"Interesting" RFE

[Mr. Grey 0]

Hi there,

about 30 days after filing my AOS/EAD/AP application, I received an "interesting" letter in the mail yesterday. USCIS is asking for "Initial Evidence", which in my case is the following:

- "The household member in Form I-864A failed to submit proof of current income". Then they say I should include an employer letter and pay stubs for the past 6 months.

- "For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the U.S.".

While the first request is understandable, I want to emphasize that the I-864 instructions say that "you are not required to submit this evidence unless specifically instructed". We had to file I-864A forms from my in-laws because my wife doesn't have sufficient income to sponsor me. With those two I-864A forms, we included tax return transcripts of the past three years, showing a total taxable income well above $xxx,000 each year. My interpretation of the instructions was, however, that you may want to include an employer letter if your current income is higher that shown in the tax information (to actually prove your current income). But since this does not apply, I didn't attach the employer letters in the first place.

The second request I couldn't understand at first - do they want proof that my in-laws are working legally in the US ? They want either I-94, EAD, naturalization document, passport copy or birth certificate showing birth in the US. If so, that would be interesting because I thought the tax information with their SSN's already show that they are here legally. Must be the hispanic last name, that's always suspicious in Houston

Altogether, it looks like an easy RFE. The first request was my own stupidity or lack of interpretation of the guidelines, but for the second request - I would have never thought of including evidence that my in-laws are USC's. Maybe this is interesting for someone else in a similar situation.

Daniel

[tanyaru 3]

Hi there,

about 30 days after filing my AOS/EAD/AP application, I received an "interesting" letter in the mail yesterday. USCIS is asking for "Initial Evidence", which in my case is the following:

- "The household member in Form I-864A failed to submit proof of current income". Then they say I should include an employer letter and pay stubs for the past 6 months.

- "For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the U.S.".

While the first request is understandable, I want to emphasize that the I-864 instructions say that "you are not required to submit this evidence unless specifically instructed". We had to file I-864A forms from my in-laws because my wife doesn't have sufficient income to sponsor me. With those two I-864A forms, we included tax return transcripts of the past three years, showing a total taxable income well above $xxx,000 each year. My interpretation of the instructions was, however, that you may want to include an employer letter if your current income is higher that shown in the tax information (to actually prove your current income). But since this does not apply, I didn't attach the employer letters in the first place.

The second request I couldn't understand at first - do they want proof that my in-laws are working legally in the US ? They want either I-94, EAD, naturalization document, passport copy or birth certificate showing birth in the US. If so, that would be interesting because I thought the tax information with their SSN's already show that they are here legally. Must be the hispanic last name, that's always suspicious in Houston

Altogether, it looks like an easy RFE. The first request was my own stupidity or lack of interpretation of the guidelines, but for the second request - I would have never thought of including evidence that my in-laws are USC's. Maybe this is interesting for someone else in a similar situation.

Daniel

On I-864 it asks you to submit a prove of being a US citizen unless you aready submitted it with I-130. So since your in-laws didn`t petition for anyone, your spouse did, they have to submit a prove of US citizenship or residency with I-864 therefore proving that they can work in US. This does not have anything to do with hispanic last name, it is a standard.