RFE: For I-864 (I-485 Package)

[582summit 0]

HiI just got an RFE for I-485 package. It is for form I-864: Affidavit for support. Here's my background.F-1 journey:

• Came to US on F-1.
• Graduated with Master's Degree in 2008.
• Started first 12 month OPT.
• Got job.
• Extended OPT for 17 month more. (extension based on STEM category)
• Applied for H-1 and got rejected because of different field of study.
• Got admission in the field I was working and got full time CPT. (It's been 2 semester so far.)

Interim stage: Applied for I-130 based on marriage to USC

• Got married in June 2011 to USC.
• Applied for I-130, I-485, I-765, I-693, I-864, I-131 all together on 10/24/2011.
• Received NOA in a week.
• Walk-in Biometrics done.

RFE Stage:

• Got RFE for I-485 package - RFE for I-864. (In less than 30 days after filing )

Now about I-864:My wife (USC petitioner) doesn't work right now but has job offer letter stating start date in Jan 2012. (I am on F-1 and working on full time CPT)I am earning more than needed poverty limit requirement. So in I-864 we showed $0 for my wife and included my income as a house hold member being a spouse. So I sponsor my self.The RFE says:"For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the USA."I did submit my CPT I-20,offer letter, pay stubs, tax, I-94 and all other required documents with all of my forms. It seems like they somehow missed CPT or did not understand that I can work on F-1 if I have valid CPT. What should I submit for this RFE? Should I send my CPT I-20 again? Should I schedule InfoPass appointment? Should I get a co-sponsor and drop my self from sponsoring me?I have attached the RFE copy here. I would really appreciate any help for this matter.ThanksNik

[Oksana & Max 94]

As a beneficiary you can't sponsor yourself. You can make more than enough but you can't do it. So yes you do need a co-sponsor and drop yourself from the I-864.

Good luck.

Edited November 18, 2011 by Oksana & Max

[582summit 0]

As a beneficiary you can't sponsor yourself. You can make more than enough but you can't do it. So yes you do need a co-sponsor and drop yourself from the I-864.

Good luck.

Oksana & Max,

Thanks for the input. But I am 100% sure that as a spouse and beneficiary I can sure sponsor myself. See this snippet from the I-864 Instructions (Page - 2):

What If I Cannot Meet the Income Requirements?

Bullet:2

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

So that's not the reason AFAIK.

Here is the link for I-864 Instructions:I-864 Instruction

Thanks

Edited November 18, 2011 by 582summit

[ceadsearc 516]

Did your provide a letter or something from your employer stating that your employment will continue beyond CPT/OPT? You are right that you can include your income but you need to show it will continue from the same source.

That's the only thing I can think might be an issue. Honestly, I'd schedule an InfoPass and figure out exactly what they want and if it was a mistake. You don't want to be guessing and send the wrong thing back and end up denied (since they won't send you a second RFE if the first response is inadequate).

[582summit 0]

Did your provide a letter or something from your employer stating that your employment will continue beyond CPT/OPT? You are right that you can include your income but you need to show it will continue from the same source.

That's the only thing I can think might be an issue. Honestly, I'd schedule an InfoPass and figure out exactly what they want and if it was a mistake. You don't want to be guessing and send the wrong thing back and end up denied (since they won't send you a second RFE if the first response is inadequate).

Thanks ceadsearc for your advice. I included offer letter and pay stubs since March from the employer. I guess I should have got some letter also. But then at the same time the offer letter was not for the internship but it was offering full time job (Complete job agreement). Anyways I should first set up info pass appointment. ceadsearc, do you see any other thing from my background that might indicate that I am not working lawfully in USA?

[ceadsearc 516]

Nothing jumps out at me, but I'm sure if there is something I am missing then someone else will point it out. You should have a bit of time to respond (87 days usually unless otherwise specified) so if you make an InfoPass appointment ASAP you should be able to get everything straightened out with time to spare to respond. Good luck!

[582summit 0]

Did your provide a letter or something from your employer stating that your employment will continue beyond CPT/OPT? You are right that you can include your income but you need to show it will continue from the same source.

That's the only thing I can think might be an issue. Honestly, I'd schedule an InfoPass and figure out exactly what they want and if it was a mistake. You don't want to be guessing and send the wrong thing back and end up denied (since they won't send you a second RFE if the first response is inadequate).

Hi

I found this sample Employment Letter from the forum and I was wondering how should I add CPT part saying that I would be employed beyond my CPT.

To whom it may concern:

<NAME>, is employed as a DataAnalyst for <COMPANY NAME>. Hehas been employed by <COMPANY NAME>since June 2011.

His annual salary is $xx,xxx. In addition, he is eligible for an annual bonusof up to 10% of his salary.

<NAME> is a valuable employee,and his prospects for continued employment and advancement with <COMPANY NAME> are excellent.

Sincerely,

<Employer Name>

CEO

<COMPANY NAME>