F-1, aos, RFE for on campus employment

[lavista 0]

Hi Visa Journey friends,

I have been reading this forum, and I found that these forum members and the posts here have been very helpful. I am hoping to get some guidance in this situation I am in now.

I come as F-1 students (from Indonesia) in 2004, studying in Community college for associate degree.

I transfer to 4 years college, and get Bachelor degree in 2008.

I further my education in graduate school, and pursue a Phd degree directly (without getting a Master degree). I am in ABD (All But Dissertation) stage right now.

I met my wife US Citizen (USC) around 2007, become great friend, and somehow we become girlfriend and boyfriend. Start living together and finally get married at April 2012.

Financial situation currently are:

Wife (USC) – unemployed

Husband (F1, Indonesia) – Teaching Assistantship with annual salary of $25,460.00

I always maintained my F-1 status, always work on campus under 20 hour/ week requirement, and I always have the “International Payroll Form” That my International Student Advisor always require us to have. Teaching Assistantship position is considered as on campus employment.

We decided to apply for the Adjustment of Status through a lawyer. Not sure when the form get sent, but for sure USCIS cashed the check at 9/28/12.

Dated 9/27/12, I received three I-797C for I-485, I-130 and I-765.

Dated 10/3/12, I received another I-797C for what I believe is the biometric in Elizabeth, NJ.

Dated 10/5/12, My lawyer (I have not yet) received the nerve wrecking RFE for I-485. The snippet of the RFE are attached in this post.

Full page photo.pdf

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The RFE stated:

“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 United States.

Please submit evidence that the household member on Form I-864, Affidavit of Support, or Form I-864A Contract between Sponsor and Household member, was authorized to work in the United States. Examples include one of the following:

- A copy of Form I-94, Arrival/Departure Record showing a non immigrant classification that allows the intending immigrant / household member to work lawfully in the United States. Example include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, O-1A, O-1B, O2, P-1A, P-1B, P2, P3, Q-1, R-1, TN.

- A copy of a valid Employment Authorization Document issued by US citizenship and Immigrant Service (USCIS).

- A copy of Form I-94, Arrival / Departure Record with “Employment Authorized” or similar annotated by port-of-entry personnel.”

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Questions:

1. Since I don’t have the original RFE, can I use the scan of the forms?

2. How should I handle this RFE?

I have I-94, but it is an F-1 visa. I always work on campus, so I never get any EAD (Employment Authorization Document) card.

[Newbie608 103]

It is very tricky when the intending immigrant is using his/her income to meet the requirement. I was a bit concerned when I was filing because I was a F-1 student but was working unauthorized off campus. Anyways, If you can get a cosponsor since your wife doesn't work then that would be the easiest thing to do at this point.

I mean, you were working legally on campus but I don't know what other proof you can send in. The I-20 should already show that you are eligible for on campus employment. I hope someone else chip in and give more info but I would suggest getting a joint sponsor and just exclude your income.

[Brian&Ivy 1]

i am nervous!!! i am now working in a company as intern starting in April and get paid in June because I got my CPT... i hope I won't get RFE like this!!!

[virid 3]

I was in the same situation. Here are the list I submitted for my rfe: ( all photocopies)

1. F1 visa page

2. I94 back and front

3 i20 all 3 pages

3. Full time student verification from my department

4. TA/RA offer letter from advisor and department coordinator stating the funding will be available trough the entire study and the work load is 20hours per week.

5. USCIS documentation stating F1 can work on campus 20 hours per week. ( you can find this online)

6. Pay stub shows that the employer is my school

I also wrote a statement to further explain the situation: Basically i said I am a full time phd student with valid f1 visa. According to USCIS documentation (file number which I don't remember but easily find online), I can legally work on campus without further authorization. I provided the following documents to support my status. I signed the statement and put it on top of all my documents.

I did not submit 864 or tax transcript again because I submitted them in the original package.

20 days after I send it the package, I got my interview notice. Not sure if this would be brought up again on interview but I could keep you posted.

Edited October 14, 2012 by virid

[lavista 0]

Thank you virid, Brian&Ivy, and Newbie608 for the response.

virid, is this the link that you mention?

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82005b46645fe210VgnVCM100000082ca60aRCRD&vgnextchannel=ad3e1921c6898210VgnVCM100000082ca60aRCRD

I will post more if I found anything relevant.

[virid 3]

Thank you virid, Brian&Ivy, and Newbie608 for the response.

virid, is this the link that you mention?

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82005b46645fe210VgnVCM100000082ca60aRCRD&vgnextchannel=ad3e1921c6898210VgnVCM100000082ca60aRCRD

I will post more if I found anything relevant.

It is actually the following links:

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-28757/0-0-0-29322.html

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-17197/0-0-0-17636.html#0-0-0-9213

I actually quoted the title 8 CFR 2(f) in my statement

[lavista 0]

to virid,

Is it possible if you can send me an example draft of the statement that my international student office can help me write?

This is correspond to item number 3 that you listed above.

" 3. Full time student verification from my department"

[virid 3]

to virid,

Is it possible if you can send me an example draft of the statement that my international student office can help me write?

This is correspond to item number 3 that you listed above.

" 3. Full time student verification from my department"

I didn't get one from international student office. Mine was wrote by my program coordinator and printed with the department title. It is very simple. See below:

To Whom it May concern,

I am the graduate program coordinator for department **. I am here to confirm that Ms ** has been a full time graduate student in our department since 2008. Funding for her study is in the form of graduate assistantship: either as a Graduate Teaching Assistant or a Graduate Research Assistant at the compensatory amount of $25000 per twelve month year ($18000 for spring and fall semester and additional $7000 for summer semester). Funding for the remaining years will be in the same form and remain the same compensatory amount. Benefits of this appointment also include full tuition coverage as well as individual health insurance premiums for GA. The time commitment is estimated to be approximately 20 hour per week for a full time position.

If there are any questions, do not hesitate to contact me.

[lavista 0]

Thank you very much virid! You are a great friend!

I send the lawyer the following items. Unfortunately, my lawyer seems to be the "Laissez-faire" type. He don't even want me to know what he send to USCIS, and won't tell me about the cover letter.

However, I did send my lawyer the following:

1. My university enrollment verification form.

2. My university full time definition form.

3. reduced credit form to justify my 1 credit.

4. my old i-9

5. my international payroll form to justify that I have talked to my advisor before taking the on campus employment.

6. offer letter.

it listed my university as my employee and my average work (less than 20 hour per week)

7. USCIS sec. 274a.12 Classes of aliens authorized to accept employment

Section (6)(i) - talk about on campus employment for F-1

8. My university on campus employment website print out.

At this point, I can only hope my lawyer will help me appropriately.

Thank you very much for all of our help!

And I will keep you posted.

[lavista 0]

FYI,

I get my greencard and EAD card.

Thank you very much for all of your helps!

[Zeusrocks4u 2]

FYI,

I get my greencard and EAD card.

Thank you very much for all of your helps!

Congratulations! well deserved