I Got a RFE today :(

[Nosferatu2xlc 0]

i just got a RFE for my I-485 and waht is says :

For the household member's income to be included in the household income, the household member income must been from a lawful source and ernded while the household member was authorized to work in USA (with i wasn't)

my wife income for 2007 was 13,000 so we included my income of 15,000 to meet the requirements but i been here since 2000 so i wan not authorized to work in US . so what do i do now????

can i submit a new Affidavit of support with my wife and joint sponor ??? if so how would i do that ????

[Minya's wife 24]

Wait, I'm having trouble following. You applied for Adjustment of Status based on marriage to a US citizen, and basically declared that you've worked in this country without authorization, by including your income on the I-864?

How much sense does that make?

What are the further instructions on the RFE....are you asked to resubmit the I-864 w/ a co-sponsor if necessary? If so, then I would concentrate on finding a co-sponsor for the financial sponsorship.

-P

[JessiPooh 0]

i just got a RFE for my I-485 and waht is says :

For the household member's income to be included in the household income, the household member income must been from a lawful source and ernded while the household member was authorized to work in USA (with i wasn't)

my wife income for 2007 was 13,000 so we included my income of 15,000 to meet the requirements but i been here since 2000 so i wan not authorized to work in US . so what do i do now????

can i submit a new Affidavit of support with my wife and joint sponor ??? if so how would i do that ????

First off, did you have to file a waiver for your overstay/illegal presence?

[Nosferatu2xlc 0]

no i says im my RFE to prove that i was autorized to work in US so my income can be used to meet income requirements

so my question is can my wife supmit a new Affidavit of support with a joint sponsor and without mentioning anything about me

[Chica Yeyé 41]

no i says im my RFE to prove that i was autorized to work in US so my income can be used to meet income requirements

so my question is can my wife supmit a new Affidavit of support with a joint sponsor and without mentioning anything about me

My man... if your income in the US was obtained illegally, you're in for big trouble. I don't think they will 'forget' you tried to use it in your application in the first place.- you already mentioned it to them!

[Nosferatu2xlc 0]

i been here since 2000 so i had to make a living here some how. i can't say that i been here for 8 years and how did i survive here without working.

[hgill 0]

i been here since 2000 so i had to make a living here some how. i can't say that i been here for 8 years and how did i survive here without working.

Nosferatu2xlc I had the same RFE. Only problem with mine was that I had lost my EAD card, so I submitted my Approval notices. I hope that would be enough. I think, and I am not sure, you can say you decided to withdraw that information from your petition, because it was not earned lawfully. The RFE said, in order to consider the household member's income.

Try speaking to an IO thats what I did.

[JessiPooh 0]

i been here since 2000 so i had to make a living here some how. i can't say that i been here for 8 years and how did i survive here without working.

Did you overstay a visa or did you come in illegally? If you came in illegally you must file a waiver before even being able to adjust your status!!!! If you need a waiver and didn't file one your AOS will be denied and you will be ordered to leave either by voluntary departure or via deportation order. Did you consult an attorney before filing your AOS?

[Minya's wife 24]

i been here since 2000 so i had to make a living here some how. i can't say that i been here for 8 years and how did i survive here without working.

That's not USCIS concern....Don't ask, Don't tell- but you let the cat out of the bag now so you may not have too many choices.

Did you overstay a visa or did you come in illegally? If you came in illegally you must file a waiver before even being able to adjust your status!!!! If you need a waiver and didn't file one your AOS will be denied and you will be ordered to leave either by voluntary departure or via deportation order. Did you consult an attorney before filing your AOS?

If you entered(US) without inspection(illegally) you are NOT allowed to adjust status here in the US....you must return to home country....find out whatever ban you have for the overstay...though I have to say, for an 8 year overstay, I don't know what kind of ban that would be.....and then file for a waiver if you're eligible for one.

OP- I really think you should consult an attorney ASAP and then, if necessary you should withdraw that AOS application before you sink any futher into this quicksand. Your situation is a bit more complicated.....and you probably need legal advice.

-P

[Nosferatu2xlc 0]

i come in here legally and overstayed. my question is what i do when i can't poof that i work here legally can i just submit another I-864 with my wife and co-sponsor to fix the problem ?

[Nosferatu2xlc 0]

i come in here legally and overstayed. my question is what i do when i can't poof that i work here legally can i just submit another I-864 with my wife and co-sponsor to fix the problem ?

[JessiPooh 0]

i come in here legally and overstayed. my question is what i do when i can't poof that i work here legally can i just submit another I-864 with my wife and co-sponsor to fix the problem ?

I'm really not sure what you can do but maybe you can resubmit the I-864 with your wife and a co-sponsor (not you)....

[Minya's wife 24]

i come in here legally and overstayed. my question is what i do when i can't poof that i work here legally can i just submit another I-864 with my wife and co-sponsor to fix the problem ?

Not sure...you've already declared your illegal income on the form you submitted. I don't think you can at this point "fix" that. What may be an option, is to withdraw this application and re-apply w/ a new I-864 showing only your wife, and the co-sponsor.

The RFE you got is asking for proof of employment authorization for that 15K you say earned....they're not going to "forget" it just because you submit a new I-864 with a co-sponsor. If an RFE is issued, you have to reply to what they ask for....you can't just send in new information. Maybe I'm wrong here, and someone will come along and correct me...

-P

[Minya's wife 24]

i come in here legally and overstayed. my question is what i do when i can't poof that i work here legally can i just submit another I-864 with my wife and co-sponsor to fix the problem ?

I'm really not sure what you can do but maybe you can resubmit the I-864 with your wife and a co-sponsor (not you)....

That's just what I think they can't do....by submitting a new I-864 only will still leave this RFE they got will unanswered thereby triggering a denial of the application.

[Trazom 0]

i come in here legally and overstayed. my question is what i do when i can't poof that i work here legally can i just submit another I-864 with my wife and co-sponsor to fix the problem ?

Just call them. They can answer that because apparently nobody here knows.