RFE – Co Sponsor/125% Poverty Line

[Canuck Carrie 1]

Melissa, take zyggys advice, it's fantastic.

Last night I was all crying, "I don't want to be deported", this morning I'm pulling out all the stops, typing up a very detailed cover letter, gathering everything I can. We've come this far, there is no way we should give up.

[jelti 0]

Melissa and Aiden,

I feel your pain completely. Sean and I have NO ONE to ask either. Seems like there is not much

understanding of this sometimes. I just have NO options for a co sponser, and without getting in to

personal details of each of our lives, if you say you have no sponser or potential sponser, I think

it's more respectful just to believe you and try to come up with alternatives.

Our problem is the same. I do not have tax returns for the last few years, having had a stretch of

very bad financial luck and large gaps in unemployment.

Other than a letter from my employer now, which states my CURRENT income and the fact that I am

a long-term, permanent employee, I have NO proof. It just happens this way sometimes.

Now, if you've been here, both working, and making the 125%, did they say that showing pay stubs, bank

statements, and employment letters did not suffice as proof?

What exactly was it that you were able to submit?

Seems to me that if your household currently meets the requirements, all else should be immaterial...

Ah, lovely immigration.

Thank you so much for your very thoughtful comment.

Aidan's been here since November, but not able to work yet (no EAD, and no temp EAD as he didn't fly in through JFK). I was at a not-so-nice job making just barely above the poverty line until about four months ago when I got this job. Now I'm making way above the poverty line, and we provided them proof of that when we submitted our AOS packet. We sent paystubs, letter from my employer, and bank statements. We also, however, submitted my taxes (as requested) which didn't have more than $5,000 worth of income for 2005--because I was living with Aidan during most of that time, and a full-time student in Scotland the year before that.

We're just completely stuck right now...I mean, we were planning to eventually go back to Ireland anyway...but not this soon, and not this broke.

Edited June 9, 2006 by jelti

[aidan80 9]

We intend to fight till the last man falls; We don’t intend to just give up. We plan on digging in and fighting for our right to remain together legally in the US (even if it’s just for a few years) after all if 12 million illegals can get the chance to become legal then this (done by the book and paid all our fees) legal from day one alien has to be able to stay. All options of getting a co sponsor have been exhausted inside and it’s now as viable as a boat with holes in it.

The best thing we can do is maybe draw up a cover letter, add evidence showing and explaining everything and hope for the best. If worst comes to worst we can either leave the country with less than what we came in with or.. What I’d like to do is attempt to bring the issue to the attention of the US Ambassador back home and my locally elected liars.. I mean politicians back home, by sending letters. I’d also bring the issue to the attention of local politicians here and the media in the US... but all in all, I doubt I’d do a lot of good or get much in the way of real help.

[jelti 0]

Does anyone know how to go about scheduleing an infopass appointment? What are you guys' thoughts on this? Do you think this could benefit our case? We could bring all our documents showing that I make 125% above the poverty guidelines and prove to them that I've been supporting Aidan for the past 7 months.

How do I schedule one? What happens at the appointment? Does it cost any fees?

[zyggy 9]

We intend to fight till the last man falls; We don’t intend to just give up. We plan on digging in and fighting for our right to remain together legally in the US (even if it’s just for a few years) after all if 12 million illegals can get the chance to become legal then this (done by the book and paid all our fees) legal from day one alien has to be able to stay. All options of getting a co sponsor have been exhausted inside and it’s now as viable as a boat with holes in it.

The best thing we can do is maybe draw up a cover letter, add evidence showing and explaining everything and hope for the best. If worst comes to worst we can either leave the country with less than what we came in with or.. What I’d like to do is attempt to bring the issue to the attention of the US Ambassador back home and my locally elected liars.. I mean politicians back home, by sending letters. I’d also bring the issue to the attention of local politicians here and the media in the US... but all in all, I doubt I’d do a lot of good or get much in the way of real help.

Thats what I and others have been trying to tell you.. If you believe you've exhausted everything inside, it's time to go outside and take a look... and if outside doesn't work, it's time to try inside again... keep on trying, tell as many people as you can... I believe that someone will crack when that deadline gets nearer and nearer...

You can try to make an Infopass appointment and see where it get you, but I don't see how it's going to help you. Your local DO is not processing the case, the NBC is, and the adjudicator you have to please is the guy in Lee's Summit, Missouri, not in Orlando. It never hurts to try (and in your case you'll need all the help you can get), but don't be surprised to see them throw up their hands, but at least you can say that you tried.

It doesn't cost anything... you do it on the USCIS website...

[mollyandstephen 0]

I would make an Infopass appt and see what the officer tells you. I feel for your situation. I'm sorry it's tough right now. I just wanted to tell you about our experience and how we handled it. Maybe it will help. We filed for my husband's AOS in December. I graduated from college one year ago and make well above the poverty line now but none of my past taxes showed that since I had been in college. The 2005 taxes weren't ready yet since it was still in December that we filed. We got a RFE in January stating exactly what yours did. We wrote a cover letter that was very specific about our situation and we sent back every bit of proof that we could to show them that I make above the poverty line. I sent unofficial transcripts from my school showing that I had been in school during the tax years in question and also showing my graduation date. I sent them every pay stub for the last six months and a letter from my employer stating my annual salary. In the cover letter we were specific about why I had not met the requirement in the previous tax years and my current salary, etc. We crossed our fingers, said a prayer and mailed it off to MSC. Within a few days, we got an email stating that our AOS was back on track and have not had any further problems. We are planning to take updated I-864 to the interview to make it simpler at that point. We did not have a co-sponsor. I think that the MSC will re-think the RFE when they know specifics of your situation and see proof that you are currently making more than the poverty limit. It's worth a try! Maybe put the package together, write the letter and take it all to an Infopass appt and ask the officer to review it and tell you if it would be acceptable or if there is anything else you can do (besides get a co-sponsor) that would satisfy the RFE. Good luck! Don't give up yet!

Molly

[Reba 2]

lots of couples here at VJ (and I'm sure elsewhere i nthe ether) have passed the requirements for the affidavit of support even if they only just graduated college, adn without any RFE. Why is it such a problem with USCIS now I wonder?

Gather up all the information that Molly did, get transcripts from your university if you can, and a letter from someone in Ireland who can say you were there for XX number of months and another letter from your current employer about how much you make there now and how stable your job is ( ). Bundle it all up in a nicely worded letter, and like Molly, cross your fingers and pray.

Best of luck to you, it'll work out.

[jelti 0]

Thanks guys, we really do appreciate all the advice and kind words.

[Kitty_Cat 0]

This is a difficult situation ..... can't you beg your mother?

[zyggy 9]

lots of couples here at VJ (and I'm sure elsewhere i nthe ether) have passed the requirements for the affidavit of support even if they only just graduated college, adn without any RFE. Why is it such a problem with USCIS now I wonder?

Gather up all the information that Molly did, get transcripts from your university if you can, and a letter from someone in Ireland who can say you were there for XX number of months and another letter from your current employer about how much you make there now and how stable your job is ( ). Bundle it all up in a nicely worded letter, and like Molly, cross your fingers and pray.

Best of luck to you, it'll work out.

Agreed... this is what I would do if all the co-sponsor avenues were exhausted... but I would still keep on trying... a co-sponsor definitely has the lowest risk involved...

[jelti 0]

This is a difficult situation ..... can't you beg your mother?

ETA: I already have. Last year, numerous times when I thought I needed a cosponsor just to get Aidan into the country. We were prepared for Aidan to get denied at his interview because we just could not get a cosponsor.

I begged her again before I sent away for Aidan's adjustment of status. She can't and won't. And honestly...with the stuff they ask on the I-864, I really can't blame her. It's just too much to risk.

Edited June 9, 2006 by jelti

[Yodrak 7]

jelti,

Finally you provide some useful information that might help one understand your circumstances and how the USCIS case officer may be viewing your situation.

The requirement is that you have a sufficient income, and that it be a sustainable income. Income history may or may not be a good indicator of sustainability. In your case it does not seem to be a good indicator, neither positive nor negative. But it may be that the case officer did get a negative feeling from your 2005 tax return. You need to emphasize your present employment, its suffiuciency, and its high likelyhood of being enduring. Perhaps your employer can add some more positive aspects to the letter - no employer these days will make a statement that your employment is 'permanent', but perhaps your employer would say things such as your performance to date has been excellent, you have passed your probationary period, or whatever might be appropriate to your employer's policy for new employees to indicate that they expect you to continue in your employment. (You're not in a temporary position, or on a limited time contract, are you?)

How much of what you wrote in this post did you explain in your I-864 package? If you didn't explain your financial history with your initial submission, do so - so that your low income in the past can be seen as appropriate for the circumstances (circumstances that are not likely to be repeated in the future) and not as an indication that you can't hold onto a job.

Resubmit everything that you submitted before, but updated as appropriate (the pay stubs, the employment letter) - it may be that some of the supporting documentation that you submitted has gone missing from the file. It's happened.

Good luck

Yodrak

....

Aidan's been here since November, but not able to work yet (no EAD, and no temp EAD as he didn't fly in through JFK). I was at a not-so-nice job making just barely above the poverty line until about four months ago when I got this job. Now I'm making way above the poverty line, and we provided them proof of that when we submitted our AOS packet. We sent paystubs, letter from my employer, and bank statements. We also, however, submitted my taxes (as requested) which didn't have more than $5,000 worth of income for 2005--because I was living with Aidan during most of that time, and a full-time student in Scotland the year before that.

....

Edited June 9, 2006 by Yodrak

[timelena 0]

jelti,

We also do not have any family member who was making above 125% of the poverty line for the last 3 years. So we asked my husband's boss to be our sponsor. He agreed to help us, since my husband is a valuable employee

Maybe someone in you family or among your friends has a boss or co-worker who is making enough?

Ask the joint sponsor to give you all the documents and copies in a sealed envelope if he/she is unwilling to share personal information with you.

Moreover, they really do not require 3 years of sufficient income now. One year is enough, and the interviewing officer said we did not need a joint sponsor sine my husband made enough in 2005 and destroyed the Affidavit of Support by hubby's boss.

Good luck to you!

[aidan80 9]

jelti,

Finally you provide some useful information that might help one understand your circumstances and how the USCIS case officer may be viewing your situation.

The requirement is that you have a sufficient income, and that it be a sustainable income. Income history may or may not be a good indicator of sustainability. In your case it does not seem to be a good indicator, neither positive nor negative. But it may be that the case officer did get a negative feeling from your 2005 tax return. You need to emphasize your present employment, its suffiuciency, and its high likelyhood of being enduring. Perhaps your employer can add some more positive aspects to the letter - no employer these days will make a statement that your employment is 'permanent', but perhaps your employer would say things such as your performance to date has been excellent, you have passed your probationary period, or whatever might be appropriate to your employer's policy for new employees to indicate that they expect you to continue in your employment. (You're not in a temporary position, or on a limited time contract, are you?)

How much of what you wrote in this post did you explain in your I-864 package? If you didn't explain your financial history with your initial submission, do so - so that your low income in the past can be seen as appropriate for the circumstances (circumstances that are not likely to be repeated in the future) and not as an indication that you can't hold onto a job.

Resubmit everything that you submitted before, but updated as appropriate (the pay stubs, the employment letter) - it may be that some of the supporting documentation that you submitted has gone missing from the file. It's happened.

Good luck

Yodrak

Yodrak,

Thank you very much for your advice. We are going to do just that.

[jelti 0]

I've got one more quick question for you guys...

Does anyone know what will happen if we send in our RFE and it, too, gets rejected? Will they ask Aidan to leave the country immediately, will they ask for another RFE, will the case continue to be processed but Aidan will immediately be denied at the interview?

Anyone have any ideas?

Yodrak, thank you for that very valuable information!! We're going to send back the requested info asap.