Will we be denied when re-submitting I-864 & Evidence?

[Berndur 4]

We submitted our I-485 and I-864 back in June and now have gotten a request for evidence. The letter is very vague and just says that we do not qualify, which according to our understanding of tripple-reading everything and checking the limits, is not correct. Since the documents in the "Uploads" section are a little bit disorganzied and do not even include a scan of the submitted I-864, we suspect that they might have missed the form or evidence we submitted.

 

So we want to re-submit our I-864 and evidence.

 

Our question (and worry) is: If they are still not pleased with this, will they simply ask us again for evidence or will they straight out deny our case?

[HRQX 4,145]

10 minutes ago, Berndur said:

will they simply ask us again for evidence or will they straight out deny our case?

They can either issue another RFE, a NOID, or straight-up deny. Even if they deny it you could just re-file everything again (or attempt an appeal of the denial).

Edited September 24, 2021 by HRQX

[TBoneTX 45,469]

Thread is moved to the "AOS from K Visas" main forum.

[Berndur 4]

26 minutes ago, HRQX said:

They can either issue another RFE, a NOID, or straight-up deny. Even if they deny it you could just re-file everything again (or attempt an appeal of the denial).

Thank you for your answer. I think we might just try and add a little written cover letter explaining why we re-submit and hope they do not deny it.

[MarkCarp 5]

Include a cover letter, organize everything based on the order from your cover letter, use dividers ( can use a simple white paper with a sticky note at the bottom), make it look professional. There are YouTube videos of how to arrange your package. 

[arken 4,197]

9 hours ago, Berndur said:

Thank you for your answer. I think we might just try and add a little written cover letter explaining why we re-submit and hope they do not deny it.

There should be a reason for RFE. Usually RFE for i864 is generic. If you did not provide one correct evidence, they will say your income is not sufficient even though it is.

 

Resubmitting as is does not solve the problem, they will issue another RFE after several months. Best is to reach each line of the RFE and look into what you had submitted and update accordingly.

[jaimedebruyn 25]

On 9/23/2021 at 10:18 PM, Berndur said:

Thank you for your answer. I think we might just try and add a little written cover letter explaining why we re-submit and hope they do not deny it.

Hi! I'd love to hear an update on what you ended up doing to respond to the RFE. We just received an RFE for 864 and are in the same situation. Income is enough, but the RFE states they weren't able to prove I'm qualified to sponsor. 

 

How did you respond and what was the outcome?

[Berndur 4]

On 11/23/2021 at 4:49 PM, jaimedebruyn said:

Hi! I'd love to hear an update on what you ended up doing to respond to the RFE. We just received an RFE for 864 and are in the same situation. Income is enough, but the RFE states they weren't able to prove I'm qualified to sponsor. 

 

How did you respond and what was the outcome?

So sorry for my late reply, I totally missed this.

 

So yes we decided to put one of my wife's relatives on the affadavit of support as a joint sponsor. We got a interview confirmation almost immediatly after submitting the forms first digitally.

We have since had our interview, the GC was approved and already has arrived.

 

Again, apologies for the long wait for my response!