AOS from VWP through marriage RFE on i865 makes no sense

[leaf777 1]

AOS from VWP I485 request for initial evidence on I864 makes no sense

Hi guys. I have entered on VWP and applied for AOS through marriage. I just got this in the mail.

The petioner/ sponsor lists their current on Form i-864 as an amount to be considered sufficient however no evidence has been submitted for proof of current income.

Submit evidence of the petioner/sponsor's current income.Such evidence should include

paystubs , employment verification letter etc...

My wife didn't make enough to meet the 20.000 line last year so we also submitted a joined sponsor who made 70k in the past 3 years and been employed by a company for over 10 years.For the joined sponsor we submitted he's last 3 years tax returns with W2's and aslo for current income we submitted he's paystubs with year to date 45k.

I believe the RFE is referring to my wife. Last year she only made 16.000$ but on this years income we put 38 as this is how much she will make. We knew that she will no be sufficient so we used a joined sponsor.

I dont understand this RFE as every paperwork is in order for the joined sponsor. Regarding t my wife. the petioner we have included a copy of a employment verification letter that says she worked for the company for 3 years and has a salary of xxx$ per week. They cant say a yearly salary as she is working on call basis per contract so she gets paid weekly and the amount of weeks working is always different.

Can someone help me what to do with this? We could submit some paystubs for my wife and her current employment contract and statements to sho she got paid in past 6 month. But we was USCIS to use the joined sponsor so there is no holdup with my wife affidavit.

Would appreciate some help on this.

[Boiler 45,501]

Probably misfiled it, send again.

[leaf777 1]

Thanks for your answer. Was do you mean misfiled and send again what? The filing was prepared by one of the best immigration lawyer in Los Angeles area. Now not sure what to submit because we have submitted everything before.

Do they refer to the petioner or the joined sponsor, maybe both?

I could send in my wife's paystubs and bank statements however we want CIS to use the joined sponsor.

Thanks for your help

[Adil & Jeanne 296]

Even though she used a cosponsor she must answer this question and submit proof on her I 864

Instuctions:

Item Number 2. Current Individual Annual Income. Enter your current, individual, earned or retirement, annual income that you are using to meet the requirements of this affidavit and indicate the total in the space provided. You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income. Item Number

[leaf777 1]

We submitted an employment letter for my wife but it only says weekly salary earned as she work per contract and paid by weeks. She ben with the company for 3 years but its not a full year job, they only pay when she works and its around 40-45 weeks a year always different. Depends how much work the employer has for her.


We could submit paystubs and her current working contract as well as bank statement showing deposits.Would that work?

Still don't understand why the RFE if there is a sufficient joined sponsor.

[leaf777 1]

We submitted an employment letter for my wife but it only says weekly salary earned as she work per contract and paid by weeks. She ben with the company for 3 years but its not a full year job, they only pay when she works and its around 40-45 weeks a year always different. Depends how much work the employer has for her.


We could submit paystubs and her current working contract as well as bank statement showing deposits.Would that work?

Still don't understand why the RFE if there is a sufficient joined sponsor.