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Posted (edited)

Recieved my RFIE for AOS couple days ago, and one of the requests is below. 

 

Any idea of why they think I'm the intending immigrant that want be included in the household income? Thanks so much~ 

 

PS: I count the household size as 2 since there're only two of us.

For the intending immigrant’s income to be included in the household income, it must have been from a lawful
source and earned while the intending immigrant was authorized to work in the United States.
The intending immigrant, XXX(my name), must submit evidence that they were authorized to work in the United
States.
Examples include the following:
A copy of an unexpired Form I-94, Arrival/Departure Record, showing a non-immigrant classification
that allows the intending immigrant/household member to work lawfully in the United States.
Classifications include: E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, J-1, L-1, O-1, O-1A,
O-1B, O2, P-1A, P-1B, P-2, P-3, Q-1, Q-2, R-1, TC or TN.
A copy of an unexpired Employment Authorization Document issued by U.S.
Citizenship and Immigration Services (USCIS).
A copy of an unexpired Form I-94, Arrival/Departure Record, with “Employment Authorized” or similar
annotation by port-of-entry personnel.
Edited by evannnn
Filed: Citizen (apr) Country: Kenya
Timeline
Posted (edited)

1. Who exactly are the 2 of you? You and beneficiary or you and someone else?

2. And are you trying to use intending immigrant's income?

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: Citizen (apr) Country: Kenya
Timeline
Posted (edited)

Self delete

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: Citizen (apr) Country: Kenya
Timeline
Posted (edited)
9 minutes ago, evannnn said:

Me(beneficiary) and my husband(petitioner)

 

And question 2?

 

This is how yours should be.

20220827_161635.jpg

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: Citizen (apr) Country: Kenya
Timeline
Posted
2 minutes ago, evannnn said:

No I’m not trying to use my income(I can’t work so actually there’s no income from myself ).

 

If you say the above, who's name AND signature are on the I-864? It should be your spouse's, not you. 

 

The RFE wording clearly states "immigrant income." That means you either put your name there and signed it OR were trying to use your income (which you've said you weren't). So, I think its the former. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: Citizen (apr) Country: Kenya
Timeline
Posted
3 minutes ago, evannnn said:

This is what my form looks like except that I didn’t fill 0, just left them blank. 

 

My form? It should be your spouse's, not you. That's where the problem is.

 

AND leaving them blank is fine 

 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted (edited)
8 minutes ago, Timona said:

 

My form? It should be your spouse's, not you. That's where the problem is.

 

AND leaving them blank is fine 

 

Sorry for that, I didn’t mean “my”,  I know it’s my spouse’s form. And he did sign it, not me. If I were trying to include my income(which I didn't), do you know how they can tell it from i864 form? 

Edited by evannnn
Filed: Citizen (apr) Country: Kenya
Timeline
Posted (edited)
4 minutes ago, evannnn said:

Sorry for that, I didn’t mean “my”,  I know it’s my spouse’s form. And he did sign it, not me. If I were trying to include my income(which I didn't), do you know how they can tell it from i864 form? 

 

Whose name is on page 1?

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Posted
1 minute ago, Timona said:

 

Whose name is on page 1?

Part1: my husband's (sponsor) name and check 1.a

Part2: my information

Part3: 1. Yes 29. 1 other all blank 

Part4: my husband's (sponsor)'s information 

Part5:  1 1 _ _ _ _ _ 2

Part6: my husband's work information

Part7: blank

Part8: my husband's information and sign

Part9: blank

Part10: blank

Filed: Citizen (apr) Country: Kenya
Timeline
Posted
11 minutes ago, evannnn said:

Sorry for that, I didn’t mean “my”,  I know it’s my spouse’s form. And he did sign it, not me. If I were trying to include my income(which I didn't), do you know how they can tell it from i864 form? 

 

Pretty self explanatory 

20220827_164446.jpg

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Filed: Citizen (apr) Country: Kenya
Timeline
Posted (edited)
5 minutes ago, evannnn said:

That's a good catch. I didn't notice there. But I did leave all the below blank.

 

Part 6: 21 & 22 should be blank. 20 should have same number as 7.

 

If those are fine, then I'm not sure what the issue is.

 

Did your husband list you on his IRS return as a dependant/ did you file with him, albeit zero income?

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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