Request for Initial Evidence for I-864A

[ecegrad 0]

I received a yellow color letter for Request for Initial Evidence yesterday. It says my I-485 application cannot be processed and I cannot get interim EAD until 90 days after I send requested items. My father-in-law is my I-864A household member whose income is added for my sponsorship. The letter asked the following items:

- Proof that household member was employed in US legally: This is fine, I can send his green card copy.

- Letter of Employment and 6 months pay stubs: Here is the problem. I will tell below.

- I-693 Form: How this is an initial evidence? And how can this hold my EAD?

- Supplement to I-693 Form: Again, how can this hold my EAD?

My wife is pregnant and we are expecting a baby soon (within few days). Now I calculated my father in laws last 6 months pay stubs. Unfortunately, with his pay stubs our household income requirements won't meet (It did for last years tax file, but this year his income is little low). And add a new baby, we will be way below poverty line (if USCIS later inquiries again).

I want add a new joint sponsor (I-864) and remove my father in law (I-864A). Will this harm my AOS process? What should I send with reply? The mail says I can add a joint sponsor. But won’t they ask why I didn’t send my father-in-law's employment letter and pay stubs? Can I send both his information and new joint sponsor's information?

Any help is greatly appreciated.

[thetreble 19]

Did you not have a medical exam? You will need to have a medical exam and submit the I-693.

[ecegrad 0]

Did you not have a medical exam? You will need to have a medical exam and submit the I-693.

I didn't have medical exam yet. When I called USCIS they told me not to send it with application. The letter askes to send the Medical and not to wait for Medical until interview.

[thetreble 19]

Well unless you had a medical exam prior to filing AOS (like if you got one when you filed for a K-1), you should have completed one and you got some bad advice from USCIS. You will need to go to a US civil surgeon and pay the fee to had your physical done + possible vaccinations prior to sending back this RFE.

All of your RFE's have put all of your applications on hold. It doesn't matter if it's EAD, AOS, AP, etc. if you have an RFE they are all put on hold. Someone can probably help you with what to do about changing your joint sponsor. I don't think USCIS will ask you why you didn't send in your father-in-laws pay stubs and everything if you change your sponsor. I think they will disregard him all together and look at your new joint sponsor.

Edited October 2, 2007 by thetreble