RFE Packet Ready to Go

[jelti 0]

Hi Everyone!

Regarding this post, Aidan and I have put together our RFE packet and plan on mailing it out this evening.

This packet includes:

*the original RFE letter

*a very detailed letter explaining our financial circumstances

*the letter from my employer

*my last 7 paystubs

*photocopies of my passport stamps showing I was living overseas and could not work

*some other miscellaneous additional evidence

I've attached the letter that I wrote in hopes of gaining some insight from you guys. Do you think the letter explains our situation? Have we left anything out of our packet? Is the letter too detailed?

Please keep in mind that I wrote this letter while very frustrated and stressed; my writing usually does not go into so much (unnecessary) detail. I like to keep things short and to the point, but when I re-read the letter this morning, I kinda liked the way it sounded--almost a bit desperate to prove that we're doing just fine and will continue to do so if given the chance. But, I'm not sure if the USCIS will like it. So please, give me your opinions. Aidan and I would greatly appreciate it.

Thank you all so much in advance!

[kerewin21 2]

I don't see the letter... But I just wanted to let you know, I totally 100% sympathize with your co-sponsor woes, and I hope this does the trick. I think it will. As one of the responders to your other post wrote, they probably didn't bother trying to piece together the full financial picture with what you submitted before, and this time if you have it clearly spelled out hopefully it will pass through without any problems.

Good luck

[jelti 0]

Here is the attached letter!

RFE_Letter_VJ.doc

[cukababy 0]

i would just change one thing on the letter. Instead of she will continue to support you until you receive your green card, say she will continue to support you until you can be credited with 40 quarters of work or have received your citizenship. that is technically when the Affadavit of Support is no longer necessary.

Good luck. We have our interview Wednesday and are going through a very similiar situation with my previous years income not meeting the poverty guidelines since I was a student studying abroad.

[jelti 0]

i would just change one thing on the letter. Instead of she will continue to support you until you receive your green card, say she will continue to support you until you can be credited with 40 quarters of work or have received your citizenship. that is technically when the Affadavit of Support is no longer necessary.

Good luck. We have our interview Wednesday and are going through a very similiar situation with my previous years income not meeting the poverty guidelines since I was a student studying abroad.

Oh, thank you!! I'll change that right away.

Good luck at your interview!!

[jelti 0]

I'm gonna bump this (just once, I promise!) to see if anyone else has any suggestions.

[rushter 0]

If you haven't sent it out yet....

I'm expecting the same kind of RFE for my case. My wonderful new love life took a major dive the day I came back from my first visit to my wife in 2002... and that was financial disaster. It's taken me until this year to get everything up to snuff to actually file for an aos. For the last two years we can show 125%.... but 2003 is hosed. But who cares about 2003 and only 12 grand... I showed them 'progress' and stability for the last two years.

Now, Your letter is excellent, however you're a little emotional in there, and a bit too verbose. You want to logically argue your position from a position of STRENGTH.

Look at page 2 paragraph 1. Find a way to get rid of it.

Page 2 paragraph 2. Too verbose. Give facts only.

Think Like screw you guys, here's where the buck stops.

The rest, reevaluate the statements. Think like a lawyer. You're going up against a person that probably has an inferiority complex anyway. At the top of the letter, label the evidence you're submitting... something like this:

RE: RFE (RFE / Case Number) Dated xx/xx/xxxx:

Exhibits:

A. Original RFE from USCIS, Verification of 125% Income Requirement

B. Letter from Current Employer, XYZ Enterprises

C. Previous Employment Paystubs: 02/01/2006 - 06/06/2006

D. Evidence of Out of Country Presence, Passport/Visa Photocopies

E. Evidence that I'm going to kick yer butt if you don't approve this thing.

To Whom it May Concern:

We are good people and you are totally misguided in even THINKING that we can't sustain ourselves, we kick butt and by golly we're going to prove it to you right now!

-------------------------------------------------------------

Don't actually write that, but THINK like that when making your case in writing. Think from a position of STRENGTH.

Remember, you were asked for an RFE! You were not denied.

Even if they deny you I believe you can still appeal your case - but get an experienced lawyer and get it done right, don't run away. (I've got one if you need it).

If you've already sent it off, then you may be ok as it stands. It depends on whether the person reading and examining your evidence thing has had his coffee for the day or not.

hope this helps!

[rebeccajo 14]

I can't believe I had not seen this thread. I actually woke up this morning thinking of sending Melissa a PM about how to write the cover letter.....arrrrgh!

Rushter - If you filed AOS after November 2005 your 2003 taxes are irrelevant anyway. You now only need submit the most recent tax year.

Melissa - Rushter has some good suggestions about organizing the letter. But I don't think it was too emotional. And I think you did a nice job of organizing the facts.

I'm attaching the letter that went with our AOS package (filed when you needed to send 3 years taxes). This letter along with the supporting evidence worked for us. My co-sponsor's packet was returned to us at the interview. As you can see there is some emotion in there! Plus I was needing to show income for a household of THREE, was relying on child support to get the income over the limit, and was FAR closer to the limit than you are!

LETTER

November 1, 2005

US Citizenship and Immigration Services

427 S. LaSalle – Third Floor

Chicago IL 60605-1098

A# - ###########

Robert Wesley XXXXXXX

To Whom It May Concern:

This letter is in support and explanation of Form I-864 as it relates to my petition for adjustment of status for my husband Robert Wesley XXXXXXXX.

I am a recently divorced woman with one dependant child. During the proceedings, family assets were either divided or sold. Therefore, my checking and savings accounts are fairly new (opened October 2004) and indicate some recent large deposits which reflect the movement of assets between my ex-husband and me. Aside from my wages and child support, these account balances now consist chiefly of money which had been moved from old joint accounts, a sizeable income tax refund from 2004, the liquidation of some household items (excess furniture and collectibles), and my cash settlement as outlined in my divorce decree. The newest account, opened in April 2005 with One Community Federal Credit Union is also a portion of my cash settlement.

I acquired my property by virtue of a deed of marital distribution executed on April 12, 2005 (copy attached). My ex-husband and I had jointly owned this property since July, 1979. I enclose a copy of a recent property appraisal to substantiate the value of the home ($117,900.00) as well as a recent account statement to reflect the balance owed on the mortgage ($94,540.00).

My income consists of my wages from my job as office manager for a local attorney ($14,700.00 per year) and child support I am receiving for my son ($6,480.00) for a total of $21,180.00 per year. My tax returns for the years 2002, 2003 and 2004 (filed jointly with my ex-husband) of course do not substantiate this figure, as I was working fewer hours and of course not receiving child support.

My job is permanent but not a 40-hour per week position. Recently my hours were increased to 24.5 hours per week. I could have sought another position with more hours and better pay when my divorce proceedings began, but I felt it was in the best interest of my son to try and keep at least part of his life from further disruption. As the divorce is now finalized and things are starting to settle down, I will either accept more hours at my present job or begin seeking another with better wages.

Also in regards to documentation of my wages, I have misplaced 2 of my pay stubs for 2005 (I am paid on a monthly basis). My employer was good enough to provide a copy of our payroll journal to substantiate my wages, and has attached his signature to same.

The child support is recently awarded as the divorce was not final until April 2005. In my state (West Virginia) is it not mandatory that support be paid thru any third party agency, especially in an action wherein the parent paying the support is employed at E.I. DuPont, as is the case with my ex-husband. Therefore the best record I have to document payment of this support is my bank statements. You will note the following monthly deposits since the first of December, 2004 which is about the time my ex-husband and I came to a verbal understanding prior to the formalized court proceedings which did not occur until April, 2005. These deposits also reflect my alimony payment of $1000.00 per month, which ended with my marriage.

 December 21, 2004 - $1614.26

 January 14, 2005 - $1879.13

 February 15, 2005 - $1939.13

 March 24, 2005 - $1500.00

 April 18, 2005 - $1504.13

 May 17, 2005 - $1540.00

 June 15, 2005 - $1540.00

 July 18, 2005 - $1540.00

 August 17, 2005 - $1540.00

 September 20, 2005 - $1520.00

I realize that with my life having taken so many turns during the last year, this may not be the strongest affidavit you have seen. Therefore I enclose a second I-864 for joint sponsorship completed by my father.

In my defense I will state that I believe I have made the best decisions for myself and my son during what was a stressful time. I was able to keep him in the home he has been in since birth. It might have been a smarter financial decision to have moved houses, to have taken on more hours or sought another job, but it would not have been in the best interest of my son. Now that things have stabilized I can begin to be gone from home more and earn a bit more money.

I have no other debt besides my house payment. I have savings that I use rarely and should tide us over nicely if we get in a pinch. I am proud of what I have accomplished, both on my own since the divorce and together with my son.

Now all I pray is that my husband and I can begin a new life in America together.

Sincerely,

Rebecca JoAnn XXXXXXXX

Edited June 16, 2006 by rebeccajo

[jelti 0]

rushter and rebecca,

Thank you both SOOOOO much for the great advice! We haven't sent out the RFE yet...we're trying to make sure everything's just right. I'm going to take both of you guys' advice and make just a couple changes on the letter and then just get it sent out! We're so tired of worrying about everything...and one way or another, we just want this over with.

Aidan and I truly appreciate your replies. Thank you again.

[Bosco 1]

Rushter - If you filed AOS after November 2005 your 2003 taxes are irrelevant anyway. You now only need submit the most recent tax year.

I was under the impression only the most recent year was needed as well. However, we received a letter for our AOS interview just today and it specifically states that "Federal Income Tax returns and W-2's, or certified IRS printouts, for the past 3 years.

Rebecca

[Jenn! 918]

Rushter - If you filed AOS after November 2005 your 2003 taxes are irrelevant anyway. You now only need submit the most recent tax year.

I was under the impression only the most recent year was needed as well. However, we received a letter for our AOS interview just today and it specifically states that "Federal Income Tax returns and W-2's, or certified IRS printouts, for the past 3 years.

Rebecca

I wonder if they just haven't changed the interview letter text since they implemented the revised requirements.