Unintelligible RFE relating to I-864 - NEED HELP

[Dominic&Nina 0]

Hi VisaJourney,

I have been a very avid lurker on this forum and have found the solutions to most of my Visa issues, UNTIL NOW.

After applying for I-485, I-765, etc, I received this super confusing RFE (See attached) related to the I-864 form. My sponsor earns way above the poverty guidelines.

In the original I-864 I provided:

- a employment letter that shows salary, job description, start dates, and future advancement prospects.

- 2009 tax returns (she was a student 2010, 2011).

- signed confirmation that she was a student and not earning above the threshold requiring a tax return for tax years 2010 ad 2011

I believe they are requesting more evidence (second sentence on 1st check box 'The petitioner/sponser lists their current income...'), such as pay stubs. Would this be a correct assumption?

Many thanks,

Dominic

[Harpa Timsah 13,258]

What exactly did the employment letter say? I would also send 6 months of paystubs. The RFE is saying that you need to show proof of current income (which makes sense because last year taxes for your sponsor was not enough).

[Dominic&Nina 0]

Hi Harpa Timash,

The employment letter stated:

- when she would begin her employment (30th April 2012)

- her salary

- her job title

- her job description

- when there would be discussions for promotion

I suspect that they missed this information. Or rather they don't see it as sufficient proof.

[Dominic&Nina 0]

Any ideas anyone?

[Nich-Nick 3,354]

Hi Harpa Timash,

The employment letter stated:

- when she would begin her employment (30th April 2012)

- her salary

- her job title

- her job description

- when there would be discussions for promotion

I suspect that they missed this information. Or rather they don't see it as sufficient proof.

Do you mean it was more like an offer of employment signed and dated prior to April? "when she would begin......"

If so, get a new letter stating she IS currently employed since [date] and all the rest. Then send 6 months pay stubs.

[Dominic&Nina 0]

Yes Nich-Nick, that is correct, it was an offer of employment signed and dated before 30th April 2012.

So... will the following be enough?

1. A new letter to confirm her employment (which includes details of: dates of employment, nature of the job, salary earned, prospect for future promotion) signed and dated by her company.

2. My sponsor’s fortnightly PAY STUBS for the previous 6 months

3. A YEAR TO DATE Statement that shows her YTD Gross Pay

4. An Employee ‘Snapshot’ with other relevant details.

Also, how do I address the other issue, "[X] Based on the documents submitted with the Form I-864..."? Do I simply state that because my sponsor (wife) earns above the Poverty Guidelines, details of assets are not needed?

I cannot believe you get one shot at an RFE, especially when it is so unclear as to what follow up is needed!

Thanks again for the help. It is immensely appreciated!

[dalatian 4]

From the RFE, It's quite apparent to me that they want proofs of your *sponsor's* income and sustainability, not your spouse's.

[Dominic&Nina 0]

Sorry, to clarify; my wife is my sponsor.

[dalatian 4]

Along with the pay stubs, you might also want to get a new employment letter that shows her current job and income. It looks like they didn't like to see a "promise" letter, which makes sense. Sounds you'll be fine with an up-to-date employment letter and pay stubs.

[Nich-Nick 3,354]

Yes Nich-Nick, that is correct, it was an offer of employment signed and dated before 30th April 2012.

So... will the following be enough?

1. A new letter to confirm her employment (which includes details of: dates of employment, nature of the job, salary earned, prospect for future promotion) signed and dated by her company.

2. My sponsor’s fortnightly PAY STUBS for the previous 6 months

3. A YEAR TO DATE Statement that shows her YTD Gross Pay

4. An Employee ‘Snapshot’ with other relevant details.

Also, how do I address the other issue, "[X] Based on the documents submitted with the Form I-864..."? Do I simply state that because my sponsor (wife) earns above the Poverty Guidelines, details of assets are not needed?

I cannot believe you get one shot at an RFE, especially when it is so unclear as to what follow up is needed!

Thanks again for the help. It is immensely appreciated!

Send what they suggested. Note the details they want from the employer and tell the boss to cover those points. Write them out for him. I don't know what you mean in #4. The other issue in the second section is their way of telling you assets can be used. If you do t need the assets, then don't send any. They are just giving you a way to be sufficient if the income falls short.

Think of the picture you sent them. No current tax return. No employer letter proving income. No pay stubs. She showed zero proof as far as they are concerned. The job offer doesn't count. It doesn't mean she accepted it and it was really old, too. So when they throw that paper out, what have you proven but her self reported income?

You dropped the ball by not thinking it through and reading up on the kinds of proof everybody sends. So prove it this time with the things you listed and all will be fine. Even throw in some bank statements in which you mark with a highlighter that paycheck coming into the account every two weeks.

[Harpa Timsah 13,258]

The letter needs to read, in its most basic form, X person is currently employed at X workplace. Glad we figured out the issue.