RFE for I-864

[clolita 0]

hello everyone,

my husband and i are both rather young (22 and 21). we filed for AOS in nov. we did it by ourselves with the help of guides and this forum as we couldn't afford a lawyer. today however, we received a RFE for I-485. i sort of expected that this would happen. i am very unsure now about what they require, and would be really happy about any help!

here is what they sent:

1. for the household member's income to be included, submit evidence that the househould member on form 864 or 864A, was authorized to work lawfully in the US. Examples: Copy of EAD, Copy of birth certificate, copy of US passport etc..

we listed my husband, his father and mother as household members with income (we live with them). my husband only recently started to works part time at a store, so we submitted passport copy and copy of his 3 paychecks. what do they need? passport copys of his parents?

2. the household member on I-864A failed to submit proof of current income. Such evidence includes: letter of employment with the following: wages earned, number of hours per week, future employment, pay stubs for the previous 6 months.

my mother in law is our main co-sponsor, but her husband filled out an 864A as well, since they have joint tax returns. my MIL is self-employed, so she doesn't have pay stubs. she runs a private day care center for babys, and the parents pay by weekly checks. what should we send? her husband is retirend and only gets his monthly pension. do they want proof of this too? what can we make copys of?

in the original packet we send my mother in laws tax returns of last year (2007). do they want the last 3 years?

i am sorry for this long post, but we really need help. i am trying not to freak out right now.. i knew this 864 forms would break our neck.

thanks a lot.

[danielbro 0]

1. Yes they want birth certificates or passports on your mother and father in law.

2. I am sure your MIL keeps records of the money received weekly. I would send the records and on the I-864 it states in the instructions if you are self employed to send a copy of schedule C, D, E, or F from your most recent tax return which establishes your income from the business. I know you sent the last tax return, maybe the person looking at the file did not realize your MIL is self employed. I would send a cover letter explaning that she is self employed.

I would also send proof of your father in law's pension. If he receives a check stub send that. If direct deposit copies of the bank statments showing the money being deposited every month for the last 6 months. Be sure to explain in the cover letter about the pension and direct deposit. If your FIL has been receiving the pension for all of 2007 he would have received a W-2 or 1099 for the tax year 2007. Send that too.

When I sent my I-864 I did send 3 years of tax transcripts from the IRS. The transcripts are free and take about 10 days to receive. You can call and order the transcripts at 1-800-829-1040 or order by mail with form 4506-T.

Following is a link to the IRS web sight for transcripts. http://www.irs.gov/faqs/faq/0,,id=199557,00.html

The transcripts are just IRS copies of the tax returns filed. Anyone can make a tax return , but these are issued by the IRS.

I hope this helps.

[clolita 0]

oh thanks very much! that helped a lot. i told my MIL about what you mentioned and she's trying to get the things together. the only problem is that we don't have her birth certificate yet. we have to order it or something i suppose her baptism record doesn't count. thanks again.