RFE on I-485

[zeezawrydan 1]

I know this is probably gonna be a stupid question but Im going to ask it anyway.

I got my RFE in the mail today and they sent me 2 letters which I am attaching with this post. for I-864 and I-864A.

My question is for page 2 which is for I-864 RFE, My husband is currently working and he just started in July, we can provide pay stubs since July and a letter for employment as we don't own any personal property or anything...

it also says there a joint sponsor will need to file another form I-864, provide copies of the most recent federal income tax returns and evidence of their status as a US citizen or LPR.

To my understanding, apparently, they needed more proof of income from our co-sponsor. sending the docs on the RFE letter for "I864a" should be able to suffice. Yes?

OR Did we file the right form (I864a) for the co sponsor? why are they needing another sponsor? Do we have to get a new sponsor?

I'm so lost here.

[amykathleen2005 441]

I'm a bit unclear. Did you have a cosponsor in the first place or are they suggesting you to get one?

Unless your cosponsor lives with you and is counted in your household (ie. mother, father, etc.) then they should have filled out the I-864.

Edited October 30, 2010 by amykathleen2005

[zeezawrydan 1]

Sorry for the confusion.

Here is the situation to clear things out a little bit:

My husband was out of work since January then he got his Job back in June. He is my primary sponsor so he filled out the I-864 form. We only sent his W2 and 1040EZ for 2009. We did not send any pay stubs or letter of employment indicating that he is employed because we did not think it was required. (it was stupidity on my part.. I know.)

My husband's brother which is currently living in the same household is our co-sponsor so he filled out the I-864A form. The documents that we sent with the form was W2, 1040EZ for 2009, Birth Certificate and his Driver's license(for proof of residence).

I think I got USCIS confused because I did not send them any proof that my sponsor is currently employed? and also was I-864A the right form that my co-sponsor filled out?

According to Page 2 of my RFE, they need a co-sponsor because my sponsor(Husband) did not meet the requirement but then we already did have a co-sponsor?

I just wanted to clarify if they needed the co-sponsor's proof or are they putting my co-sponsor as a sponsor because they think my husband is not working? (because I did not send any pay stubs with it)

Thanks so much if anyone can help me out understanding what USCIS needs...

[amykathleen2005 441]

I would send a new form for your husband and his brother the household member listing the new incomes and the paystubs as well as letters of employment for both. That way you've got all your bases covered and USCIS can see the full extent of your finances.

Edited October 30, 2010 by amykathleen2005

[zeezawrydan 1]

I would send a new form for your husband and his brother the household member listing the new incomes and the paystubs as well as letters of employment for both. That way you've got all your bases covered and USCIS can see the full extent of your finances.

Hi Amy,

Thanks for your reply. Yes, I would just have to send them the new forms. I-864 for my husband and I-864A for co-sponsor is that correct? Another question,

on the forms they ask for the sponsors/co-sponsors 3 years income, Should I put

Example:

For sponsor

2010 XX,XXX.00(Just put the income for the last 4 months he worked in 2010 with pay stubs and employment letter?)

2009 XX,XXX.00

2008 XX,XXX.00

and should I do the same for the co-sponsor? for 2010 I should just put what his income was since January 2010?

[VanessaTony 3,567]

just to confirm.

On the I-864 you would list your co-sponsors income combined with your sponsor. The I-864A doesn't list the co-sponsors income so I'm sure you know this but it bears mentioning.

Then you would include tax returns for both your sponsor and co-sponsor. If the sponsor is employed but doesn't make enough then you don't need a letter saying he has a job UNLESS his income is important to make up the difference between the requirements and co-sponsors income.

The good thing about an I-864A is the sponsor and co-sponsor can combine their income so if the sponsor earns $8000 and the co-sponsor earns $11,000 separately it's not enough but COMBINED it's over 125% of the poverty line requirements so that's all that's needed (that is for a 2 person household... see I-864P for the poverty line for household sizes and requirements for them).

So I don't know if that really answers your question but I hope that helps anyway.

Edited October 31, 2010 by Vanessa&Tony

[JimVaPhuong 4,863]

just to confirm.

On the I-864 you would list your co-sponsors income combined with your sponsor. The I-864A doesn't list the co-sponsors income so I'm sure you know this but it bears mentioning.

Then you would include tax returns for both your sponsor and co-sponsor. If the sponsor is employed but doesn't make enough then you don't need a letter saying he has a job UNLESS his income is important to make up the difference between the requirements and co-sponsors income.

The good thing about an I-864A is the sponsor and co-sponsor can combine their income so if the sponsor earns $8000 and the co-sponsor earns $11,000 separately it's not enough but COMBINED it's over 125% of the poverty line requirements so that's all that's needed.

So I don't know if that really answers your question but I hope that helps anyway.

All correct, except for the dollar amounts in your example. If the sponsor and co-sponsor are combining income then they are both included in the household size. Add the immigrant, and the minimum household size is 3. The minimum combined income would be $22,887.

[VanessaTony 3,567]

All correct, except for the dollar amounts in your example. If the sponsor and co-sponsor are combining income then they are both included in the household size. Add the immigrant, and the minimum household size is 3. The minimum combined income would be $22,887.

lol. Noted and correct. Thank you for your advice as always :D

[zeezawrydan 1]

Thank you so much amykathleen2005, Vanessa&Tony and jimVaphuong for your answers it really helped a lot. Now I understand completely how it goes for I-864 and I-864A

Last set of questions before I go ahead, just to make sure... If you have seen my RFE letter on my first post I definitely sent the right forms but just lacking of evidence? would it be a better idea if I just resend the forms I864 and I864a? This time with all the requirements they need for the sponsor and cosponsor? ie: Letter of employment, pay stubs, tax forms? would it confuse USCIS if I resend the new forms again? this time with the right requirements they need? or should I just go ahead and send whats stated in the letter? Because to my understanding, they need requirements only for the co-sponsor. and as for the sponsor, if he can't provide (assets) then a co-sponsor would suffice?

Another thing I don't understand, My husband(sponsor) and his brother (cosponsor) would meet requirement IF it is COMBINED. But if they separate each income they would NOT meet it. if I am right, according to the letter they just need the co-sponsors documents. But how would USCIS know if they both meet the requirement if I don't send them my husband's pay stubs? would it be from the last year gross income?

So I do really have to send Pay stubs and a letter of employment for my husband to make up the difference of the requirements for household size of 3 yes?

Again, Thank you all.

[Harpa Timsah 13,258]

You need to send last year's taxes, W-2's AND proof of current employment for both people. It looks like they are asking for proof of current employment for your cosponsor.

I read the letter as saying that you do not meet the requirements for sponsor (which you already knew), then a second issue is that your co-sponsor evidence is not sufficient to fix the first issue... ie you forgot to send in proof of current employment for co-sponsor.

As to what to do with the forms when sending back, sorry, I don't know!

[zeezawrydan 1]

You need to send last year's taxes, W-2's AND proof of current employment for both people. It looks like they are asking for proof of current employment for your cosponsor.

I read the letter as saying that you do not meet the requirements for sponsor (which you already knew), then a second issue is that your co-sponsor evidence is not sufficient to fix the first issue... ie you forgot to send in proof of current employment for co-sponsor.

As to what to do with the forms when sending back, sorry, I don't know!

Okay, Thanks a lot! My husband and I are thinking to send newly filled out and signed forms WITH the evidence, but I would like to hear everyone's opinion in VJ if we should just send the evidence(s) alone or resend the forms...

THanks Harpa, you've been a big help

Edited October 31, 2010 by zeezawrydan

[zeezawrydan 1]

Letter of employment containing the following...

"prospects for future employment and advancement"

My co-sponsor is trying to get a letter from his employer. They are just being such a total a$$ We have to wait for 1 week to get it from HR department

I was just wondering, no employer could ever guarantee that they would employ an employee indefinitely. How is this possible??? It's impossible to have a guarantee or future employment in this economy, unless they have a contract.

I feel so down.

[saj102965 1]

No an employer can not guarantee employment. I didn't even have that put in my letter or my co-sponsors letter. It just contained when I was hired, the amount of pay I receive per hour and year to date salary and mine is okay so far no RFE for that.

Take a deep breathe and everything will be okay.

[HighMaintenance 1]

Here is a simple employment letter. Could you try to type it up and just give to them to sign? Sometimes companies get nervous as they don't know whats expected.

September 30, 2010

U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services

Re: XXX

Dear CIS Examiner:

This letter serves to confirm our continuing intention to employ XXX at COMPANY. On DATE XXX married YYY, and is filing a marriage based application for an adjustment of her status. XXX will continue to be employed as JOB TITLE at our offices in CITY, STATE, and will continue to receive an annual salary of at least $$$. Our company has not had any difficulty paying its employees in the past and does not anticipate any such problems in the future.

XXX is highly qualified for the position of JOB TITLE , and her prospective services are of vital importance to COMPANY. We fully support XXX in her new stage of life, and hope that you approve the AOS application at the earliest possible date.

Thank you for your attention in this matter.

Sincerely,

XXX

Benefits Administrator

[zeezawrydan 1]

Here is a simple employment letter. Could you try to type it up and just give to them to sign? Sometimes companies get nervous as they don't know whats expected.

September 30, 2010

U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services

Re: XXX

Dear CIS Examiner:

This letter serves to confirm our continuing intention to employ XXX at COMPANY. On DATE XXX married YYY, and is filing a marriage based application for an adjustment of her status. XXX will continue to be employed as JOB TITLE at our offices in CITY, STATE, and will continue to receive an annual salary of at least $$$. Our company has not had any difficulty paying its employees in the past and does not anticipate any such problems in the future.

XXX is highly qualified for the position of JOB TITLE , and her prospective services are of vital importance to COMPANY. We fully support XXX in her new stage of life, and hope that you approve the AOS application at the earliest possible date.

Thank you for your attention in this matter.

Sincerely,

XXX

Benefits Administrator

Hi there High,

Thanks for the letter. If they don't give it to us this week il print this out and have them sign it. I really don't like having my case put on hold so long but I have to be patient and wait

Thanks so much!

Z