Question about i 485 RFE

[LoveMyTico 999]

3. Yes, I called again this morning, but I don't think the representative have enough insights in my case. He said I should just follow the requirement, and if there is something to cause confusion - explain in a letter. One interesting point he mentioned is that sometimes USCIS asks for things that we already provided in order to check consistency.

when you call, ask for tier 2. The reps who answer the phones have no clue. They read from the computer screen and they can't see the entire case. Tier 2 officers can see the notes made by the adjudicator. I suggest calling first thing in the morning to avoid the hour and a half hold time for tier 2.

[LucyF 1]

when you call, ask for tier 2. The reps who answer the phones have no clue. They read from the computer screen and they can't see the entire case. Tier 2 officers can see the notes made by the adjudicator. I suggest calling first thing in the morning to avoid the hour and a half hold time for tier 2.

Thank you for the advice @LoveMyTico I will try it today.

[LucyF 1]

Hi just a quick update: I called and reached a Tier 2 representative today, but he didn't provide much new information. From his end, he can only see that they sent out the letter - no note from the reviewer in USCIS or anything else. So I guess we will just polish all the things we have in hand and send them out again. Thank you guys for your help.

[Leesa 0]

Hi Julia, I just emailed or messaged you. I think my case is very similar to yours, also got rfe.. Same fellowship issue..

[qiri 0]

I wish the USCIS would just simply use their brains and see that since you and your husband are enrolled in PhD programs, your earning potential is obviously enough to place you above the poverty line. They really should allow education exemption. I don't think our level of education was even asked for on one form!

My husband and I are both veterinarians and he is currently completing a one year internship while I am job hunting. Clearly between the two of us we will make enough money to meet requirements but I am worried we will get RFE due to technicality (since his job has an end date and we are basing the 864 off his income).

Best of luck to you, the whole process can really make you crazy!

[LucyF 1]

I wish the USCIS would just simply use their brains and see that since you and your husband are enrolled in PhD programs, your earning potential is obviously enough to place you above the poverty line. They really should allow education exemption. I don't think our level of education was even asked for on one form!

My husband and I are both veterinarians and he is currently completing a one year internship while I am job hunting. Clearly between the two of us we will make enough money to meet requirements but I am worried we will get RFE due to technicality (since his job has an end date and we are basing the 864 off his income).

Best of luck to you, the whole process can really make you crazy!

Thanks for your kind words @qiri. I think most people would not get RFE. Don't worry about it for now. Good luck:) (However, what I learned from our RFE experience is that - we should not send in unnecessary information to confuse USCIS officers. My father in law's i864 is already sufficient enough.)

[Leesa 0]

Hi all

We had an RFE regarding i864. My husband is a pad student and we have a joint sponsor. I am confused about whether to quote the gross salary as income or gross salary minus tuition as income. Any suggestions?

[Leo7777 243]

I wish the USCIS would just simply use their brains and see that since you and your husband are enrolled in PhD programs, your earning potential is obviously enough to place you above the poverty line.

Sorry, but receiving a PhD (or even two) does not ensure that earnings potential will be above poverty level.

It depends entirely on the field for the PhD, as well as many factors specific to the individual.

But it would be rather silly for USCIS to get involved in estimating what the earnings potential might be for any given person, or especially when the potential might be realized.

[LucyF 1]

Hi all

We had an RFE regarding i864. My husband is a pad student and we have a joint sponsor. I am confused about whether to quote the gross salary as income or gross salary minus tuition as income. Any suggestions?

Hi Leesa,

I'm sorry to hear you get RFE about i864 as well. What does USCIS ask for in your case, since you have a joint sponsor already?

As for whether to minors tuition or not, I would say only do so if tuition is not covered by school, and there is statement in his offer letter. In fact, Part 6 Item 5 should match with the amount of his offer letter of this tax year (or employment letter, if his school can provide one). And Part 6 Item 13 should simply match with tax return.

Hope it help.

Sorry, but receiving a PhD (or even two) does not ensure that earnings potential will be above poverty level.

It depends entirely on the field for the PhD, as well as many factors specific to the individual.

But it would be rather silly for USCIS to get involved in estimating what the earnings potential might be for any given person, or especially when the potential might be realized.

Yeah unfortunately that is the case. Degree does not mean much:)

The documents USCIS desires are quite reasonable. I would just appreciate it more if they can make the instruction of Part 6 more clear - of course it could because that I never paid enough attention to income/tax:p.

Edited March 31, 2015 by LucyF