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Posts posted by Athos
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I have scheduled an infopass appt for next week. We already have our biometrics appt scheduled for the
15th, so we can hopefully get both done at the same time (its a 2+ hr trip one way). I will attempt to have
an joint sponsor fill out an 864 before we arrive, but hope we can get the case going on the evidence we provided.
Does anyone know if we can hand the RFE to the local office, instead of mailing it?
Thanks for everyone's help so far.
I have scheduled an infopass appt for next week. We already have our biometrics appt scheduled for the
15th, so we can hopefully get both done at the same time (its a 2+ hr trip one way). I will attempt to have
a joint sponsor fill out an 864 before we arrive, but hope we can get the case going on the evidence we initially
provided.
Does anyone know if we can hand the RFE to the local office, instead of mailing it?
Thanks for everyone's help so far.
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It would be nice if there was actually someone to speak to at USCIS for clarification, or reason they did not count her income,
but we all know that is not the case. I had intended to go to our Congressmans office, as they may be able to put more of a point
on it for USCIS, but still hope there is a better way.
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Here is the form, and it is indeed boilerplate, nothing specific:
Request for Initial Evidence (1-485)This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status,
(Form 1-485) without initial information. Submit ALL the information requested below at one time. Failure to do so will
Result in a denial. You must submit the information within 87 (eighty-seven) days to the following address: U.S.
Department of Homeland Security, PO Box 648004, Lee's Summit, MO 64002. Include this letter with your response.
The Service will process your Form 1-765, Application for Employment Authorization (if submitted) within 90 days of the
receipt of your missing initial evidence. This is pursuant to Title 8, Code of Federal Regulations, Section 103.2(b)(lo)(ii).
All copies must be clear and legible. If you submit a document in any language other than English, it must be submitted
with a full English translation. The translator must certify that the translation is complete and accurate, and that he or she is
competentto translate. You must submit both the foreign language document and the English translation.
If you have a question about immigration procedures, or need clarification, please call our National Customer Service Center
(NCSC) at1-800-375-5283 (TTY 1-800-767-1833). This toll-free call center has additional information and, during their
specified office hours, can connect you to live assistance in English and Spanish.Based on the documents submitted with Form 1-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet125% (100% if military) ofthe federal poverty line for the petitioner/sponsor's household size.Submit evidence of assets that meet the standards listed below or obtain joint sponsor.Assets standards must equal the stated difference between the sponsor's household size and 125% (100% if military) of thefederal poverty line.-
Assets must equal the difference for applicant's filing as orphans or a spouse or child of an active duty military member
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Assets must equal three times the difference for a spouse or child of a United States Citizen.
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Assets must equal five times the difference for all others.
Such evidence of assets includes:-
Bank statements covering the last12 months, or a statement from an officer of the bank or other financial institution in which
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the sponsor has deposits, including deposit/withdrawal history forthe last12 months, and current balance:
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Evidence of ownership and value of stocks, bonds, and certificates of deposit;
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Evidence of ownership and value/equity of other personal property and dates acquired;
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Evidence of ownership, a recent licensed appraisal or county assessment of any mortgage/lien or lien release of any real estate
If you decide to obtain a joint sponsor they will need to file Form 1-864. provide copies of the most recent Federal Income taxreturns, all supporting tax documents (W-2s.1099s, and tax schedules) and evidence of their status as a United States citizen,United States National, or Lawful Permanent Resident. For more specific information, see Form 1-864 instructions, page 8, "Use of Assets to Supplement Income" For the most currentversion of Form 1-864 including the instructions, go to "Immigration Forms" ator call(800) 870-3676.And the EAD is a new application, since it will be dependent on AOS, not current F1 / OPT status.
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Hi all.
My wife(intending immigrant) and I filed 485, 130, 864 and 765 last month. She is currently on F1 OPT after graduating last summer.
My income last year was just below what we needed for sponsorship, but adding her income put us at double what was necessary.
We followed the guidelines of the 864 when adding her income, and included her 1040, etc., current paystubs, and letter from her employer stating that her
job was permanent, pending 765 approval, and her projected income for 2011 so that USCIS had proof the income would continue. (As is described in their instructions
for the 864.
We received an RFE/RFI yesterday saying my income on 864 was not sufficient, and asking to provide proof of assests or co sponsor.
There is no mention of denial of her income, or any reference to it at all. Do we need to return the RFE with another copy of her information, and perhaps
a highlighted copy of the instructions? (joking)
Calling USCIS helpline is a joke, I tried one other time to call and ask for clarification on filling out a form and was only told they do not give legal advice. (Trying to find out if
765 was a renewal or new application, since she has a current EAD). If I can't get clarification from them when asking how to fill out their own forms, I'm quite sure
calling about the RFE will just raise my blood pressure some more. I thought of trying to schedule an Infopass appt when we go to the local ASC for her biometrics (a few hours drive),
but that is 2 weeks away still.
I want to remedy this as quickly as possible, her current EAD expires in Sept, and it seems her new 765 has reset until we return the evidence.
I have spent several hours searching the internet and this forum, an still dont have an answer that doesnt involve finding a co-sponsor.
Any advice would be appreciated.
485 / 864 RFE immigrant's income not counted?
in Adjustment of Status from Work, Student, & Tourist Visas
Posted
Well, we have our biometrics letter already, so we will just go early and do an infopass next week. Since it is 2.5 hours one way, it will give us a chance
to do them both at one time. Also, I would also like to be able to bring along our copy of the filings, so the officer knows exactly what our submitted
paperwork says.