RFE for AOS - letter received already

[LisaRod 0]

Hi,

I received my biometrics appointment letter then an RFE the next day. It is regarding Section F. , part (40) and the supporting evidence for the Form I-864. The three items listed read as follows:

1. W-2s, 1099s, and/or all schedules sumitted to IRS-a copy of his/her Federal income tax return was submitted and/or the sponsor or joint sponsor requested an extension to file his or her Federal income tax return.

2. Federal income tax returns for the most recent tax year....etc. etc. (they go on about how to obtain these)

3. Evidence of current employment or self-employment including a letter from each employer ....etc. etc. If you are self-employed, submit a recently dated letter on business letterhead or a business license.

We submitted the three previous years of tax transcripts already. However my self employed husband did not make enough money (on paper) to meet poverty guidelines. He is well above it however in terms of assets, and we submitted a letter from his bank showing cash assets, and a property tax notice showing real estate assets. However, we did not submit a letter or his business license.

I will submit a copy of his business license and write a letter on his letterhead and get him to sign it. I suppose I will submit the same tax transcripts again, in case they lost them. I don't really understand point #1 however. Anything else anyone could suggest?

Also, it is noted in the letter that I will be ineligible for interim employment authorization until ninety days after the missing initial evidence is received.

That kind of pisses me off. They approved my K-1 visa based partly on his ability to support me, what has changed in less than three months? Now I have to wait ANOTHER three months before I can work?

Well I'm partly sharing my experience here, but also am open to any suggestions or comments.

Thanks and good luck to all. Lisa

[sharky 2]

Hey Lisa,

welcome to the "RFE for I-864's" club!!! see my other thread:

http://www.visajourney.com/forums/index.php?showtopic=28733

It seems a lot of people are getting exactly the same thing recently, try not to be too discouraged by it.

[M. 0]

I received an email stating my husband has an RFE on the way the day after we received the appt date. I'm assuming it's for the same thing, that with the change over from old form to new form, some staff have not been updated to the usage of the new form. I'm considering, if that is what my RFE is for (and it's looking rather likely from the posts I'm seeing here) just sending in a second copy of everything I sent the first time. It *is* possible that the I-864s are processed by a different division/area than the rest of the AOS package. (I know that where I work, all financial information is handled through finance, because we want accountants looking at finances, not people like me who can't add two and two together and come out with four, so this could be quite possibly the case with USCIS as well) Therefore, there could be a batch of I-864s lost out there or people who just aren't trained on the new ones.

*shrugs*

Eitherway, I'm going to go with the same advice I give to advocates that call my office -- inundate them with information. It's the old "Throw a ton of sh*t to the wall and see what sticks" method that governments love so much, as then they can pick and choose what they wish.

Or as David (my husband) puts it, "The government runs on Murphy's law. If you give them way more than they need, they won't want any. If you give them just enough, it'll never be enough."

I'll have to assume they lost a batch, honestly. I gave them everything in the world I could think off -- last year of bank stmts, letter from the bank account, statement of life insurance cover, last year of pay stubs, three years of tax returns, letter from my employer, and all the same from my father, who is co-sponsoring David. (We live with my folks, so maybe it's because we used a I-864A for David's co-sponsor instead of a separate I-864).

Hope all goes well for you.

M.

[Bosco 1]

It seems this is mainly happening to people who require a co-sponsor or are using something other than income alone to meet the poverty guidelines. It makes me wonder if they are scrutinizing these cases more than the others.