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Filed: AOS (apr) Country: India
Timeline
Posted

A little bit of background on my case. I am the intending immigrant and my income is added in i864 to meet the income requirements. I provided past 6 pay checks and an employee letter when I submitted documents for adjustment of status. I am currently on H1B visa.

Now going to the problem. I got an RFE on i864 stating that the household members income should come from a lawful source. Apparently I was expected to submit a copy of my i94 showing my H1B status. My question is should I be submitting the i864 form again with the i94, RFE notice and all the documents I have already submitted(related to i864). Or is it enough just to send a copy of i94 along with the copy of the RFE notice

Please see the highlights from the RFE Notice

This office is unable to complete the processing of your application to register permanent Residenc or Adjust Status, (form i-485) without initial information. Submit ALL the information requested below at one time. Failure to do so will result in a denial. You must submit the information within 87 days to following adress:

Include this letter with your response.

The Service will process your form I-765, Application for Employment Authorization(if submitted) within 90 days of the receipt of your missing initial evidence. This is pursuant to Title 8, code of Federal Regulations, Section 103.2(b)(10)(ii).

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 houshold member on Form i-864, Affidavit of Support was authorized to work in the United States. Examples include on 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. Examples unclude E-1, E-2, H-1B, H-1B1, H-1C etc

- A copy of a valid Employment Authorization Document issued by USCIS

- A copy of FOrm I-94, witth "Employment AUthorized" or similar annottated by port-of-entry personnel.

Day 0 -7/22/2013- Sent AOS package via Fedex

Day 1 -7/23/2013. Package Delivered

Day 7- 7/29/2013- E confirmation received via email

Day 7 - 7/29/2013- Cheks Cashed

Day 10 8/1/2013- NOA Hard copies received

Day 18 8/9/2013- Got Biometric letter (appt date 8/23/2013)

Day 23 8/14/2013- RFE on I-864

Day 36 8/27/2013- RFE documents Sent

Day 37 8/28/2013 Successful Biometrics

Day 44 9/3/2013 USCIS receives the RFE and status changed to RFE review

Day 56 9/17/2013 I485 Online status changed to Testing and Interview

Day 66 9/27/2013 I485 Online status states Inteview date as 10/31/2013

Day 66 9/27/2013 EAD status changed to Card/Document Production

Day 70 10/2/2013 Received EAD/AP Combo Card

Day 101 10/31/2013 AOS Interview

Day 132 12/2/2013 Received Green Card

Filed: AOS (apr) Country: India
Timeline
Posted

thank you Harpa

Day 0 -7/22/2013- Sent AOS package via Fedex

Day 1 -7/23/2013. Package Delivered

Day 7- 7/29/2013- E confirmation received via email

Day 7 - 7/29/2013- Cheks Cashed

Day 10 8/1/2013- NOA Hard copies received

Day 18 8/9/2013- Got Biometric letter (appt date 8/23/2013)

Day 23 8/14/2013- RFE on I-864

Day 36 8/27/2013- RFE documents Sent

Day 37 8/28/2013 Successful Biometrics

Day 44 9/3/2013 USCIS receives the RFE and status changed to RFE review

Day 56 9/17/2013 I485 Online status changed to Testing and Interview

Day 66 9/27/2013 I485 Online status states Inteview date as 10/31/2013

Day 66 9/27/2013 EAD status changed to Card/Document Production

Day 70 10/2/2013 Received EAD/AP Combo Card

Day 101 10/31/2013 AOS Interview

Day 132 12/2/2013 Received Green Card

 
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