Help please!! Had to fire attorney...best way to respond to RFE??

[Valkyrja 3]

Long story short...we received an RFE. No big deal, I've seen it a lot on here. However, the items they were requesting were items we gave to the attorneys (my husband's sister's firm!) so we were a little confused. We got a copy of the files they sent in electronically, and they listed NO income, assets, or annuities. They left those blank and didn't even send in the bank statements. They were in our hard copy file at the office, but not sent in electronically to USCIS.

Needless to say, we were furious. Since his sister was handling his immigration papers, we thought she would be on top of things. They said they were "expecting" to get an RFE. Obviously! They made it look like we had no money, jobs, or house to live in!!! We're beyond furious and obviously this has caused a huge feud in the family. Ugh!

We have the yellow paper that lists all the things we need to turn in, ie- federal tax return, w2, evidence of assets, 12 months bank statements, tax assessments on properties, evidence of ownership on all personal property, evidence of ownership on stocks, bonds, CDs.

I have all that together. Isn't there a form or affidavit that I fill out and return with this? I know I return the checklist they sent us. Also, should I sent it express mail or regular post? Thanks for the help. This was totally unexpected.

[dwheels76 5,468]

Long story short...we received an RFE. No big deal, I've seen it a lot on here. However, the items they were requesting were items we gave to the attorneys (my husband's sister's firm!) so we were a little confused. We got a copy of the files they sent in electronically, and they listed NO income, assets, or annuities. They left those blank and didn't even send in the bank statements. They were in our hard copy file at the office, but not sent in electronically to USCIS.

Needless to say, we were furious. Since his sister was handling his immigration papers, we thought she would be on top of things. They said they were "expecting" to get an RFE. Obviously! They made it look like we had no money, jobs, or house to live in!!! We're beyond furious and obviously this has caused a huge feud in the family. Ugh!

We have the yellow paper that lists all the things we need to turn in, ie- federal tax return, w2, evidence of assets, 12 months bank statements, tax assessments on properties, evidence of ownership on all personal property, evidence of ownership on stocks, bonds, CDs.

I have all that together. Isn't there a form or affidavit that I fill out and return with this? I know I return the checklist they sent us. Also, should I sent it express mail or regular post? Thanks for the help. This was totally unexpected.

It's sad when you pay for incompetence. Really sorry. Just gather all you mentioned that is listed on the yellow form (there's no affidavit to fill out) and send back to where they said. Please do not miss your window of tome to respond. Overnight it and make sure you can track it.

[Pitaya 2,577]

Long story short...we received an RFE. No big deal, I've seen it a lot on here. However, the items they were requesting were items we gave to the attorneys (my husband's sister's firm!) so we were a little confused. We got a copy of the files they sent in electronically, and they listed NO income, assets, or annuities. They left those blank and didn't even send in the bank statements. They were in our hard copy file at the office, but not sent in electronically to USCIS.

Needless to say, we were furious. Since his sister was handling his immigration papers, we thought she would be on top of things. They said they were "expecting" to get an RFE. Obviously! They made it look like we had no money, jobs, or house to live in!!! We're beyond furious and obviously this has caused a huge feud in the family. Ugh!

We have the yellow paper that lists all the things we need to turn in, ie- federal tax return, w2, evidence of assets, 12 months bank statements, tax assessments on properties, evidence of ownership on all personal property, evidence of ownership on stocks, bonds, CDs.

I have all that together. Isn't there a form or affidavit that I fill out and return with this? No, you have already signed the I751 petition. I know I return the checklist they sent us. Correct, it states as such in BOLD letters in the RFE letter. Also, should I sent it express mail or regular post? Be sure to send it to the address stated on the RFE form. Ours was a PO Box, so sent it USPS. We send ours priority USPS mail with return receipt/delivery confirmation requested. Be sure to send it in within the specific timeframe on the RFE letter.Thanks for the help. This was totally unexpected. It happens.

Welcome to the forum.

Be certain of the wording of the RFE letter. In our RFE letter, the adjudicator specifically stated to include ALL financial documents "since the inception of the marriage." That would be in line with the Form I-751 instructions:

Evidence of the Relationship

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended.

REF: https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf (emphasis added)

Good luck on your immigration journey.

Edited June 4, 2016 by Pitaya

[pch1 64]

Just send whatever they asked for and if there are things they did not ask for that you thing might help in your case with financial support , go ahead and include it as well. Send them ASAP and send them express or overnight with tracking and return receipt if possible.

[Valkyrja 3]

Thanks for the help everyone! I listed the info it asked for in my initial post. It didn't ask for proof of marriage, as the attorney had sent in around 60-70 pages of pictures and texts and Facebook posts over the past several years. It basically said that we didn't meet the poverty guidelines, as we were listed as having no income or assets. It also had a place for a joint sponsor, which we don't need.

It also had two addresses, that I didn't notice before. So, there's a PO Box for regular Mail and an actual street address for express (which we'll be using)

It says under evidence of assets that an example is "Evidence of ownership and value/equity of other personal property and dates acquired". Would I list my car? It is paid off. I assume every little bit helps. I have the tax records and deeds for the house, and our annuities, which were under two other sections.

Thanks again for all the help!!!

[Harpa Timsah 13,258]

I assume you are asking about I-864 for the AOS, not ROC. Not sure why someone responded with that.

You should also send a NEW I-864 form filled out properly, in addition to the evidence of assets, jobs, taxes, etc. If the one your sister in law sent is blank, they will need a correct one.

[arken 4,197]

You said you income/job wasn't listed at all in previous i-864. Is your current annual income significantly more than the 125% of the poverty guidelines? If so, you don't need to list any assets or bank statements. All you need to provide is evidence of income (current paystubs, employment letter), last years tax return transcript and last years income information along with the form i-864.

If your current annual income is less than that, then you need to provide evidences of assets to fulfill the gap. The total value of the assets need to be more than 5 times the difference between 125% of poverty line and your income. You can list your car but you would put the current market value of the car (like from kbb), not what you paid for.

[Valkyrja 3]

I'm getting my papers together for the RFE. Now, do I need to send in another paper filled out, or is the RFE paper with the items they requested enough? I'm getting conflicting information. It makes sense that I send in the new paperwork, but need to know for sure. I appreciate all the help!!

[Harpa Timsah 13,258]

Your affidavit of support form, I-864, was blank, or at least, you said it was. You need to send in a correct one, filled out properly, with all the supporting documents.

[Valkyrja 3]

Your affidavit of support form, I-864, was blank, or at least, you said it was. You need to send in a correct one, filled out properly, with all the supporting documents.

[Valkyrja 3]

Yes. Absolutely blank!! Ok. I will get that filled out and sent in. I was confused because the RFE said if we got a co-sponsor, they would have to fill it out. I just didn't want to reset the process, or something.

We are self-employed, so low income on paper. Have assets and annuities that far exceed income required amount, plus cash in bank. If they had even listed our bank accounts, it would have more than met the amount needed.

Thanks!!

[Valkyrja 3]

Ok. Refilled out the I-864 and sent in all the documentation that was left out before. They even left the places to put taxes for the last few years blank.

We sent in deeds and titles to the houses, tax returns for past 3 years, bank account balances, annuity balances, cd balances, so I think we got everything. Fingers crossed!

I wrote a cover letter outlining everything we were sending with his A# and receipt#. I also told them that we weren't working with our attorney anymore and to contact us directly with anything else. Then we overnighted it FedEx.

Thanks for all the help!

[Valkyrja 3]

Well, they've already updated the website saying they've received the RFE, so I'm taking that as a good sign! Hopefully, it will go through quickly!!

Well, they've already updated the website saying they've received the RFE, so I'm taking that as a good sign! Hopefully, it will go through quickly!!

[Harpa Timsah 13,258]

[gpiper 77]

Also been at that stage for a few weeks now so be patient ?