AOS RFE

[kate&javi 26]

Hi all,

We received a RFE for my husband's AOS at the beginning of this month in regards to the I-864 and I've since been offered a full-time position (finally!). The thing is that my employer has given me the job acceptance letter (it states on the letter that I have accepted the job, and my pay rate, on company letterhead) but I currently do not have any pay stubs because I begin my job on Monday. I want to send in the RFE as soon as possible, as the 87 days expires at the end of March and I would really like my husband to get his EAD ASAP, but I am unsure if I should wait a week or a few to show some of my pay stubs - at the end of the month I will have 2 only. Or should I send in the employer letter only? Don't really want to wait but I don't want to send in things too early if it is wiser to send in the pay stubs that I will have in a few weeks.

Suggestions?

Thanks,

Kate

[kate&javi 26]

Bumping this because I still don't know the answer...

[Harpa Timsah 13,258]

What was the RFE for? What did you letter say? What evidence did you submit originally?

[kate&javi 26]

RFE was for the I-864 (insufficient income). Submitted my tax returns from last 3 years, but recently got a new job that meets poverty limits so we don't need a co-sponsor.

I'm only wondering if I should wait until I have pay stubs (I will have 2 at the end of this month - I start my job on Monday) and time to respond to RFE expires end of March. Or if I can resend in I-864 noting my current income with job letter only + tax returns (again)?

[blankmedia 41]

Personally I would wait for the pay stubs and consider also sending in a complete joint-sponsor (I-864) if you have one just to make sure the income requirements are met. You only get one chance to respond so make sure it is complete. I think if you send it in earlier without the paystubs, it puts the whole I-485 at jeopardy and risks a lot more than your spouse getting their EAD a couple weeks earlier. Just my opinion.

This is considered a "complex RFE" as their is no set guideline for what they want. It is more difficult than a "Simple RFE" such as a request for a Birth Certificate because you are required to prove something and not just send in a particular document. These complex RFE's need to be taken very seriously. Consider speaking to a lawyer.

[Harpa Timsah 13,258]

Did you send in proof of current employment with your first submission? Or did you really send in taxes that were below the level and if so, what did you expect to happen?

[Ebbie 1]

RFE was for the I-864 (insufficient income). Submitted my tax returns from last 3 years, but recently got a new job that meets poverty limits so we don't need a co-sponsor.

I'm only wondering if I should wait until I have pay stubs (I will have 2 at the end of this month - I start my job on Monday) and time to respond to RFE expires end of March. Or if I can resend in I-864 noting my current income with job letter only + tax returns (again)?

I am in the same boat as you. What has happened? I see from your timeline that you got the EAD but I am so scared my huband will get deported because I did not submit all the documents listed.

[Fight for Love 98]

after a week of sending her RFE reply, she got her approval for her husband EAD/AP.

she told me that she waited to get atleast 2 paystubs before sending her RFE....i'm also in the same boat as you guys. but the ONLY different is, my income meet the poverty guidelines adding my child support received and for some reason the IO didn't honor it. thank goodness i recently start a part time job and my current employer increased my hourly rate. hopefully it will work.

i already send my RFE(as of may 2, my status is still under RFE response review) and still waiting for the approval of my husband EAD/AP.

goodluck for u guys

Edited May 9, 2013 by Fight for Love

[Ebbie 1]

after a week of sending her RFE reply, she got her approval for her husband EAD/AP.

she told me that she waited to get atleast 2 paystubs before sending her RFE....i'm also in the same boat as you guys. but the ONLY different is, my income meet the poverty guidelines adding my child support received and for some reason the IO didn't honor it. thank goodness i recently start a part time job and my current employer increased my hourly rate. hopefully it will work.

i already send my RFE(as of may 2, my status is still under RFE response review) and still waiting for the approval of my husband EAD/AP.

goodluck for u guys

Good luck to you too. And thanks for sharing the info