RFE Notice

[Deema & Wayne 28]

I got a letter today asking for additional evidence, my birth certificate in the original language which is Arabic, that's doable. And they also asked for the tax returns for the most current year and my husband wasn't making any money during 2010, how do we prove that? They also asked for his employment letter which I already sent in..it included his position, his company, hourly wage and date of employment. What else do they want?

[Deema & Wayne 28]

I also submitted an English copy of my birth certificate but no the original arabic copy, I will send that in, but both were issued by the Ministry of Interior in Jordan. It says on the letter that the translator must certify that the translation is complete and accurate and he is competent to translate it, but it was issued by the Ministry of Interior - Civil Status and Passport Department and the birth certificate is on its letterhead. It wasn't translated, I just obtained an English copy from where my Arabic one was issued. Is that enough?

[Deema & Wayne 28]

Anyone?

[Harpa Timsah 13,258]

Yes, that should be enough.

[Deema & Wayne 28]

Thanks Harpa. They want the payment stubs for the past 6 months as well but he's been employed there since June. I guess we're going to get the payment stubs from his previous work as well.

[Deema & Wayne 28]

I did also send in an employment letter for the company that I work for as a part timer to be included in our total income; the company is located in Jordan, I have never worked in the US since I'm not allowed to yet. The RFE included a request for tax revenues for my job and proof that I could work, etc. I think there was a misunderstanding and they thought I worked here but my employment letter stated in Amman-Jordan. Since I did not work in the US, will sending a letter to them explaining all this be okay? I don't want to get misinterpreted.

[Penguin_ie 5,993]

Yes, send a letter explaining why there are no tax returns, and referencing the IRS not requiring any if no money was earned.

[Harpa Timsah 13,258]

I did also send in an employment letter for the company that I work for as a part timer to be included in our total income; the company is located in Jordan, I have never worked in the US since I'm not allowed to yet. The RFE included a request for tax revenues for my job and proof that I could work, etc. I think there was a misunderstanding and they thought I worked here but my employment letter stated in Amman-Jordan. Since I did not work in the US, will sending a letter to them explaining all this be okay? I don't want to get misinterpreted.

You definitely cannot use your employment in Jordan to qualify for the Affidavit of Support. You opened up a can of worms by alerting USCIS to this illegal employment. They now are asking for your work permit for the US, etc. Thankfully illegal work is forgiven for spouses of US Citizens.

Sorry you got a lengthy RFE.

[Deema & Wayne 28]

I guess what I don't understand is why they consider it illegal if I'm not working in the US. I'm working while I'm in the US with a company abroad and I'm not yet a legal resident. I kept my job when I came here because I wasn't intending on staying. They consider that illegal? I am so scared right now, I didn't know that I couldn't include it..it only said that if I make income to include it so we did. What should I do when I send in the response to the RFE?

Also, my husband has been working for the past 3 months with his company and his income meets the poverty requirements, but it's only 3 months not 6? They're asking for payment stubs for the past 6 months

[Harpa Timsah 13,258]

They go off of current income, so your husband should be okay. I think if you read the letter closer it says that they need proof of current employment for your husband, which can be either an employment letter or 6 months of paystubs.

The foreign employment thing is a gray area. I understand the argument that the work is abroad and the money is foreign and is being put into your Jordanian bank account. I have argued about that in the past. However, obviously USCIS considers it illegal because they are asking for your proof of a work permit in the US. If you were able to produce such a document, you might be able to use it to qualify for the I-864, but as it is, it does not qualify. Bear in mind - you will have to report that income on next year's taxes.

Don't be scared - it won't harm your application but might make things more confusing. Like I said, illegal employment is forgiven for spouses of US Citizens, so there is no point in being scared.

[Deema & Wayne 28]

So what I need to do now is send in a letter explaining to them that I sent in this information thinking that I could include it and didn't realize that it was illegal? I can't just disregard the notice right?

[Deema & Wayne 28]

This is what I got

[Harpa Timsah 13,258]

I would just say "please disregard beneficiary income" or send in a new I-864.

I sure wish someone else would post in here... Where is little_my? I think other opinions would be useful...

[Deema & Wayne 28]

Thanks Harpa for all your help..I'm afraid of ignoring it, it is a notice and is very long I wish someone else would help out too