AOS - RFE

[jelti 0]

When you give them what they need for the RFE it usually gets them moving on your file - in fact the fact that you GOT your RFE means they were working on your file and it wasn't just sitting in someone's pile someplace. If the RFE IS for a medical it's really relatively simple to fix - a medical doesn't cost a thousand dollars - if you had one in your home country and you have your vaccination certificate so they can transfer the information it's a mere formality. Mine took me thirty minutes (most of which was sitting and waiting) and cost a hundred and fifty dollars.

I know it's frustrating, but your case is really moving quite quickly compared to some peoples...

Thank you for the advice, but our RFE turned out to be proof that I make 125% above the poverty guidelines...which I do--and they have that proof.

However, I did NOT make 125% above the guidelines for the past two years, and this shows on my 2005 taxes.

In short? There is absolutley nothing we can do but go back. We cannot get a cosponsor, we cannot get an immigration lawyer, we cannot do anything except go back to where we started from...

[Canuck Carrie 1]

No way, absolutely DO NOT GIVE UP! You can get through this and so will we. As Mermaid said in my thread, it's a totality of the circumstances. We will be resending in the I-864, with paystubs, with 3 years tax transcripts, with an employment letter and a letter explaining the shortfall of income for a very short period of time, drawing attention to the fact that more weight is put on current income.

Dry your eyes and please don't quit

[jelti 0]

No way, absolutely DO NOT GIVE UP! You can get through this and so will we. As Mermaid said in my thread, it's a totality of the circumstances. We will be resending in the I-864, with paystubs, with 3 years tax transcripts, with an employment letter and a letter explaining the shortfall of income for a very short period of time, drawing attention to the fact that more weight is put on current income.

Dry your eyes and please don't quit

But see...we sent exactly that the first time. The paystubs, three years taxes, employment letter...the only thing I didn't include was a cover letter explaining everything, even though it's obvious through dates and such that I was overseas living with Aidan this past year, and a full-time student in Scotland the year before! They know all of this!! Aidan and I are both afraid that if we simply send back the same information with an attached cover letter, they're just going to deny us right then and there...

[Kathryn41 3,205]

Don't assume that they have made the connection between being a full time student and the income shortfall in previous years - they may have just looked at the bottom line on the file and sent out the request for more information without getting into the file in any depth. I would definitely respond to the RFE with the cover letter explaining the circumstances, including the requested material - again- and reiterate that you are just at the start of your earning career and it can only get better from here. Be positive and don't give up. Do believe in yourselves and don't believe that USCIS really 'knows' what is obviously in the file. They maynot have taken the time to read that you were a student - they just looked at the bottomline, so spell it out for them in fine detail. Tell them in no uncertain terms in ways they cannot miss about your circumstances. If you earn 125% this year - the first year that you have been working - then you should be eligible.

[Jenn! 918]

Yes, a cover letter is definitely the way to go. I neglected to write one in my original submission, figuring they'd put two and two together as to why my income fell short (it was foreign earned and therefore not taxable - my line 22 showed $0). When I responded to the RFE, in addition to sending 2005 taxes, I also made sure to explain why my line 22 was 0.

You have nothing to lose at this point - so try a cover letter. Yes, there's a chance they won't be satisfied if your past income wasn't sufficient. Maybe your employer could write another letter emphasizing that your current position is stable and you have great potential for growth or something like that?

I hope you guys are able to make it past this bump!

Edited June 9, 2006 by jenn3539