Mother of US born citizen denied, 20 DAYS TO FILE I-209B

[MotherAndDaughter 0]

This is the first time I post here, I hope someone who has been in a similar situation can help me.

I'm 23 years old, single and live with both my uncle and aunt in the same house. My mom entered legally with a tourist visa on December last year, went back and forth and stayed here since March 02 this year.

On march 26 I filed a I-130 petition for my mom, the petition was approved, she went through the biometric exams, received another letter stating that an interview may not be necessary, and after waiting for a resolution, about a month ago we received a Request For Evidence in Re: of Form I-485 AOS.

The letter said "the petitioner does not meet the poverty guidelines" and they requested the Affidavit of support evidence for my joint sponsor (my uncle), we had already submitted that information when we filed form I-485, so I figured they needed proof of MY income and tax returns since at the time of sending i-485 I didn't have a job nor filed my taxes (I have a job now but my income is not even close to the poverty guidelines). This was a terrible mistake!! (this letter we received was quite misleading, we even called the USCIS for assistance and the operator was rude and told me that the letter was asking for MY documents not my uncle's)

So basically they were asking for documents we had already sent, this mislead me to send the wrong documents and they denied my mother's case:

A few days ago my mom received a letter of DENIAL because we failed to send the correct documents. The letter said that we have 30 days to send a I-290b and motion to reopen the case and if they don't receive response the decision will be final.

HERE'S WHERE I NEED YOUR HELP!! ):

I have a lot of questions about filing this MOTION form:

1. At the beginning of the form it says "IN THE MATTER OF:_______________________ A-NUMBER:_______________" I know a-number is my mother's alien number, but what does "in the matter of" mean? Also, the line after that says "Start here" so I'm not sure I am supposed to fill what's above it. (Please don't guess or mislead me, tell me what to write in this field ONLY if you have successfully filed this form and the USCIS accepted it.)

Here's form I-290b http://www.uscis.gov/sites/default/files/files/form/i-290b.pdf

2. My uncle lost his job recently (the restaurant closed permanently) and he hasn't found a new job. He's actually retired and we live decently with his retirement money, he owns this house and 2 cars. So I figured his retirement income and assets will be enough to suffice the poverty guideline.

Attached to the motion I'll include the documentation the USCIS was asking for in the RFE and by which they had denied the case: this is Form I-864 from the joint sponsor, my uncle, along with the required evidence of retirement income, evidence of assets (ownership of the house and vehicles), income tax returns for the last 3 years,and W2 forms for the last 3 years.

BUT we talked today with an immigration attorney (from one of those ads on TV) and they said the sponsor is required to have a job! and that it doesn't matter how much retirement money they get, THE SPONSOR HAS TO BE EMPLOYED (I know this is a requirement in Fiance and Spouse visa process, but not in the parent of a US citizen case) . I've been researching on internet on this and can't find nothing that supports this affirmation. They told us to get another sponsor, a friend or anyone, but we don't know anyone who's willing to be a sponsor ):

So my question is CAN A RETIRED US CITIZEN BE A SPONSOR OF AN IMMIGRANT?

[jkelly07 120]

yes us citizen you can count your pensions to sponsor. it's income

[MotherAndDaughter 0]

CORRECTION:

"Mother of US born citizen denied, 20 DAYS TO FILE I-290b*"

yes us citizen you can count your pensions to sponsor. it's income

Thank you for your response, you were on a similar case before?

[jkelly07 120]

yes I'm retired and receive a pension I used that on my 1-864 I had no problems,

[jkelly07 120]

yes I'm retired and receive a pension I used that on my 1-864 I had no problems,

as long as you meet the poverty guide lines 1-864-p

[MotherAndDaughter 0]

as long as you meet the poverty guide lines 1-864-p

Now, in part 6 of the form I-864 it asks about current income, my uncle will mark option 3 "Retired" but below that it asks for the company he's retired from. His income is Social Security Suplement! I don't know what to write in that field!

[aaron2020 11,651]

First, the lawyer is wrong. The petitioner does not need a job if there is a Joint Sponsor who can meet the I-864 requirements.

A retired US citizen can be a Sponsor (or Joint Sponsor).

How do you know uncle makes enough now that he has list his job? Social Security Supplemental Income is welfare - it's charity for those workers who Social Security Income is not sufficient to meet a minimum level. His personal residence (house) and one car cannot be counted for the I-864.

You will probably need someone else to be the Joint Sponsor.

Edited December 6, 2013 by aaron2020

[MotherAndDaughter 0]

Now, in part 6 of the form I-864 it asks about current income, my uncle will mark option 3 "Retired" but below that it asks for the company he's retired from. His income is Social Security Suplement! I don't know what to write in that field!

Sorry that was "Social Security Benefits" not Social Security Suplement

[MotherAndDaughter 0]

First, the lawyer is wrong. The petitioner does not need a job if there is a Joint Sponsor who can meet the I-864 requirements.

A retired US citizen can be a Sponsor (or Joint Sponsor).

How do you know uncle makes enough now that he has list his job? Social Security Supplemental Income is welfare - it's charity for those workers who Social Security Income is not sufficient to meet a minimum level. His personal residence (house) and one car cannot be counted for the I-864.

You will probably need someone else to be the Joint Sponsor.

Thank you for replying!

I'm sorry I meant "Social Security Benefits", he gets $19,500 annually, he owns 3 cars, and I read in the I-864 instructions you can use your home as asset! so is it wrong?

[aaron2020 11,651]

Thank you for replying!

I'm sorry I meant "Social Security Benefits", he gets $19,500 annually, he owns 3 cars, and I read in the I-864 instructions you can use your home as asset! so is it wrong?

You are wrong. His personal residence and one car cannot be counted for the I-864.

Your uncle's income is barely enough for a household of 2. If he has a wife or sponsored another immigrate with an outstanding I-864 obligation, then he will need significant assets to sponsor your mother. And he cannot count his house an one of his car.

Edited December 6, 2013 by aaron2020

[MotherAndDaughter 0]

You are wrong. His personal residence and one car cannot be counted for the I-864.

Your uncle's income is barely enough for a household of 2. If he has a wife or sponsored another immigrate with an outstanding I-864 obligation, then he will need significant assets to sponsor your mother. And he cannot count his house an one of his car.

Are you sure? ): Where did you read that?

I read what I'm talking about in the instructions

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

"You may include the net value of your home as an asset. ..."

[aaron2020 11,651]

Are you sure? ): Where did you read that?

I read what I'm talking about in the instructions

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

"You may include the net value of your home as an asset. ..."

My apologies. The old rule did not allow for a house to be counted on the I-864. The rule was changed in the latest revision of the rules. Thanks for correcting me.

You can use the net value of your uncle's house. You will need to get an appraisal by a licensed appraiser l which should run around $400-$500. Since only the net value (uncle's equity in the house), you will need to also provide information on all liabilities on the property.

Edited December 6, 2013 by aaron2020