RFE for I-485, Student on OPT. Need advice badly!

[Kirbychwan 0]

Hello everyone,

My wife (who is here in the US as a student on OPT) and I sent in an I-485 packet, and recently got a fairly vague RFE for our I-864, the Affidavit of Support form, after she got her biometrics done.

The RFE is specifically requesting all of my supporting tax documents for the most recent tax year, which I believe I had done. I also included 3 years of tax returns in official IRS transcripts.

In addition, it is also claiming that both my wife and I are below the poverty limit and require more evidence for current income. This is not very practical nor possible, as I am self-employed and generally work from contract to contract.

They are asking that I submit evidence of my CURRENT income. The bad news? There is none.

Ultimately, I think the best chance is obtaining a Joint Sponsor from one of my parents.

My questions are thus:

-In the RFE, do I resubmit my supporting tax documents for the most recent tax year, even though they will likely be judged to be below the poverty limit again?

-In the RFE, if I include an additional I-864 from my Father, would the extra information still be necessary to send, since my parents would be well above the poverty limit?

-Would I have to pay an additional I-864 fee for my Father, even if it's in response to an RFE?

Thanks in advance for your help, this is a wonderful site.

Edited July 3, 2013 by Kirbychwan

[Kirbychwan 0]

What my initial guess is: that I have to resubmit my own, personal I-864 as the main petitioner, with all documents; and have my father submit his own I-864 as a Joint Sponsor, with an additional fee?

[KayDeeCee 4,896]

There is no fee for an I-864 filed with an I-485 to adjust status.

~ Moved from Student & Exchange Visitor Visas to AOS from Work, Student & Tourist Visas ~

[Harpa Timsah 13,258]

If you are currently not working then you can't claim you have a job... so, deadend. If you are self-employed they will go by the amount you say you earned in your taxes, which self-employed people often underestimate so they can pay less taxes. Does yours qualify?

You need complete tax returns for each year from each person. I suggest you look over the instructions again.

[Kirbychwan 0]

There is no fee for an I-864 filed with an I-485 to adjust status.

~ Moved from Student & Exchange Visitor Visas to AOS from Work, Student & Tourist Visas ~

-Would this also apply to the second I-864 (The Joint Sponsor's) that I am sending in response to the RFE? Or would I include a personal check for $88?

Sadly, I don't believe I have a satisfactory amount of evidence for my Current Income, so I don't think there's much I can do about that; but I am going to attach the missing 1099 that was missing from my initial submission.

Here is the cover letter that I have typed for the response to the RFE. Please let me know if this seems acceptable:

United States Department of Homeland Security

P. O. BOX 648004

Lee's Summit, MO 64002

July 17, 2013

RE: Request for Initial Evidence (I-485) and Additional Note

Dear Sir/Madam:

This is in response to the Request for Initial Evidence for the I-485 case of

******. (Alien Spouse).

I, ******* (Sponsor), have attached evidence requested in the RFE.

However, upon discovery that I would not have a satisfactory amount of evidence for my current income, I have decided to obtain a Joint Sponsor.

Enclosed please find the following requested evidence and additional forms:

• Sponsor's 1099 for the Year of 2012

• Copy of Household Member (Alien Spouse)'s W-2 for the Year of 2012

• Copy of Household Member (Alien Spouse)'s 2012 Tax Return

• Personal Check in the amount of $88 (Filing fee for Joint Sponsor's I-864)

• Form I-864, Affidavit of Support for Joint Sponsor.

• Copy of 2011 Tax Return (Joint Sponsor)

• Copy of 2012 Tax Return (Joint Sponsor)

• Letter from Employer (Joint Sponsor)

• W-2s from 2010, 2011 and 2012 (Joint Sponsor)

• Paystubs from the previous 4 months (Joint Sponsor)

Thank you very much for your prompt attention to this matter.

Sincerely,

***** (USC Petitioner)

***** (Alien Spouse)

Thanks!

I am assuming that they will overlook the somewhat lacking evidence on my wife and I's part; since we will have a Joint Sponsor capable of supporting her anyway?

Edited July 18, 2013 by Kirbychwan

[Kirbychwan 0]

Or would it be best for me to submit another, newer I-864 (for myself) as well? Mostly I'm just worried about how not currently having a job, and my wife recently losing hers, will affect the I-485; even though we now have a joint sponsor capable of supporting her easily.

Edited July 18, 2013 by Kirbychwan

[KayDeeCee 4,896]

There is no charge for an I-864 used for AOS. Do not send a check. The fee is for those that must send the I-864 to the NVC for processing. This does not apply to you.

If your joint sponsor meets all the requirements and has provided everything necessary to prove their income and proof of being a USC or LPR, then that should be accepted. No one here can guarantee anything though, We can only let you know the requirements and policies.