Need help with RFE please :(

[stretch2212 0]

Hey there.

We received an RFE for my husband's pending I485, but we're unsure how to respond as it doesn't really make sense.

The RFE states "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" it then goes on to give examples of what we could send to prove this, things like I94, copy of employment authorization etc

Now my UKC husband doesn't work at all as we are still waiting on his EAD, My income doesn't meet the 125% poverty guidelines, so my dad acted as a co sponsor.

I filled out an I864, my dad filled out an I864a as we currently live with him whilst we wait. We sent all the required tax information and pay stubs, we also submitted mine and my dad's biographical passport pages, social security cards, driving licenses and birth certificates to show my dad is my dad. It's very clear that both me and my dad are, and always have been, US citizens so what are USCIS wanting to see from us?

We called their customer service center, but they were less than helpful so any advice would be very much appreciated.

Thanks

[MochaMichou 26]

did you send tax reports for last year and W2, paystus etc? letter from employer of your dad? they probably mean the letter from employer to prove that your dad worked or still working in that place. If he is self employed then he should also write a letter stating what he does.

[saddlepatch 6]

They don't want proof of citizenship they want more so proof of your father's employment. So a letter from his work stating that he is indeed employed there from such and such date to present from his manager/supervisor on a proper letter head (That has the works emails, phone numbers, address and name of the company) should do. I would call them back and ask if they would like any other information added to the letter. Keep calling, you will get someone more helpful

[NikLR 13,227]

I just requested that your post be moved to the AOS forum so you can get the answers you need.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Family Based Visas forum.

[stretch2212 0]

We sent 3 years of tax returns and W2's, 6 months of pay stubs, his birth certificate, passport and driving licence. Infact the only thing we didn't send was a letter of employment, I mean he works for the government so we didn't think it necessary...could it really be that simple?

So what's the best way to proceed? Should we send the whole I864a package, with new pays stubs and the letter? Or just the letter?

[agnesb 47]

I may be wrong but I think both joint sponsors (usc spouse/petitioner and join sponsor) should use form I-864 not I-864a. There is even boxes to tick "I am the petitioner" and "I am the only join sponsor" on I-864. I think thats were the problem is.

Edited December 6, 2013 by agnesb

[stretch2212 0]

That's true, but we live with my dad so completed the I864a as he is a household member and we're combining our income.

[Harpa Timsah 13,258]

Could be they overlooked his proof of citizenship.

Do you live only with dad? Separate I-864s is cleaner and easier, by far.

Will you please type the entire RFE here? That way we can be sure we are answering the right thing.

[stretch2212 0]

This office is unable to complete the processing of your Application to Register Permanent Residence 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 (eighty-seven) days to the following address: U.S. Department of Homeland Security, PO Box 658004, Lee's Summit, MO 64002. Include this letter with your response.

The Service will process your Form I-765, Employment Authorisation (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).

All copies must be clear and legible. If you submit a document in any language other than English, it must be submitted with a full English translation. The translator must certify that the translation is complete and accurate, and that he or she is competent to translate. You must submit both the foreign language document and the English translation.

If you have a question about immigration procedures, or need clarification, please call our National Customer Service Centre (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833). This toll-free call centre has additional information and, during their specified office hours, can connect you to live assistance in English and Spanish.

X. 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 authorised to work in the United States.

Please submit evidence that the household member on Form I-864, Affadavit of Support, or Form I-864A Contract Between Sponsor and Household Member, was authorised to work in the United States. Examples include one of the following:

A copy of Form I-964, Arrival/Departure Record showing a non-immigrant classification that allows intending immigrant/household member to work lawfully in the United States. Examples include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, O-1A, O-1B, O2, P-1A, P-1B, P-2, P-3, Q-1, R-1, TN.

A copy of valid Employment Authorisation Document issued by US Citizenship & Immigrant Service (USCIS).

A copy of Form I-94, Arrival/Departure Record with "Employment Authorised" or similar annotated by port-of-entry personnel.

For the most current version of Form I-864 and Form I864A, including the instructions, go to "Immigration Forma" at http://www.uscis.gov/ or call (800) 870-3676.

We live with my dad and mom, and my two young adopted sisters. My mom is disabled though, so receives a social security benefit. The girls are 7 and 12.

[Harpa Timsah 13,258]

Okay, so the RFE seems just to be asking for proof of legal employment, which can be satisfied by a passport (sent again, I guess).

But, I see a potential bigger problem, and that is household count. I assume your parents file joint taxes and include the younger girls. Are you also on that tax return as a dependent? It is nearly impossible for someone who is a dependent to say that their parent is really a mere household member. Another issue, did it say your household was 6 people? That's parents, 2 kids, you and spouse. They also might want mom to sign a I-864A so that she agrees that household money can be used for the affidavit.

A much cleaner way is for you to do a I-864. Then dad does I-864, and has a household count of 5 (everyone but you). Then mom signs a I-864A for dad's affidavit.

Does dad make enough for a household of 5?

[stretch2212 0]

He makes more than enough. So should I resubmit my I864 and get him to complete an I864?

The reason I ask is because on my I864 I entered the household number as 4 which includes my husband, myself, my daughter (forgot to mention her) and my dad as he completed the I864A, so my new number should be 3 as my daughter is my only dependant?

[stretch2212 0]

I file a tax return for myself and my daughter, my dad just files for himself and my mom and the two girls.

[Harpa Timsah 13,258]

Oh, daughter too.

Okay, so if you are going to say that your dad is in your household as a member, then you need to combine his household and yours, which makes the household count seven people. Did your original submission correctly reflect that?

I would redo it all, with separate households, 3 for you (which doesn't qualify) then 5 for dad (his count plus the immigrant). Then you also should have the mom do I-864A to consent to her household income being used for this purpose.

[stretch2212 0]

No. I didn't include my mum or my sisters because there wasn't a relevant section. The only section for siblings and parents was the "household members who will be combining their income". So as the kids are too young to work and we only got my dad to complete the I864A, we only counted him.