UUgh RFE...Help needed please!!

[JEC777 13]

Hi guys. Today I received an RFE for my AOS. I have called USCIS, but they were no help, basically just read the guidelines on the RFE.

My husband provided his I-864 showing his income of $35,880 which was backed up with a letter from his Employer. We also included myself on the I-864 because I receive an income of $31,200 from my ex husband in child support. I also had to submit an I-864a because I have 3 dependants.

They are now asking for my husband to provide more evidence of his employment, which is fine and we only submitted tax returns for 2009, 2010 and 2011 because he hadn't filed his 2012 tax return yet. He has done that now, so we can provide that. My concern though is that his 2012 return does not reflect his annual income as he has only been in his current position since October 2012. So his total gross income for 2012 was less than $5,000 as he didn't work for the remainder of 2012 as he was living with and caring for his Grandparents.

They have also requested for the I-864 and I-864a that I submit a tax return. However, being the immigrant who only arrived in December 2012 I have not worked and not been legally able to do so, thus the reason I am applying for the I-485 and I-765, so why on earth would they ask me to submit tax returns.

I am so worried that I won'y be able to respond to the RFE with all the information they are requesting. In regard to the request for me to supply tax returns, is it enough that I write them a letter explaining that I am not required to file a US tax return?

UUgh, this is so complicated. My husband has a very stable and secure job now with an income that meets the poverty guidelines, unfortunately that job is only 6 months old. The information we submitted in regard to his Employment in the I-134 is exactly the same as what we have submitted for the I-864, but now it is not enough??

Should we not have included my child support in our AOS package and left out the I864a and the listing of my income on the I-864? and if so is it possible to resubmit these forms without the extra information?

Thank you anyone for any help you can provide. This is so stressful!!

[Harpa Timsah 13,258]

Is your family 5? 2 adults and 3 dependents?

Is 35K enough for 5 people?

If yes, then skip all of your I-864a stuff.

If not, then to solve the tax issue, you can submit a letter outlining why you weren't required to file a tax return (you weren't in the US). I suspect you didn't send any letter or anything the first time.

Also, for your husband, make sure it is a complete tax return with all the schedules and extras, and get a new letter from the employer and also send paystubs.

[JEC777 13]

Is your family 5? 2 adults and 3 dependents?

Is 35K enough for 5 people?

If yes, then skip all of your I-864a stuff.

If not, then to solve the tax issue, you can submit a letter outlining why you weren't required to file a tax return (you weren't in the US). I suspect you didn't send any letter or anything the first time.

Also, for your husband, make sure it is a complete tax return with all the schedules and extras, and get a new letter from the employer and also send paystubs.

Thank you for your response. The guidelines for a family of 5 are $34,462 so he earns about $1000 above that. Should I resubmit with the RFE a new I-864 without any of my income stuff? Will they accept a new I-864 to add to my I-485 or do I have to submit the whole AOS package again?

I guess I got confused with the process for submitting an I-864a. I wanted to include the child support because it increased our household income by over 30,000. It said on the I-864 instructions that I needed to submit the I-864a because I have dependants, but they processed my income alone as not meeting the poverty guidelines, instead of seeing our two incomes combined.

[Fight for Love 98]

we had similar problem with the child support payment seems that USCIS not REALLY checking ALL the supporting documents we are submitting. OR either they might somehow lost part of our documents

what i did...i requested a infopass online to try to resolved the problem in person. hopefully it will help (but not sure)

goodluck!!

[JEC777 13]

Been on hold with USCIS trying to get a 2 tier CSO for an hour....still waiting.

Is there anyone that could offer anymore advice? I'd greatly appreciate it!!

[JEC777 13]

Gave up on the USCIS taking me off hold after an our and 10 mins....will try them again today, but in the meantime hoping someone here has more advice about what to do.

Can I submit a whole new I-864 and request that they disregard the old I-864 and I-864a?

Thanks anyone!

[JEC777 13]

So i finally spoke to a 2 tier CSO and they advised me to submit a new amended I-864 and to attach a cover letter explaining why and to disregard the previously submitted I-864 and I-864a.

Hope this helps anyone else if they find themselves in a similar situation.