F-1 AOS RFE any thoughts?

[Transborderwife 4,666]

Just now, xillini said:

I filed AOS last December during OPT, which will be expired by August 2017, it is not STEM extension OPT but just normal OPT. 

 

Hmm.  I'm not an expert by any means, but I could see why they'd deny your income in this situation.

[xillini 71]

26 minutes ago, tbone1991 said:

If I were you, I would 1) check if the forms were filed properly, like I said, your USC spouse should file I-864 and includes your income as the total income of your household. This is the black/white rule. 2) Make sure to include your recent paystubs(6 months) in it. 3) Did you file tax in the previous years? If so I would get the tax transcript too. 4) You letter from your employer should also state your start date, how much you make and how many hours you work per week.  

Sorry I misunderstood and thought your lawyer meant you income couldn't be used. I understand his take on this is to be on the safe side. If it's not too much hassle for you to find a co-sponser then that's also another way to go. 

Good luck! 

Thank you. That is what I will do while I am looking for joint co sponsor. My wife has no problem to sign for I-864. I have not completed tax return of 2016 as married joint filling jointly. We still did not receive health insurance form to show my wife had been covered during tax year of 2016. Yet it is just one click away, meaning all the others information is updated for 1040R married couple joint filling, just need to have insurance form and click it. 

 

My employer does not have any problem to state detailed letters about me as a satisfactory employee. (The corporate uses ADP as HR, but I attached my manager's employment verification letter signed by her signature and her name card with official phone number and company email, and she has been satisfied with my job performance so far)

 

And no problem. My lawyer wants to get the application done quickly without much problem. 

I see your points! Like I mentioned, it is gray area of legal perspectives, where USCIS has high authority of discretion power (which is what my lawyers explained, saying that even if it is highly unreasonable, ultimately USCIS reserves a right to exclusively interpret immigration laws other than immigration court)

 

I will talk to my lawyer again to double check, but do you know if I submit it again, yet if USCIS does not credit the submitted evidences for whatever reasons, will they issue NOID? or they may send just another RFE? 

 

Thank you

Edited February 15, 2017 by xillini

[xillini 71]

10 minutes ago, Transborderwife said:

Hmm.  I'm not an expert by any means, but I could see why they'd deny your income in this situation.

You meant my EAD will expire soon and can not be credited to household income? 

The RFE does not say anything specific, and I asked lawyers if we can talk to responsible officers, but he said the rule is we can only communicate through mailed service

[Transborderwife 4,666]

1 hour ago, xillini said:

You meant my EAD will expire soon and can not be credited to household income? 

The RFE does not say anything specific, and I asked lawyers if we can talk to responsible officers, but he said the rule is we can only communicate through mailed service

No I mean your opt status 

[Ben&Zian 4,398]

Just find a co-sponsor... simple, done. No head aches.

[Valor 131]

10 hours ago, xillini said:

Thank you. That is what I will do while I am looking for joint co sponsor. My wife has no problem to sign for I-864. I have not completed tax return of 2016 as married joint filling jointly. We still did not receive health insurance form to show my wife had been covered during tax year of 2016. Yet it is just one click away, meaning all the others information is updated for 1040R married couple joint filling, just need to have insurance form and click it. 

 

My employer does not have any problem to state detailed letters about me as a satisfactory employee. (The corporate uses ADP as HR, but I attached my manager's employment verification letter signed by her signature and her name card with official phone number and company email, and she has been satisfied with my job performance so far)

 

And no problem. My lawyer wants to get the application done quickly without much problem. 

I see your points! Like I mentioned, it is gray area of legal perspectives, where USCIS has high authority of discretion power (which is what my lawyers explained, saying that even if it is highly unreasonable, ultimately USCIS reserves a right to exclusively interpret immigration laws other than immigration court)

 

I will talk to my lawyer again to double check, but do you know if I submit it again, yet if USCIS does not credit the submitted evidences for whatever reasons, will they issue NOID? or they may send just another RFE? 

 

Thank you

Sorry I don't know whether they would issue you a NOID or not since I have no experiences with it. I have no doubt your wife is willing to sign the I-864. The reason why I said that was because you have to make sure your wife's name is stated correctly on the form, which is the sponsor.  If you accidentally put your name as the sponsor, that would also result a REF I believe.