I Got a RFE today :(

[sj5 4]

I think, its time to hire a lawyer now. Good luck to you..

[EstebanTrabajos 7]

Dude, just go to a lawyer for a free cosultation, and ask these questions. I see that here there those who know a lot, those are just expressing their frustration about their own process on you, and some that really do not know a whole lot. There are differences amongst each and every case. All cases are not the same, nor the person processing it and who will be interviewing you.

For example, I do recall reading a thread from a lady that came from the UK, she came here on a tourist visa, overstayed for 3 years, even had a baby with the USCitizen and at the end, they just asked her "when did you come?, did you went back after your visa expired? she answered "no", ok you are approved, you will received your greencard within 3 weeks".

You really screwed up by submitting your illegal income man, it's logic that I wouldn't apply but anyway what is done is done, just go to a good and maybe "expensive" lawyer and fix this, remember that drug addict Amy Winehouse got her visa approved just because she is rich and famouse. Sadly money talks :(but I can tell you, there is still hope and mostly is based on LUCK and on how well people don't screw up again, learn from your errors and now do the right and correct thing.

Good luck

Edited February 13, 2008 by GueraYTavo

[americanenglish 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 ?

yes. you will need two forms I - 864. if a joint sponsor is a household member, you'll need I - 864A as well.

you will not get in trouble for working here without work authorization, but you will have to pay taxes for all this time.

[Nosferatu2xlc 0]

well i did pay taxes since i had SS# when i first arrived in USA in 1992 for a visit

[caybee 21]

You really screwed up by submitting your illegal income man, it's logic that I wouldn't apply but anyway what is done is done, just go to a good and maybe "expensive" lawyer and fix this, remember that drug addict Amy Winehouse got her visa approved just because she is rich and famouse. Sadly money talks :(but I can tell you, there is still hope and mostly is based on LUCK and on how well people don't screw up again, learn from your errors and now do the right and correct thing.

Good luck

I thought her visa was denied.

[americanenglish 0]

well i did pay taxes since i had SS# when i first arrived in USA in 1992 for a visit

Then you will not have to reimburse them, but still, your income cannot be considered appropriate for including in I- 864 as you were working illegally. This is one of the first things discussed in the directions to the form. Joint sposor is the way to go.

[truffles 2]

My understanding is Winehouse got her visa refused ....

[SilentJester 0]

They later reversed their decision on it and granted her a visa, but she decided to perform via satellite anyway.

Edit:

In regards to the topics discussed in this post, I direct the OP to this link - http://immigrate2us.net/forum/showthread.php?t=9364

Read the first two posts, the whole story does not apply to you as you have not EWI'd, but the first part may ring a bell.

Edited February 14, 2008 by SilentJester

[Minya's wife 24]

But then they re-reviewed the app refusal and expedited the issuance of her visa, so she could make the Grammy's but she still didn't attend. She did win some Grammy's though, and made thank you speeches from her studio offices...I think.

[americanenglish 0]

You really screwed up by submitting your illegal income man,

That is noooot true!! You would not be able to cover it up anyway as you have SS# and paid taxes. And it is not something you would want to do because you have to be extremely honest with the officers. It is pretty obvious that you HAVE been working all this time to support yourself. You are fine. Just be honest.

[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 ?

yes. you will need two forms I - 864. if a joint sponsor is a household member, you'll need I - 864A as well.

you will not get in trouble for working here without work authorization, but you will have to pay taxes for all this time.

And you know this for sure? The OP received an RFE, in which he is requested to prove he was legally employed when he earned the 15K income he declared on the I-864. He was not work authorised, he has no such proof to offer. A response appropriate to the RFE is required....you can't just submit something else than what they ask for, and hope it will work.

-P

[Minya's wife 24]

You really screwed up by submitting your illegal income man,

That is noooot true!! You would not be able to cover it up anyway as you have SS# and paid taxes. And it is not something you would want to do because you have to be extremely honest with the officers. It is pretty obvious that you HAVE been working all this time to support yourself. You are fine. Just be honest.

Paying taxes and immigration are two completely different things. The IRS and the INS(Now USCIS) are two different offices....they do not communicate w/ each other, or access each other's databases, as far as I know. The fact that the OP may have paid taxes on his unauthorized employment does not mean didley in his present connundrum. The RFE does not request tax return information....they want an EAD or proof of work visa.

-P

[Nosferatu2xlc 0]

i can withdrawal my current I864 due not being able to proof my income. and submit a new one with a joing sponsor

it don't matter ,if you live in US and your income is from europe , asia or the moon, you still have to pay taxes on it , regardless where it comes from

Edited February 14, 2008 by Nosferatu2xlc

[americanenglish 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 ?

yes. you will need two forms I - 864. if a joint sponsor is a household member, you'll need I - 864A as well.

you will not get in trouble for working here without work authorization, but you will have to pay taxes for all this time.

And you know this for sure? The OP received an RFE, in which he is requested to prove he was legally employed when he earned the 15K income he declared on the I-864. He was not work authorised, he has no such proof to offer. A response appropriate to the RFE is required....you can't just submit something else than what they ask for, and hope it will work.

-P

I am not sure we are talking about the same things...What I meant was that in order to start the process, the couple needs to show they will not become a financial burden for the U.S. government. As there is only one legal income which is below the poverty level alone, they have to get a joint sponsor.

The phrase "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" does not sound like they want him prove something, they are saying this is not going to work as this and that. They want another I - 864.

Is that what you meant?

[Nosferatu2xlc 0]

yes thay need a proof that my 15K was earned wile i was autorized to work and i wasn't, so my income can't count in i864