Request for (a lot of) initial evidence

[dobbs 0]

First time poster, hi!

Sorry, been lurking around these forums for a while leaching good knowlege without contributing, you guys are very informative. Thanks!

Sent in my I-485, I-864 and I-765 which was received in Chicago July 21st. Received NOA1 August 12th with biometrics appointment date. Biometrics taken August 22nd in Buena Park, CA. Today (August 27th) received request for initial evidence.

OK, first question: Is there anywhere or anyone I can call/meet to find out what exactly was missing on my application? Some of the requests seem to just repeat information that was on the I-864 without actually saying which requirement I didn't meet.

Second question: Do the letters and numbers (next to the check boxes) on the RFE refer to anything? Questions on the application? Instructions? Regulations? Are they random or we don't know? They'll say (as mine do in this order):

F [x] (36) For the household member's income....

F [x] (34) The household member on Form I-864...

F [x] (41) The household member on Form I-864...

F [x] (38) Based on the documents submitted with.....

Any ideas?

Third question: As the immigrant (from the UK) I was listed as a household member (principle immigrant) rather than spouse. She currently studies, I am obviously waiting for employment authorization - neither of us work. To meet the income requirements we used the assets of our bank accounts which adequately covered the three-times-the-poverty-line specification. has anyone else tried to meet the financial requirements using assets ONLY? Should I give up on this and just re-file with an extra I-864 from my mother in law?

Fourth Question: Every request for evidence refers to a "household member", is this possibly the sponsor or does this refer specifically to any extra household members? If it just means extra household members how do they expect the only member (me - an immigrant) to supply W-2s?

Fifth and final question: How can I work out if the evidence I submitted was illegible, inadequate or inapropriate? the RFE simply states rules I already know about what evidence is required (must submit W-2s, everything legible, assets can be used, to order tax returns got to website blah blah blah) but not why my evidence did not meet these requirements.

Someone HELP!

Thanks in advance

[rebeccajo 14]

What does the RFE say?

[dobbs 0]

What does the RFE say?

Abbreviating:

First part says "the household member's income must have been from a lawful source and earned while the household member was authorized to work.... submit one of the following:

1. "

Second part "household member on form I-864 must submit the following: tax returns, extensions, w-2s, self-employment evidence" (Thought I had done this for her - how do I know the ones I sent just weren't acceptable? I gotta admit one had a slightly fuzzy edge due to an iffy scanner)

Third part "household member must submit the following: w-2s, 1099s" confused about this because I am the household member (she - surely - is the sponsor) and as the immigrant I cannot possibly have these

Fourth part "Based on documents submitted.... income last year does not meet.... poverty line. (which is correct) submit proof.. income meets or exceeds... poverty line (which we can't). Assets may be used to make up the difference (which we tried to do).

Any help to you?

Thanks for the VERY fast response

[Nancy2015 2]

Dobbs,

There's no one you can call to find out what is it exactly that they want. Your RFE is pretty much all you need to work with. it's not uncommon of USCIS to request to re-send information - it doesn't mean that the evidence you had submitted was illegible or insufficient. If they seem to be asking for the same stuff - send it again.

"Household member" in this particular case refers to you. Your wife is the sponsor, you are the intending immigrant and her household member at the same time. You obviously can't send in any W-2's, and I would include an explanation letter with your RFE response telling them why.

Relying solely on assets to meet the poverty guidelines seems to be quite rare. Getting a joint sponsor might be a good idea in your situation.

[rebeccajo 14]

I can't see how you completed your affidavit, but the income and assets need to be listed as the SPONSORS information, and not as a household members information.

If you are confused about how to complete the form, there's an example in the Example Forms gallery that might help clarify IF there was an error with your wife's first affidavit.

Relying solely on assets to meet the poverty guidelines seems to be quite rare. Getting a joint sponsor might be a good idea in your situation.

Totally doable and allowed. If it is documented properly.

Edited August 28, 2007 by rebeccajo

[Nancy2015 2]

I can't see how you completed your affidavit, but the income and assets need to be listed as the SPONSORS information, and not as a household members information.

If the intending immigrant wants to use his own assets or income, he needs to provide the same info as the sponsor - part 24 b of I-864. I did that on my own application.

Relying solely on assets to meet the poverty guidelines seems to be quite rare. Getting a joint sponsor might be a good idea in your situation.

Totally doable and allowed. If it is documented properly.

I know it's allowed. I said it seems to be rare.

[rebeccajo 14]

I can't see how you completed your affidavit, but the income and assets need to be listed as the SPONSORS information, and not as a household members information.

If the intending immigrant wants to use his own assets or income, he needs to provide the same info as the sponsor - part 24 b of I-864. I did that on my own application.

Relying solely on assets to meet the poverty guidelines seems to be quite rare. Getting a joint sponsor might be a good idea in your situation.

Totally doable and allowed. If it is documented properly.

I know it's allowed. I said it seems to be rare.

It is. But it doesn't necessarily mean a co-sponsor will be needed. That's all I'm sayin'.

[Nancy2015 2]

I can't see how you completed your affidavit, but the income and assets need to be listed as the SPONSORS information, and not as a household members information.

If the intending immigrant wants to use his own assets or income, he needs to provide the same info as the sponsor - part 24 b of I-864. I did that on my own application.

Relying solely on assets to meet the poverty guidelines seems to be quite rare. Getting a joint sponsor might be a good idea in your situation.

Totally doable and allowed. If it is documented properly.

I know it's allowed. I said it seems to be rare.

It is. But it doesn't necessarily mean a co-sponsor will be needed. That's all I'm sayin'.

True

[dobbs 0]

OK, i was going to try without but I think to save hassle I'll send in an additional I-864 with my mother-in-law as a joint sponsor.

So if I'm reading you right the request for an immigrant's W-2s etc. can be fulfilled by submitting tax returns from another country to prove that there is no way the immigrant could HAVE W-2s? So a P-45 and P-60 should prove that I 'filed' in the UK and as such didn't need to file in the USA.

Here's another question if anyone can help. When submitting evidence required for an RFE it's recommended that you send all the other evidence and not to assume that they have access to all the original information. If that's the case then do I need another G-325A? Another set of four passport pictures? Do I need another Civil Surgeon signed and sealed I-693A? I certainyl hope not.

And I thought things were going so well.....

[athena_ny 1]

OK, i was going to try without but I think to save hassle I'll send in an additional I-864 with my mother-in-law as a joint sponsor.

So if I'm reading you right the request for an immigrant's W-2s etc. can be fulfilled by submitting tax returns from another country to prove that there is no way the immigrant could HAVE W-2s? So a P-45 and P-60 should prove that I 'filed' in the UK and as such didn't need to file in the USA.

Here's another question if anyone can help. When submitting evidence required for an RFE it's recommended that you send all the other evidence and not to assume that they have access to all the original information. If that's the case then do I need another G-325A? Another set of four passport pictures? Do I need another Civil Surgeon signed and sealed I-693A? I certainyl hope not.

And I thought things were going so well.....

Just send the requested info. They have the rest, and they will meet up - the way a former USCIS adjudicator put it, if something is missing they ask you for it, the file goes into a central area (and files are scanned everytime they move from one place to another so they can be located), and then when the response to the RFE comes back in, it is added to the case file.

[Cécy 44]

Unless I read wrong, it sounds to me like you are filling in documents that your wife should be taking care of. Meaning that the US citizen is the one filling those forms.

Someone correct me but even if you get a co-sponsor, doesn't it have to be a US citizen as well or am I imagining this?

So if you and your wife together can't meet the requirements ask her parents, cousins, aunts, uncles or friends to do the co-sponsor part. You don't have a choice on that one. If you don't meet poverty line they won't accept it.

For the rest, it does happen that they ask for things that were already sent because they lost it or who knows. So just re-do it all, make it so that you have someone to fulfill the poverty line requirements and send it.

Edited August 30, 2007 by Cécy

[Nancy2015 2]

Unless I read wrong, it sounds to me like you are filling in documents that your wife should be taking care of. Meaning that the US citizen is the one filling those forms.

Someone correct me but even if you get a co-sponsor, doesn't it have to be a US citizen as well or am I imagining this?

Yes, it has to be a US citizen or an LPR, but only if it's a co-sponsor. The intending immigrant's income can also be used.

However...

I-864, instructions:

What If I Cannot Meetthe Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

***

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

Dobbs, did you use your UK income? If so, this income must continue from the same source. If you no longer get income from this source, you can't use your past UK tax papers in leu of W-2's.

You sure can use your UK assets.

No, you don't need to send anything aside from what is requested in the RFE. Don't send them any new G-325A's. USCIS may be stupid at times, but they can put your RFE response in your file

[dobbs 0]

Thanks guys.

I haven't been trying to use my old income as my support - I'm unemployed right now and I'm telling them just that. I'm going to use UK tax documents just to show that I can't submit W-2s and never earned in the USA. I have secured my mother-in-law as a co-sponsor and she is a US Citizen. I HAVE been trying to use my UK assets, which are all in cash, but just to reduce confusion I'll go with the co-sponsor.

Cécy, you're absolutely right, this is really my wife's job - she is the petitioner. But what tends to happen is I fill in all the immigration stuff (happened with the I-129f too) and then she adds her autograph at the bottom Heck! I've got nothing better to do until I get the stinkin' EAD anyway.

[rebeccajo 14]

Please don't send them your UK tax information. They really don't want it. They believe you that you aren't employed - after all, it's unlikely you are legally work authorized at this point.

If you are using assets to qualify, you simply send them proof of those assets. Bank statments or whatever.

I filed an I864 that relied upon assets. I had a job but it wasn't enough. I added proof of my assets and attached a cover letter to the affidavit to explain my situation and calculations.

I had also included a co-sponsors affidavit but requested USCIS to NOT use this individual if I was correct in the preparation of my affidavit. At our interview, my co-sponsor's affidavit was returned to me.

[dobbs 0]

I sent them proof of my assets before, with my original application I informed them that I am unemployed and I submitted bank statements as proof of assets. This is what confused me so much with the RFE, they know I'm unemployed, I wrote that my income was zero, they know that I'm the immigrant and I did not mention any previous income that I was relying on but still they asked for my federal tax returns! I'm pretty sure I'm understanding this RFE now and it really does seem that they asked four times for my (household member) tax information.

The reason I was going to send UK tax information wasn't to show any kind of income or support but just that I was filing my taxes in the UK so I didn't need to file them in the USA, as such I can't possibly submit them federal tax returns. You think that's a bad idea? Would just a letter included with my response be enough?