Need help AOS request for evidence wrong

[Emlamontx 0]

I need help . I'm an Australian woman who met my husband in Australia , we began long distance after he left to go home to America. I went to visit him on a visa waiver and decided to get married, completely spontaneously. I applied to adjust status , I concurrently filed i485, work permit and i130 . My dilemma is I got a request for initial evidence (I-485) , and it's asking for

- for the intending immigrants income to be included in the household income , it must have been from a lawful source and earned while the intending immigrant was authorized to work in the United States.

- a copy of an unexpired form I-94 , arrival/ departure record , with ' work authorized' by port of entry personnel .

This is a problem because I have never worked in the United States ? I don't have the things they're asking for but if I don't send everything they want in I'll be denied . I have about 80 days .

I have an I -94 but it doesn't say work authorized . I think they may Have thought i worked here because when I was filling out forms I wrote my end work date of my most recent job, which was in australia, after I got to America , because I had only taken time off but once I got married I emailed and quit . I contacted a pro bono lawyer but she needs to see a copy of my i485 but I kept no copies , only my table of contents.

Sorry for the length but this is my first post after reading other people's answers,

Thank you in advance

[EM_Vandaveer 2,417]

I'd just send an explanation about not having worked in the US. Double check your I-864 and its supporting documents. Does it look like you tried to include your income on there?

[KayDeeCee 4,896]

Like stated above, check the I-864 to make sure you were not listed in Part 6 by mistake. Explain that you have never worked in the US and are not using your non-existent income for the affidavit of support.

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

[Emlamontx 0]

Thankyou for your fast replies . Who would i write to?

And unfortunately, as i stated above I did not keep copies of anything I submitted , including my i864 . I scowered this site so I'm sure I put myself in the right class but I would have known if I did or not if I hadn't been in such a rush to send it out and kept copies .

I called the number given if I had any questions about the request and he didn't offer any way to sort this out and only instructed me to contact a pro bono attorney because if I simply don't send in what's requested I'll be denied .

I was hoping by posting on here i could get some idea of how to rectify this . Because as a visa waiver immigrant I waive rights to challenge a denial.

[Starkilla09 366]

Thankyou for your fast replies . Who would i write to?

And unfortunately, as i stated above I did not keep copies of anything I submitted , including my i864 . I scowered this site so I'm sure I put myself in the right class but I would have known if I did or not if I hadn't been in such a rush to send it out and kept copies .

I called the number given if I had any questions about the request and he didn't offer any way to sort this out and only instructed me to contact a pro bono attorney because if I simply don't send in what's requested I'll be denied .

I was hoping by posting on here i could get some idea of how to rectify this . Because as a visa waiver immigrant I waive rights to challenge a denial.

An RFE doesn't necessarily mean you must submit evidence even if it's a mistake to have been requested in the first place. You cannot give what you don't have as the saying goes. In this case write a letter instead and send with your RFE envelope to address the misunderstanding and explain in detail. It'll be accepted and rectified. Hopefully your husband alone meet financial requirements to petition for you without a joint sponsor to make it even easy without needing another one for a joint sponsor requirement as well.

Edited November 24, 2016 by Starkilla09

[Emlamontx 0]

So would I send the letter to the address given on my rfe ? And it says I have to send the letter back with it . I'm hoping someone who has sent a letter before will reply and say whether it rectified their problem. 125% of the poverty line makes it about $20000 my husband earns about $400 less than that a year not including about 10 hours overtime a week but they didnt take the overtime into account (which I was hoping they would provided we sent more pay stubs) I suppose so now we need a joint sponsors, my mother in law said she would do it .

So if I send a letter I would accompany it with the joint sponsorship form because it is the only thing requested than can be provided .