RFE question, checking myself for stupid errors

[garnet80 1]

Hello,

Today we got our RFE on our I-485. I was TERRIFIED of what it would be, since I'm newly (and unexpectedly but thrilled) pregnant.

Anyway! I don't want to get cocky and assume I know exactly what I'm doing. And honestly after looking at it again, I may be kind of lost. So if anyone could, please guide me in fixing our error?

It says, "Page 3 of Form I-864 Affidavit of support submitted is blank or missing. Complete and return the enclosed page(s) of Form I-864."

Link to form

Alright so I am the USC wife to my Canadian husband who came over on a K-1. We share a house with my USC mother, who is our co-sponsor. I make next to nothing, and have been out of work on medical leave (so really, I have no income right now, but am still employed...), and she makes enough to cover all 3 of us.

Page 3 is parts 5 and 6.

Question 21: Your Household Size - Do not count anyone twice

Persons you are sponsoring on this affidavit:

a) Enter the number you entered on line 10: (I think this would be 1, for my husband, correct?)

Persons you are not sponsoring on this affidavit:

b)Yourself (also a 1, right?)

c)If you are currently married, enter "1" for your spouse. (It says not to put anyone twice... and I already counted him in (a) so ??)

d)If you have any dependent children, enter the number here: 0 (an easy one!)

e)If you have any other dependents, enter the number here: 0

f)If you have sponsored any other persons on an I-864 or I846ez who are now lawful permanent residents, enter the number here: 0

g)Optional: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A enter number here: (Would this be a 1 for my mom? I am 99% sure she did use the I-864A form for us)

h)Add together the lines and enter the number here: Household Size: (winning answer 3?)

Then on part 6, should I answer as though I am not on medical leave? Or ? It would be easy enough to fill in if I answer for a normal period... I don't know quite what to put if I need to include information about my leave.

So to anyone kind enough to have gone through this, thank you so, so much. I am very much leery of making a mistake now, we are on the home stretch, finally!

Thank you again. The kindness shown here at VJ over the past year has been absolutely wonderful.

[Nik+Heather 121]

Hey, thanks muchly for the handy link to the form, it really helped with following along for your question. Yes, I think you got the household filled out correctly, 1 for hubby in the first part, 1 (already there) for you, and 1 for mom in part g.

What happened with Part 6? Did you say unemployed and $0 salary or did you say employed...? Does line 23 match line 24a?

Did they enclose any pages of the I-864??

I'm stumped. I think do your best on there again, and include a cover letter which explains that you are not unemployed, but rather on unpaid leave from your job. Do you have documentation for that, which could be sent along?

Do you have copies of your previous packet? can you confirm that your mom sent in I-864A (and not I-864?) I wonder if there was something amiss with HER affidavit and we're barking up the wrong tree.

I'm not trying to be annoying about all these questions. Sometimes it's really hard to figure these things out because our eyes slide right over the problem - for us, we couldn't figure out our issue, my eyes skipped right over the problem despite checking over and over. Also, I think the person who wrote our RFE really had their hands tied by the standard options for the RFE, and they were trying to give us a hint by saying it was signed on the wrong date when what they wanted to say that it was signed on the wrong PART, so check out the whole page, and any related documentation.

[garnet80 1]

Thanks for your reply! They sent back a page 3, and it has an answer (answer written is: 1) filled in for question 21, b. The rest of the form is blank.

I do have a copy. In my copies, I DID fill out the whole form. Looking again, yes, my mother filled out the I-864A.

For my employment, when I filled this out, I put my position and annual income with no mention of leave. (At the time it was expected to be very short term, so I answered it as though I were still working.)

I don't have documentation of my leave, but it wouldn't be hard to get... if necessary?

Thanks again.

[VanessaTony 3,567]

Honestly it just looks like they've misplaced your page 3 if you've filled it in like you said you have.

Complete the form as you did previously. You are employed. BUT the question "Your current income is:" depends on you. Personally i think you have two choices:

1. Write :$0.00 and include a letter stating you are on unpaid medical leave.

2. Write your income as if you WEREN'T on leave. Bearing in mind if you told them you were on unpaid leave this isn't an option.

If the forms you sent INCLUDED your income (i.e. you didn't mention you were on medical leave) then I don't think you can change it now.

Then remember that page 3, qn 23 MUST match qn 24a. Then you would write your mothers income in 24b then add a & b to but in c. Seems obvious but I thought I'd mention it anyway.

In my personal opinion as you are currently on unpaid leave I would include the letter stating you are on unpaid medical leave and put $0.00. Bearing in mind, that if you submit the letter stating you are on unpaid leave, and that letter states you unpaid leave started BEFORE you sent your last i-864 you might have issues.

If you list your income and it passes the 125% that doesn't mean that you aren't allowed to use your mum... just so you know.

Anyway, I just think they lost the page so complete it again and resend it... making sure it flows with the rest of the paperwork you sent (i.e. it matches). I would get that letter for the interview though.

Good luck.

Edited October 13, 2010 by Vanessa&Tony

[garnet80 1]

I find it so strange that the page they sent me has one answer filled in, while each copy I retained for my own records is fully filled in... Puzzles me. A blank sheet would make more sense, but I guess I'll never know.

I did do the 23, 24a, and then 24b correctly in my copies.

The forms I sent in absolutely had my regular income. I never said a word about unpaid leave.

My income definitely does not surpass the 125%, far, far from it. Part time, minimum wage in my state gives me an annual salary of about $4,350 (although hours get cut all the time, this number is totally up in the air in reality). I understand what you're saying though.

My fear is if I add the letter in, it will just mess things up farther. Because I am very part time on a normal basis, I could still make up the time I've missed I think. Missing time or not, this could still be a correct annual income, or close to it. Anyway, I am not trying to dodge the truth, it's not like it matters since my mother is the only income that matters, it's just that I worry about any new information given that will jam this up. So I do fear adding the letter. But I don't want to be deceitful either. I seriously don't know which way to go here. Add the letter or not.

You think it would be a good idea to have that letter for the interview in any event?

I really don't know what to do now. At least I do know how to fill the page out.

Thank you for the reply.

Edited October 13, 2010 by garnet80

[garnet80 1]

I have one more question... if my husband is working by the time we have our interview, does his income matter? I wish the interview had happened before the pregnancy.

[VanessaTony 3,567]

The one answer is the "you" question right? It's actually like that on the forms

I would complete the form as if you aren't on unpaid leave. After all, you are still employed and like you said, your income isn't near enough to fill it.

I agree with you that telling them about the leave now would just be confusing but I would get the letter if you're called for interview and mention the happy news about the baby when giving them the letter.

I honestly just think they've lost your page Just fill it in like you did last time and send it again

I have one more question... if my husband is working by the time we have our interview, does his income matter? I wish the interview had happened before the pregnancy.

nope. Doesn't matter. You COULD have used it but you have your mum to co-sponsor so don't stress

p.s. Baby news is always good news

Edited October 13, 2010 by Vanessa&Tony

[garnet80 1]

The one answer is the "you" question right? It's actually like that on the forms

I would complete the form as if you aren't on unpaid leave. After all, you are still employed and like you said, your income isn't near enough to fill it.

I agree with you that telling them about the leave now would just be confusing but I would get the letter if you're called for interview and mention the happy news about the baby when giving them the letter.

I honestly just think they've lost your page Just fill it in like you did last time and send it again

nope. Doesn't matter. You COULD have used it but you have your mum to co-sponsor so don't stress

p.s. Baby news is always good news

Oh! Lol yes, it is the "you" question! That solves that then!

I was just worried about my moms income now having to cover four instead of three, if we have an interview and this comes up. She makes 28,900ish, which is just barely cutting it, if I am remembering right.

Due to our RFE, does this promise an interview? Or could we still be sent off to the CSC?

We are excited about the baby for sure. We do question his or her timing though lol.

I am going to take your advice, fill it out just as I have it on my personal copies and get it in the mail. I will get a letter from HR for if and when our interview comes up.

Thanks so much for all of your help. I am feeling loads better!!!

[VanessaTony 3,567]

Oh! Lol yes, it is the "you" question! That solves that then!

I was just worried about my moms income now having to cover four instead of three, if we have an interview and this comes up. She makes 28,900ish, which is just barely cutting it, if I am remembering right.

Due to our RFE, does this promise an interview? Or could we still be sent off to the CSC?

We are excited about the baby for sure. We do question his or her timing though lol.

I am going to take your advice, fill it out just as I have it on my personal copies and get it in the mail. I will get a letter from HR for if and when our interview comes up.

Thanks so much for all of your help. I am feeling loads better!!!

Cover 4? Nah, your unborn babe doesn't count just yet and you're not due for some time I'm sure, so don't worry. Even then, $27,562 is the 125% of the poverty line for 4, $22,887 is for 3. If it makes you feel any better my husband was at school full-time and working part-time when he did my I-864 so we scraped by by around $1000... and we were approved no issue. Over the line is over the line, doesn't matter if it's just $10

RFE doesn't promise interview. You could still be fine. Even if you do have an interview I wouldn't worry about it. Just keep all your co-mingling evidence in a little box and when the time comes you'll be fine. It's definitely not an issue to have an interview if you're a loving legit couple.

[garnet80 1]

Cover 4? Nah, your unborn babe doesn't count just yet and you're not due for some time I'm sure, so don't worry. Even then, $27,562 is the 125% of the poverty line for 4, $22,887 is for 3. If it makes you feel any better my husband was at school full-time and working part-time when he did my I-864 so we scraped by by around $1000... and we were approved no issue. Over the line is over the line, doesn't matter if it's just $10

RFE doesn't promise interview. You could still be fine. Even if you do have an interview I wouldn't worry about it. Just keep all your co-mingling evidence in a little box and when the time comes you'll be fine. It's definitely not an issue to have an interview if you're a loving legit couple.

Crossing our fingers for no interview then! And if we have one, that it happens sooner than later. We put the RFE back in the mail this morning. It's only going a state over, so I hope the wheels get moving again quickly.

Thanks for your help and insight through this!