RFE in AOS Process... HELP!!!

[Mark7305 0]

I know, I know, I havent been posting much on this forum, but this is a great place and tool for all of us stuck in this process...

Here is what happened. Today I got an RFE; you guessed it for the I-864, but not like everyone else. Some background: After I finished college, I met my wife and decided to get married. During college I had odd jobs that were part-time and was a dependent of my father. Of course, my last year tax return is way below the poverty line. But, now I have a full time job that exceeds the poverty line by 3 times.

Here is what the RFE says:

"The petitioner or joint sponsor's income as reported on the federal tax return submitted with Form I-864 Affidavit of Support Does not meet or exceed 125% (100% if military) of the poverty line. The petitioner's or joint sponsor's current income as reported on Form I-864 or Form I-864EZ Affidavit of Support is sufficient but no evidence has been submitted as proof of the current income. Submit evidence of the sponsor's current income. Evidence includes a letter of employment from current employers and should show dates of employment, nature of the job(s), wages or salary earned, number of hours/weeks worked, and prospects for future employment and advancement. The sponsor should also include pay stubs for the most recent 6 months."

Does this mean that I'm ok with the poverty line, they just need to see evidence of it? Or did they lose my evidence? Catch is that I submitted a letter of employment, all paystubs from the time I was hired (from February of this year), bank statement, 1040 tax return from last year, etc. with the I-485/785 I submitted.

Are they just checking to see if I have all this again? Here is what I was thinking of putting on my RFE:

1) Another I-864 form filled out

2) Another original letter of employment with company letterhead stating my current position, annual salary, and date of hire. Do I need to state/count the amount of weeks I worked since February? What about this "prospects for future employment and advancement", what do I do with that?

3) All paystubs that I have since February

4) Copies of all bank statements again

5) Bank letter

Am I missing something? Is this overkill for what they are asking?

Thanks all!!!

Edited September 6, 2006 by Mark7305

[*Robert* 2]

Sounds like I may be in the same boat as you, but because I only submitted a tax transcript for last year and no other evidence. Sheesh... you'd think from my income for the last three years these jack offs would let it go. I also just moved, so I'm sure they are curious about my current employment status.

It sounds like RFEs for the I-864 are going out as part of their Standard Operating Procedures!!! All you, and I, can do is send them everything they ask for, even if you sent it to them in the first place. Its rediculous, but its all part of the game.

Good luck.

[YuAndDan 153]

Yes that is what they are indicating they want you to send copies of your past 6 months pay stubs, they can do the math from them ans see that you make more than enough, and they want a letter from your employer stating that you are full time salary amounts. The letter should be on company letter-head, and signed by someone there, usually someone in human resources department.

Your list is exactly correct, give them the works, more is better than less in this case.

Good luck!

[Mark7305 0]

Wow, thats some fast reponses! I didnt know anyone would be up this late looking at my post.

Thanks alot! I will also call USCIS tomorrow to make sure.

[Canuck Carrie 1]

I'd also include a detailed yet concise letter clearly explaining your temporary income shortfall but that you are now on the stable path.

[YuAndDan 153]

Wow, thats some fast reponses! I didnt know anyone would be up this late looking at my post.

Thanks alot! I will also call USCIS tomorrow to make sure.

Remember that not only Americans are using this site but people from all around the world, so the site never sleeps.

Glad we could help!

[Mark7305 0]

Ok guys, need some more help now.

Here is what my employment letter is gonna say, let me know if I need more:

"This letter is to certify that Mark Carahan has been employed by [company] since Feb. 27, 2006 as an [job], at an annual salary of [dollars] per year. His position is permanent and not temporary.

If you require any further information, please contace me at [phone]."

This is the letter to explain why I only have one tax return, and it was when I was a student:

"I am writing this letter in orider to explain why I have only submitted only one income tax return (for the year 2005). This is because I finished my schooling in 2005 and was working part-time at the university I was studying at. I also filled jointly with my dad during that year as a dependent.

Currently, as you can see, I am working full time at [company] with a salary of [dollars] per year and am fully capable of supporting my current wife, [fiance].

If any other questions or concerns might arise, please do not hesitate to contact me at [phone]."

Let me know guys if I need to change some of the wording on these. Thanks!

[burralow 0]

i just recieved this same rfe and am a little confused.

My husband's tax records show that he doesnt meet the 125% poverty line but his letter from employer and pay stubs for this year does, so i know that they are asking for that from him.

however, we had my father in law as a joint sponsor and even with 6 of us as his household size as my husband and i are living with him at the moment he still make almost 4 times the 125% poverty line. so surely it shouldnt matter what the petitioners tax records show because the joint sponsors records are sufficient??

so im gonna send in what they want, pay stubs employment letters etc, but should i also send in my father in laws tax records again showing him to be way over the poverty line for his household size? also, do we need to fill out the 1864 again, or just send in the evidence?

whats the point of having a joint sponsor if they rfe me for the original petitioner? seems to me they havent paid any attention to my father in laws 1864 so i might have well only sent in my husbands.

frustrates me, but anyway would love to hear anyones ideas. thanks!

[mychelle 1]

i will include recent copies of my last 3 years tax return & W2, employment letter and last 6 months pay stubs. this may be going overboard but it looks like sending the MOST recent tax return only (even if you make above poverty guidelines) is not sufficient.

[burralow 0]

i sent in the last 3 years tax returns for both petitioner and joint sponsor with the original application. should i send them all in again with the rfe?

[Yodrak 7]

Mark,

Does it sound to you as though the proposed employer's letter provides all of the requested information? (If you can get your employer to write "His position is permanent" in a letter keep a copy of it - it may come in handy one day.)

Bank statements and a bank letter do not address the issues of the RFE. The RFE was about your income from employment.

Yodrak

.....

Here is what my employment letter is gonna say, let me know if I need more:

"This letter is to certify that Mark Carahan has been employed by [company] since Feb. 27, 2006 as an [job], at an annual salary of [dollars] per year. His position is permanent and not temporary.

If you require any further information, please contace me at [phone]."

.....

Here is what the RFE says:

"..... Evidence includes a letter of employment from current employers and should show dates of employment, nature of the job(s), wages or salary earned, number of hours/weeks worked, and prospects for future employment and advancement. ......"

.....

Edited November 28, 2006 by Yodrak