RFE I-864 Advice Please

[ktun 0]

We have received an RFE for I-864. As far as I can make out, we filed everything they asked for. We've even been to our local office, shown them the letter and copies of what we sent. They sent an email to MSC on our behalf also. However, I am worried about just resubmitting the package as it was sent before. Clearly although our income is above the 125% threshold, they have found something insufficient about it as they sent the RFE.

So my question is. Do you think it is wise to get joint sponsors as a back up, even though we should technically not be required to have one? We have two potential sponsors lined up. One is my husband's father. He is retired, but is a landowner and has a good income from that and an excellent private pension. His income would be well above the poverty guidelines. Does it matter that is is retired?

The second co-sponsor, a friend of ours, does not work either, but he is incredibly wealthy through money he has made with property and investments. Again his income on his tax returns would be WAY above the 125%. Again does it matter that he does not work?

Friends/family that are working I could not ask to be co-sponsors as they have families and young children to support.

Any thoughts/advice would be greatly appreciated.

Thanks

Kate

[Jasman0717 9]

If you haven't received the actual RFE letter I wouldn't try to speculate why you did get the RFE. It could be something as simple as a missing signature or question not filled in.

I hope it is something easy for you to correct! Good luck, Claudeth and I wish you the best

[motu 6]

I am a recent retiree (early retirement) and am sponsoring my wife - so far no problems. Interview in 2 days. I think using a retired person as a co-sponsor is perfectly OK, but is that what you need or is there another reason for the RFE? Good Luck

[ktun 0]

The RFE doesn't ask for a joint sponsor, asks for tax returns, W2s etc. Well we couldnt send tax returns as we have (husband hasnt) been required to file them for the past few years. Explained all that in a cover letter and showed proof of income above 125%. Our local office said what we already sent should have been sufficient, and sent a reminder to MSC on our behalf. Yet, I just wonder if getting joint sponsors would just help make sure that the response to the RFE will be accepted. What I mean is, I dont want to send the exact same information back, and risk a denial/rejection, when clearly they think something is wrong with it. Although what exactly, I dont know.

[sukie175 0]

We have had an RFE for the I-864 this week too and yours sounds as crazy as ours. We did send 3 yrs tax returns but on the last year my husbands business had a big depreciation that put us just below the level. We wrote a separate letter too explaining but we also had way more in assets listed than the 5x the difference you need to have!! So it seems they do not understand what depreciation means (it just lowers your taxable income) and they don't follow their own rules on the assets counting.

I tried calling and talking to them but they could not explain why we got an RFE! So we are just going to send in the 05 tax return when we get it. We also thought about a co-sponsor but decided to just go it alone, but I understand why you are nervous - we are too.

In your case probably the fact you had no tax returns is the reason - did you list assets? If you can easily get a co-sponsor then I would to be safe. Don't you just love the USCIS!

Good Luck

Sarah

[ktun 0]

Sarah, Thank You for your response. My local office could not see also why we got the RFE, hence they wrote an email to MSC on our behalf, showing how we'd explained the lack of tax returns etc.

I quote my local office "The people at MSC are just data entry clerks, they dont know what they're doing really, they just work off a check list and if anything is missing from that check list, they'll RFE. They dont consider evidence of individual circumstances. They're not trained to do so."

WELL, how reassuring is that?!?! But, anyway, I really dont want this to be a stumbling block for us. Fortunately we have supportive friends and family here, but it is really taking a toll on us.

[Yodrak 7]

Kate,

Can you tell of the RFE came from the NBC proper, or from the lockbox in Chicago?

I am guessing that it might have come from the lockbox, where the comment of your local office is exactly correct - they open the submissions, check them for completeness, and put them into a file. Then the case files are sent on to Missouri where the adjudicators are.

Your explanation for no tax returns would better have been put with the I-864 and supporting documents, where the tax return would have been, rather than in the cover letter. Cover letters are just that - cover letters - not part of the material required for a submission, and may not get looked at. The person who sorted your submission undoubtedly looked through the financial materials, found neither tax returns nor an explanation for their absence, and sent the RFE.

Yodrak

Sarah, Thank You for your response. My local office could not see also why we got the RFE, hence they wrote an email to MSC on our behalf, showing how we'd explained the lack of tax returns etc.

I quote my local office "The people at MSC are just data entry clerks, they dont know what they're doing really, they just work off a check list and if anything is missing from that check list, they'll RFE. They dont consider evidence of individual circumstances. They're not trained to do so."

WELL, how reassuring is that?!?! But, anyway, I really dont want this to be a stumbling block for us. Fortunately we have supportive friends and family here, but it is really taking a toll on us.

[ktun 0]

Yes Yodrak, it was unfortunately from NBC, the files had already been passed to there and that is where we are instructed to send the additional info back to. And yes the explanation for lack of tax returns was stappled directly to the I-864 along with the proof of income, I even highlighted certain passages and cross-referenced to a letter from the IRS supporting our claim which likewise was stapled to the I-864.

I guess I will try to get the joint sponsors in line to make sure that our RFE response is accepted.

Anyone else had experience with submitting co-sponsors who have large incomes, but retired?

[sukie175 0]

Wow Kate - what you quoted from your local office is what I now firmly believe - how wonderful to have it confirmed though that they are not trained to do a bit more than tick boxes!

Ours also came from the NBC.

Go with the co-sponsor, I am sure it will be fine.

[ktun 0]

You know what, they permitted us to record the conversation also at the local office, so we have it on tape!!