Request for Initial Evidence(I-485)

[orociok 0]

I just received a letter from USCIS saying that i have to mail them an initial evidence for the Adjustment Status. there is a box with a cross in the letter saying:" For the intending immigrant's income to be included in the household income, the intending immigrant's income must have been from a lawfully source and earned while the household member was authorized to work in the united States.
the these paragraphs follow:
The intending immigrant listed on the petitioner/sponsor's form I-864, affidavit of support or Form I-864A, contract between sponsor and household member, must submit evidence that they were authorized to work in the United states.

Examples include: a copy of form I-94, arrival/ departure record, a copy of a Valid employment authorization document issued by USCIS, a copy of form I-94, arrival/ departure recod with employment authorized.

My question is: What informations should i mail them since my wife( the intending immigrant) is not working and never worked here in the United States. We filed the forms I-130(petition), I-485( Adjustment of Status, and the I- 765 for Employment all at the same time.
Thank You For you help

[KayDeeCee 4,896]

How did you fill out the I-864? Why are they thinking you tried to use the immigrant's income? Did you list them in Part 6? Check the box for Part 6 #17?

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[orociok 0]

Thank you for replying Kayceedee. For the I-864, on part 6, number 3 and 6, i put the name and income of my parents counted in our household size. I did not put the intending immigrant's name since i won't be able to use her income because she's never worked in the US. Then i checked number 16 ( the people listed in Item numbers 3,6,9,and 12.have completed Form I-864 A. I am filing along with this affidavit all necessary Form I-864As).

Regarding part 6 no. 17, I didn't checked that box since i didn't write the name and income of the intending immigrant to item numbers 3,6,9, and 12. Do i need to? If so, should i also include the intending immigrant's name and income on part 6 items 3,6,9 or 12?

Thank you

[KayDeeCee 4,896]

Ok, so you are listing both parents, and each one filled out an I-864A instead of just having your parents joint sponsor?

Perhaps the adjudicator was confused about who was who and supplying an I-864A. Did you supply proof of relationship and residing at the same address with your parents? Did they each check 1c and parent? Include a statement that the intending immigrant was not listed as providing any income, and that your parents supplied I-864A forms as household members. Be sure their forms are correctly filled out and that the proof of relationship to you and having the same residence is provided.

[orociok 0]

Yes, listed both of my parents, and had them fill out the I-864A and in 1C, Parent. I did not have them do the joint sponsor because I’m the petitioner. I had my parents do the I-864A because I was not working and just finished college 2 years ago and took a break. My parents have their taxes joint. So I only sent one copy of there 2012,2013,2014 taxes.

When I submitted the I-864, I put I was the petitioner and on page 5 it states to put income household size. I did not put my wife there and just realized that I needed to add her into the household. I somehow misread it because the Income household-size was in bold letters and at the end states to add the intending immigrant. I only looked back yesterday when I first read your reply. I can’t believe I missed that. So, now assuming do I add her name into the household on my I-864 check Number 16 and 17, add her name into the one of the people listed because she is the intending immigrant?

Once corrected do I just resend the corrected I-864?

Do I also have to resend both filled out I864A from both parents?

Assuming from checking 17 and adding my wife’s name does not need to fill out an I864a ?

I am a little confused when you stated “ proof of relationship to you and having the same residence is provided”

I really want to thank you in advance in helping me realized what I missed and also taking the time in helping my wife and I get through this process.

Ok, so you are listing both parents, and each one filled out an I-864A instead of just having your parents joint sponsor?

Perhaps the adjudicator was confused about who was who and supplying an I-864A. Did you supply proof of relationship and residing at the same address with your parents? Did they each check 1c and parent? Include a statement that the intending immigrant was not listed as providing any income, and that your parents supplied I-864A forms as household members. Be sure their forms are correctly filled out and that the proof of relationship to you and having the same residence is provided.

[KayDeeCee 4,896]

If you have no income, then you have no income for your parents to combine with yours. One parent should have been your joint sponsor and filled out their own separate I-864, and the other parent filled out an I-864A to go along with the parent's I-864. Their incomes combined together would act as your joint sponsorship. You as the USC petitioner would still supply your own I-864.

You have already completed it the way you have though, so not sure you need to change it up now in the middle.

The immigrant is counted in the household size in Part 5 #1, then you are counted, and both your parents because they supplied I-864A forms for a total household size of 4.

You do not list her as someone that is supplying income in Part 6, just your parents. #16 is checked for them, and you do not check #17 because the immigrant is not supplying income. You did that part correctly.

It sounds like your parents filled out the I-864A forms correctly too. And if you read the I-864A instructions, you will see that a requirement is to provide proof of your relationship to them(birth certificate?) and that they reside with you at the same address(IDs with same address?). If you did not send those things, then do, along with the statement that the immigrant is not providing income and was not listed on your I-864 as such. If your parents already filed their 2015 taxes, then you could add in a copy of that too.

[orociok 0]

hi kaydeecee, sorry for the late reply. So as u were saying, we just need to send Uscis a statement that my wife(immigrant) is not providing income, ids of me and my parents residing in the same address, and a copy of their 2015 taxes? i already send them my birth certificate. do i need to fill up another I864 forms or whatsoever?

thank you for everything. Have a Nice day

If you have no income, then you have no income for your parents to combine with yours. One parent should have been your joint sponsor and filled out their own separate I-864, and the other parent filled out an I-864A to go along with the parent's I-864. Their incomes combined together would act as your joint sponsorship. You as the USC petitioner would still supply your own I-864.

You have already completed it the way you have though, so not sure you need to change it up now in the middle.

The immigrant is counted in the household size in Part 5 #1, then you are counted, and both your parents because they supplied I-864A forms for a total household size of 4.

You do not list her as someone that is supplying income in Part 6, just your parents. #16 is checked for them, and you do not check #17 because the immigrant is not supplying income. You did that part correctly.

It sounds like your parents filled out the I-864A forms correctly too. And if you read the I-864A instructions, you will see that a requirement is to provide proof of your relationship to them(birth certificate?) and that they reside with you at the same address(IDs with same address?). If you did not send those things, then do, along with the statement that the immigrant is not providing income and was not listed on your I-864 as such. If your parents already filed their 2015 taxes, then you could add in a copy of that too.

[KayDeeCee 4,896]

hi kaydeecee, sorry for the late reply. So as u were saying, we just need to send Uscis a statement that my wife(immigrant) is not providing income, ids of me and my parents residing in the same address, and a copy of their 2015 taxes? i already send them my birth certificate. do i need to fill up another I864 forms or whatsoever?

thank you for everything. Have a Nice day

Yes, I would send a statement explaining that the intending immigrant was not listed in Part 6 because they are not providing any income, as they do not work. Explain that the parents were listed, and each supplied an I-864A form. Include the proof that you all live together, their most recent joint return, and proof of their current incomes, via employment letters and recent pay stubs. You could resend all the forms, just in case they are missing anything, and that is why the weird RFE about the intending immigrant was given.

[Avenakent 1]

Hello there.Got RIE last February 2016.We submitted my docs through our lawyer but the one handling my case is a staff of my suppose to be lawyer,havent had the chance to talk to our lawyer only to his staff who is not accomodating and helpful.I regretted that i got their services,anyhow i just want to post my RIE here because maybe you could give me some advice on how to address this. My husband used asset because he has been out of job since 2013 so his income does not meet the poverty guideline.Since he has a house thatt is what he used . We submitted all the documents to our lawyer.

Cover letter stating that we are using Asset

Appraisal of the property (we had it appraised last Dec. 2015)

It was appraised at 385k

Titles and other pertinent docs

Evidence of ownership.

Property has no outstanding mortgage

So far we submitted everything and we calculate the value of the asset and it is sufficient from what USCIS required,so thats why we were wondering why we got RIE .As if we did not send any docs at all! And our para legal told us to find a joint sponsor,why would we look for a sponsor when my husband has an asset to support me?And then she said or we resubmit it because maybe the IO handling my case overlooked it.Could it be the case?Please help me.

I am attaching here my RIE

TIA!

[KayDeeCee 4,896]

First of all, you must supply a complete copy of your most recent tax return with all forms, schedules, W-2s and/or 1099s, OR an IRS transcript. That is something that is required and should have been supplied with your initial submission. You are using a lawyer, so your lawyer should know the requirements, explain them to you, and ask for everything that would be needed before sending in your application. Isn't that what you pay them for? When the required tax return/transcript is not supplied, they will always mark off that the income does not meet the requirement. It is a boilerplate/blanket RFE response in that situation.

All that being said, they also may not accept the house asset alone. They look at the total picture of the situation when deciding whether or not the immigrant will become a public charge. Your situation is that the USC has been unemployed for 3 years, so there is no stable income, and apparently whatever income there is happens to be below even 125% of the poverty level. The only assets listed was the house you reside in. The IO could consider it a hardship to have to sell the house you live in because then you would be homeless on top of not having much money. Your lawyer should/can explain about using assets and them needing to be liquid within a year without hardships or financial loss.

Your best bet would be to find a joint sponsor.

[Avenakent 1]

Hi KayDeeCee! Thank you very much for taking time to read my post and for giving me a very sound advice on how to address this issue point by point.Yes ,we paid a lawyer but we never had the chance to talk to him,its only through his staff who is handling my case and she's never been helpful and accomodating on my queries.She was not able to address the RIE the way you did!She only said resubmit the docs or look for a joint sponsor.Had she explained to me why we need a joint sponsor, like what you did,I could have understood and find ways to look for one.But no explanation ,no nothing.So we said okay just resubmit it,and she did,thats all! USCIS received it last March 21st.

After reading your reply,I can say maybe we are just waiting for another RFE?Because we really have not addressed the issue.

If I can find a joint sponsor now ,would it be wise to send it to USCIS as added supporting docs or just wait for their response?

Thank you very much for your invaluable time !

[orociok 0]

Yes, I would send a statement explaining that the intending immigrant was not listed in Part 6 because they are not providing any income, as they do not work. Explain that the parents were listed, and each supplied an I-864A form. Include the proof that you all live together, their most recent joint return, and proof of their current incomes, via employment letters and recent pay stubs. You could resend all the forms, just in case they are missing anything, and that is why the weird RFE about the intending immigrant was given.

We sent a letter to the uscis for the rfe evidence stating that my wife, the immigrant, is not working yet and other infos. thank you kaydeecee for everything. hopefully they will mail us the interview date! thanks again

[pilotkausa 5]

Hi KayDeeCee! Thank you very much for taking time to read my post and for giving me a very sound advice on how to address this issue point by point.Yes ,we paid a lawyer but we never had the chance to talk to him,its only through his staff who is handling my case and she's never been helpful and accomodating on my queries.She was not able to address the RIE the way you did!She only said resubmit the docs or look for a joint sponsor.Had she explained to me why we need a joint sponsor, like what you did,I could have understood and find ways to look for one.But no explanation ,no nothing.So we said okay just resubmit it,and she did,thats all! USCIS received it last March 21st.

After reading your reply,I can say maybe we are just waiting for another RFE?Because we really have not addressed the issue.

If I can find a joint sponsor now ,would it be wise to send it to USCIS as added supporting docs or just wait for their response?

Thank you very much for your invaluable time !

So did you get another RFE or USCIS accepted the first response you sent in?

[Avenakent 1]

So did you get another RFE or USCIS accepted the first response you sent in?

[Avenakent 1]

Hello pilotkausa,my current status is still the same, as of March 21." Response to USCIS request for evidence was received" .We haven't receive anything yet.

Hello pilotkausa,my current status is still the same, as of March 21." Response to USCIS request for evidence was received" .We haven't receive anything yet.