFIE are two separate things at that point. The work on the AOS, EAD, AP will stop till your RFIE is answered but Biometrics can and will still happen. The faster you answer the faster the work will go on again.

[Hassan Raza 3]

Thanks for all the answers, everyone!

 

So since I need to file a new I-864, I need to also submit my most recent paystubs, W2 + tax return transcript of the most recent tax year (2020), and employment letter of good standing, correct? I just started a new job in July. I originally submitted the AOS application while still working for my previous employer.

 

Is it a problem if I provide new employment letters/paystubs from my new job? I'm concerned they'll see that although my salary is good, I only have been working here for a month so my YTD earnings is low. Will this be an issue? Do I need another letter from my previous employer stating that I moved to a different job? Or should I write a letter w/ an explanation?

[Chancy 6,233]

23 minutes ago, Hassan Raza said:

Is it a problem if I provide new employment letters/paystubs from my new job? I'm concerned they'll see that although my salary is good, I only have been working here for a month so my YTD earnings is low. Will this be an issue?

 

Not an issue.  By the time your spouse gets to the AOS interview, you will have more months of work history with your current employer.

 

29 minutes ago, Hassan Raza said:

Do I need another letter from my previous employer stating that I moved to a different job? Or should I write a letter w/ an explanation?

 

No need.  Those won't help.

 

[Hassan Raza 3]

Should I also send updated photos, lease documents, and joint bank accounts to front load my application a bit more given this opportunity to send stuff for the RFE? Or should I just give exactly the stuff they asked for. 

[Ayrton 965]

9 minutes ago, Hassan Raza said:

Should I also send updated photos, lease documents, and joint bank accounts to front load my application a bit more given this opportunity to send stuff for the RFE? Or should I just give exactly the stuff they asked for. 

No. RFEs are not for extra documents. Send exactly what they need. Save the rest for the interview.

[Hassan Raza 3]

My RFE says submit proof of citizenship for myself, the sponsor on I-864. Is my US passport biographical page enough or should I send my birth certificate too? 

[Ayrton 965]

1 hour ago, Hassan Raza said:

My RFE says submit proof of citizenship for myself, the sponsor on I-864. Is my US passport biographical page enough or should I send my birth certificate too? 

One or the other.

[Hassan Raza 3]

Thank you everyone! I just sent it out today. Hopefully things go well and they clear the RFE as soon as possible

[pm5k 127]

On 8/6/2021 at 7:04 PM, Hassan Raza said:

My RFE says submit proof of citizenship for myself, the sponsor on I-864. Is my US passport biographical page enough or should I send my birth certificate too? 

No harm in sending both?