I Got a RFE today :(

[hgill 0]

I have had the same problem, except I was a student on OPT and then went back to college. To prove my income earned on OPT, they wanted a copy of my EAD, which I didn't have anymore because it was expired. I sent them a copy of my I-20 and my EAD approval notice and I-797C that I did ironically keep. I submitted it last week, so we can wait, but OP i think you need to get a lawyer involved ASAP, you will run into issues. When i was trying to tell them that I don't have EAD then they said, your application will be denied. I couldn't risk Denial, so I had to dig up old paperwork.

[Chica Yeyé 41]

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.

It's not that people don't know, it just seems the OP got defensive when folks told him -me included- that by working without being authorized to do so and then letting USCIS know about it he put himself in the worst possible position. I will not modify my answers to apeace someone when I know their future is on the line.

Like Paula & Minya said: you cannot just 'undo' your prior submission. Doesn't work like that.

[Nosferatu2xlc 0]

what about this post

http://www.visajourney.com/forums/index.ph...20rfe&st=15

[pushbrk 12,878]

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.

It's not that people don't know, it just seems the OP got defensive when folks told him -me included- that by working without being authorized to do so and then letting USCIS know about it he put himself in the worst possible position. I will not modify my answers to apeace someone when I know their future is on the line.

Like Paula & Minya said: you cannot just 'undo' your prior submission. Doesn't work like that.

Nobody who understands the process is going to tell the OP anything he wants to hear. He shot himself in the foot and will now feel the pain and deal with the injury. It's a severe one. Get an attorney to help you sort out the mess you made.

For the record, you did not have to make a living in the US. Nobody forced you to cross the border or prevented you from returning home. Your other option was to make a living legally in your own country.

You cannot satisfy the RFE in any other way than they asked for. Your AOS will be denied and there will be no refund. What you do next I suggest be on the advice of a good immigration attorney.

Edited February 13, 2008 by pushbrk

[bradcanuck 1]

This is a mess. I would not follow any VJ advice. It is time to get a good lawyer, because this will get messy.

An 8 year overstay with illegal work that you claimed?

Honestly... I have to ask... what's wrong with you?

[Nosferatu2xlc 0]

i don't know it says that immigrant income can be included so i did so .

[Chica Yeyé 41]

i don't know it says that immigrant income can be included so i did so .

Man, seriously.... did you actually think that income obtained illegally applied?

I'm out. good luck.

[~Laura and Nick~ 5]

Disaster.

Best of luck to you.

[truffles 2]

When they said legal immigrants can be included ...i think they meant earnings that were LEGAL....i understand that you had to work,,,but it has to be legal...i hated waiting for my EAD - and we did without stuff ...but it has to be LEGAL. Otherwise if they allow that why have laws?

[SilentJester 0]

What was the original visa you even entered on? How long was it valid for?

The RFE is the least of your worries at the moment, an overstay of over 365 days carries a ban on entry to the United States of 10 years, which can be "forgiven" with an I-601 waiver(provided you qualify to file one) and a Hardship letter by your USC spouse explaining how he/she would suffer extreme hardship if you were not allowed to re-enter the country. I agree with all of the above posts telling you to seek a qualified immigration attorney, you really need one at this point. Try to ask some questions at www.immigrate2us.net , they may be able to better help you understand your situation and direct you to a good attorney.

[Nosferatu2xlc 0]

"Can the Intending Immigrant HelpMe Meet the Income Requirements?"

If certain conditions are met, the intending immigrant'sincome can help you meet the income requirement. If theintending immigrant is your spouse, his or her income can beincluded if it will continue from the same source after he orshe obtains lawful permanent resident status. If the intendingimmigrant is another relative, there are two requirements.First, the income must be continuing from the same sourceafter he or she obtains lawful permanent resident status, andsecond, the intending immigrant must currently live with youin your residence. Evidence must be provided to support bothrequirements

However, an intending immigrant whose income is being usedto meet the income requirement does not need to completeForm I-864A, Contract Between Sponsor and HouseholdMember, unless the intending immigrant has a spouse and/orchildren immigrating with him or her. In this instance, thecontract relates to support for the spouse and/or children."

there is not a word about legal or inlegal , i fallowed the instructions that's all

[Nosferatu2xlc 0]

my Visa was issued in 1998 and it valid till 4/9/2008 and its a B1/B2 visa my I-94 was good till jan of 2001 and it was extended till dec 2002 for school purpose after that its overstay

[SilentJester 0]

After reading some of your past posts I see that you entered in 2000 on a B2 Tourist Visa, stayed past your valid I-94 date and just simply never left? Like I said..your worry over the I-864 is moot at this point, you have no basis to even file an Adjustment of Status application, and that is what you need to be concerned about. You very well may have set yourself up to be placed in removal proceedings, and you need to contact a very good immigration attorney and explain your situation to them see what course of action you can take at this point.

[~Laura and Nick~ 5]

"Can the Intending Immigrant Help Me Meet the Income Requirements?"

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements.First, the income must be continuing from the same source after he or she obtains lawful permanent resident status, and second, the intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements

However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children."

there is not a word about legal or inlegal , i fallowed the instructions that's all

It shouldn't even need to be in there. HELLO! You are in the United States ILLEGALLY and you are working ILLEGALLY!

How could you even think that this would work???

More than likely you will be denied and deported.

I would contact a very good immigration attorney.

Edited February 13, 2008 by ~Laura and Nick~

[Nosferatu2xlc 0]

dunno how much you know about all this but you can adjust status from overstaing once you merry USC