My Paralegal messed up my affidavit part -

[Gandamu 0]

Hello everybody,

I went to a paralegal that works doing immigration services and we reviewed everything that needed to be turned in and they explained everything. We went to them because filling out all the forms is a little complex and we didn't want to mess it up but it backfired they were the ones screwing it up. We filed the following with the paralegal:

1. Form I-765 Application for Employment Authorization

2. Form I-485 Application to Register Permanent Residence or Adjust Status

3. Form I-130 petition for Alien relative

After they sent out the forms with their money orders I got 3 letters from USCIS from each of the forms above. Then i was told I would get another letter with the biometrics schedule. But instead I get a Yellow letter that reads: "Request for Initial Evidence (I-485)" saying the office is unable to complete the processing of your application to register permanent residence or adjust status (Form I-485) without initial Information. Submit ALL the information requested below at one time. Failure to do so will result in a DENIAL.

-Based on the documents submitted with form I-864, affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size. I was told by the immigration paralegal that I had to make $18,400 to be able to support my husband. I told them I lived with my parents, my husband does as well. And FAILED to mention that I have to make $33,000 which means I have to be able to support the entire family just because we live with them.

Now my question is. What can I do to get my $1000 that I was charged to pretty much FAIL at our case? Can I sue them? Take a cop in and demand our services were not met and it could potentially deny my husband in the Country because they didn't do it right? I'm very upset.

And my second question is: I can withdraw and do it again at another time *I called the NCSC* but I don't have $1,400 to throw out the window to file everything again... SO if I get someone else to be our affidavit (this person would be from out of state living over 1,000 miles away [is that even possible to do? Or do they need to reside in the same state?]), the fee section under Form I-846 says:

"Although USCIS does not charge a fee for this form, the Department of State does charge a fee when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad."

Whats the meaning of that? how much does the Department of State charge when I submit the form? if I happen to get an affidavit? please I need to know this since our wallet is very limited.

Thank you and please someone help me out. I really need to know.

Edited March 20, 2012 by Gandamu

[kcoyclay1 98]

You don't have to pay the $1400 again. All they need is the affidavit. Do you support your family? Are your parents your dependents on your taxes? If not, I believe the only person you are responsible for is your hubby. Not your parents. Just fill out the application and submit it

[kcoyclay1 98]

I dont believe your joint sponsor, should you need one, has to live in the same state. My sister's sponsor lives in Florida and she lives in Georgia

Edited March 20, 2012 by kcoyclay1

[Harpa Timsah 13,258]

I would start reading the instructions for who qualifies as a household member. If you do not support your parents or claim them on your taxes, they are not your dependents and you only need to show the 125% poverty line for 2 - you and your spouse. The form is free.

Edited March 20, 2012 by Harpa Timsah

[NancyNguyen 1,658]

Well I believe there is no Paralegal could guarantee your application will be successful, they charged to fill you applications. Cops can't do nothing about a service without a warrant from court. You need to sue them, bring it to the small claim court (civil court), I'd recommend you to watch "Judge Alex" or "People's court" and google "small claim court" in your area. You have to pay some fee and it takes time to process.

You need to tell more about your I-864 to see what is going on, your tax returns as well. Nobody can't answer who was right/wrong with knowing your tax and I-864 details (did you list your parents dependents on tax return? ...) You live with your parents, but they file their own tax/ not your dependents -> you don't have to list them on I-864.

One more thing, current I-864P lists poverty limit for 2 is 18,912 and 4 is 28,812.

Good luck

Edited March 20, 2012 by NancyNguyen

[JimVaPhuong 4,863]

Your paralegal apparently misunderstood the meaning of "household member" as it applies to immigration law. Unless you declared your parents as dependents on your tax return then they're not members of your household for the affidavit of support. Same goes for anyone else living in your home. An exception would be any minor children of yours, even if you don't declare them as dependents and they don't live with you. Bear in mind that this is only YOUR children, and not your parent's children. Your paralegal obviously didn't read the form instructions carefully enough.

You could send a revised I-864 along with an explanation that the previously submitted I-864 was filled out incorrectly. Don't know if that would be enough to un-screw this screw up, and since USCIS doesn't usually send a second RFE for the same evidence you really want to get this right when you respond to the RFE. You might not get another chance.

A joint sponsor doesn't have to be a family member, and doesn't have to live anywhere near you. They just need to be a US citizen or LPR, domiciled in the United States, with sufficient income and/or assets for their own household size plus the intending immigrant. They need to provide the same income evidence (tax returns, letter of employment, etc) that any sponsor needs to provide. They also need to provide proof that they are a US citizen or LPR.

There's no fee for the I-864 in this case. The instructions you're reading are in regards to submitting an I-864 to the Department of State through the National Visa Center. You're not submitting the I-864 to Department of State - you're submitting to Department of Homeland Security via USCIS. The fee is charged when you submit an I-864 to the NVC when they're processing an approved petition to be forwarded to a US consulate abroad for an immigrant visa interview. It doesn't apply when you're submitting an I-864 to USCIS for adjustment of status.

The cops aren't going to help you get your money back. You can file a claim in small claims court, but there's a good chance you'll lose unless you have a contract with the paralegal where they made guarantees about the outcome. I doubt that's the case. Even an attorney would never make such a guarantee. The court would probably decide that you paid for a service and the paralegal provided that service, even if the service they provided was flawed.