i 485 RFE please help

[michellina 0]

Hello everyone here, thanks for your help.

My husband is a US citizen and I am a F1 student. I am now working using my F1 OPT. We filed my green card application and we got a RFE 2/10 in mail.The notice is as following:

"please submit evidence that the household member on Form I-864, Affidavit of Support, or Form I-864A Contract Between Sponsor and Household Member,
was authorized to work in the United States. Examples include one 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.
A copy of a valid employment authorization document issued by USCIS
A copy of Form I-94, Arrival/Departure Record with "Employment Authorized" or similar annotated by port-of-entry personnel.

My husband is a USC and he is now a college student with no income. I am working using my F1 OPT EAD, so we put my income on the form I-864. I submitted my EAD and I-20, I-94, Employment verification letter, my pay-stub. Since I only worked for a couple month, we also asked my husband parents filled I-864A. My father in law is a US citizen and mother in law is green card holder. They filed their tax together so we submitted their 2010 2011 2012 tax returns and their citizenship and green card copies.

Now this rfe confused me, we have submitted everything. They again need to prove household member is authorized to work in the united states. DO we just need to resend those documents again? It says we only have one chance, that scared me. Please help. Thanks!!

Edited February 16, 2014 by michellina

[Pitaya 2,577]

~Moved from Family-based AOS to WST-based AOS Forum~

~Adjusting from student visa~

[aleful 1,905]

hi

you filed wrong

to add your income to combine yours with your husbands, you are the one to file the i864A not his father's

since the two of you don't make enough, you shouldn't have sent any of your income since it's not necessary

he files the i864 as sponsor and his father files another i864 as joint sponsor

if his income isn't enough, then his father files the i864 and his wife files the i864A as his father's household member

to add your income on your husband's i864 you needed to file the i864A as well as his household member or don't use your income at all since it wasn't enough anyway

[michellina 0]

hi

you filed wrong

to add your income to combine yours with your husbands, you are the one to file the i864A not his father's

since the two of you don't make enough, you shouldn't have sent any of your income since it's not necessary

he files the i864 as sponsor and his father files another i864 as joint sponsor

if his income isn't enough, then his father files the i864 and his wife files the i864A as his father's household member

to add your income on your husband's i864 you needed to file the i864A as well as his household member or don't use your income at all since it wasn't enough anyway

Thanks, I realized that. But my income is more than they required and I am the intending immigrant according to the instruction, I do not need to fill i864A. But now this RFE, they just need the evidence of people on the form are authorized to work. Can I just give them what they want or redo the i864 Form?

Edited February 16, 2014 by michellina

[Franciscus 32]

My two cents:

a) If what you sent is an 864 signed by the USC and an 864A signed by his father, that's wrong. What you wanted to send was 864 by usc and 864 by the father (if his father alone has enough income for himself, his wife, you -intending immigrant- and any other dependents he might have -ie children-), or an 864 by the father and an 864A by the mother (if you need to pool the incomes together to go over the threshold). Or 864 by mother alone, or 864 mom and 864A dad obviously. Whatever works.

b) The problem with including your income for the USC 864 is that they want a flow of income that will continue in the future. I don't know the details of having OPT, but just with the F1 i know that this is something they would not count. I was in a similar situation and I did not even bother to put my (F1 intending immigrant) income, i just got a joint sponsor.

So, what would i do if i were you? Send a new 864 signed by your husband with zero income everywhere, and an 864 signed by his father (as joint sponsor) with enough income (or 864 + 864A if needed). Again, I'm not sure if income from OPT would count different, but the truth is, you dont needed if you have the joint sposor.

[michellina 0]

My two cents:

a) If what you sent is an 864 signed by the USC and an 864A signed by his father, that's wrong. What you wanted to send was 864 by usc and 864 by the father (if his father alone has enough income for himself, his wife, you -intending immigrant- and any other dependents he might have -ie children-), or an 864 by the father and an 864A by the mother (if you need to pool the incomes together to go over the threshold). Or 864 by mother alone, or 864 mom and 864A dad obviously. Whatever works.

b) The problem with including your income for the USC 864 is that they want a flow of income that will continue in the future. I don't know the details of having OPT, but just with the F1 i know that this is something they would not count. I was in a similar situation and I did not even bother to put my (F1 intending immigrant) income, i just got a joint sponsor.

So, what would i do if i were you? Send a new 864 signed by your husband with zero income everywhere, and an 864 signed by his father (as joint sponsor) with enough income (or 864 + 864A if needed). Again, I'm not sure if income from OPT would count different, but the truth is, you dont needed if you have the joint sposor.

Thanks.

[NikLR 13,232]

If is father and wife file their taxes jointly the one who makes the most money should sign a completed I-864 and the one who makes less should sign a completed I-864a. Your husband should sign a completed I-864 along with explanation of why he hasn't filed taxes (he's unemployed.)

[KayDeeCee 4,896]

Your husband = I-864

You = your income included on husband's I-864, no need for I-864A as the intending immigrant.

His father = separate I-864

His mother = I-864A that goes along with her husband's I-864.

You have to include proof that the income will continue from the same source when you become a permanent resident. I did not see you mention that you provided that documentation. I suggest you redo all the forms so that the correct ones are filed for each person involved and include all the required documentation for each person as well. That would include re-sending the proof that your income is legal, but adding in proof that it will continue from the same source when you receive your green card.

Edited February 17, 2014 by Jay-Kay

[michellina 0]

Your husband = I-864

You = your income included on husband's I-864, no need for I-864A as the intending immigrant.

His father = separate I-864

His mother = I-864A that goes along with her husband's I-864.

You have to include proof that the income will continue from the same source when you become a permanent resident. I did not see you mention that you provided that documentation. I suggest you redo all the forms so that the correct ones are filed for each person involved and include all the required documentation for each person as well. That would include re-sending the proof that your income is legal, but adding in proof that it will continue from the same source when you receive your green card.

Thanks, I did include a Employment verification letter in the initial submission. i will resend them again

[KayDeeCee 4,896]

It should say that your position is permanent and not based on any visa or status in the US. It would be great if it could state you will remain gainfully employed after you become a permanent resident, or something of that nature. Just a letter verifying that you currently work there does not really prove you will remain employed and receiving income from that same source once you get your green card.