March 2017 AOS Filers

[PinkCandy 134]

10 minutes ago, vosovski said:

Got wife's RFIE letter in mail today and it is for my I-864. I am couple thousands short, so I am getting another co-sponsor I-864.

So now my question is how do I submit this properly. On my I-864 I had "1.a I am the petitioner. I filed or am filing for the immigration of my relative.", so does my co-sponsor select "1.2. I am the only joint sponsor."?

In this case, is my I-864 even considered since it does not meet the income requirement?

 

Please spare me from the comments asking why I didnt get co-sponsor sooner

Hello, I think I can help you. I am the one being petitioned and I also have a sponsor and a co-sponsor.

You are correct on the items to check (based on what my attorney did)
For my sponsor,  "1.a" was checked and as for my co-sponsor, "1.d" was checked. 

My husband's income was very low so we asked my in-law (husband's parent) to co-sponsor. 

I think even if your income does not meet the requirement, USCIS still needs your information because you are the petitioner. 

[vosovski 33]

29 minutes ago, PinkCandy said:

Hello, I think I can help you. I am the one being petitioned and I also have a sponsor and a co-sponsor.

You are correct on the items to check (based on what my attorney did)
For my sponsor,  "1.a" was checked and as for my co-sponsor, "1.d" was checked. 

My husband's income was very low so we asked my in-law (husband's parent) to co-sponsor. 

I think even if your income does not meet the requirement, USCIS still needs your information because you are the petitioner. 

Thank you!

 

Now I just gotta google some I-864 self-employed examples and the RFIE response will be on the way back tomorrow

In case I don't find this searching or someone replies before I find the info, here are some questions about I-864.

1) My parents filed joint tax for past couple years and the income amount on the tax is obviously higher than my dad's income on I-864. In this case should my mom be also included/mentioned on dad's I-864 as well as have I-864A completed? 

2) Because of joint tax return, should we include W-2 that each parent received or just my dad's W-2? 

 

 

[PinkCandy 134]

4 minutes ago, vosovski said:

Thank you!

 

Now I just gotta google some I-864 self-employed examples and the RFIE response will be on the way back tomorrow

In case I don't find this searching or someone replies before I find the info, here are some questions about I-864.

1) My parents filed joint tax for past couple years and the income amount on the tax is obviously higher than my dad's income on I-864. In this case should my mom be also included/mentioned on dad's I-864 as well as have I-864A completed? 

2) Because of joint tax return, should we include W-2 that each parent received or just my dad's W-2? 

 

 

My in-laws filed joint tax returns too and my mother in law has the higher income (she's the co-sponsor) so lawyer said it is sufficient to submit only her information - her latest W-2, 3-month pay stubs and copies of the joint tax returns for the past 3 years. We did NOT submit anything from my father in law except the joint tax returns. 

[vosovski 33]

Just now, PinkCandy said:

My in-laws filed joint tax returns too and my mother in law has the higher income (she's the co-sponsor) so lawyer said it is sufficient to submit only her information - her latest W-2, 3-month pay stubs and copies of the joint tax returns for the past 3 years. We did NOT submit anything from my father in law except the joint tax returns. 

Interesting. So on I-864 you had adjusted gross income from joint tax without mentioning co-sponsors spouse (your father in-law)? 

Instructions for I-864 say that if income requirement is met then additional household members do not need to be included. If additional household member is included then he needs I-864A form.

However, with quick google search it looks like most applications with joint tax return sponsors included the spouse and I-864A for the spouse. I bet it is because single spouse wouldn't meet the income requirement. Maybe.

 

So I guess I will take my chances by including my dad's info only, since only his income should cover income requirement  for almost double household size. Unless someone else persuades me otherwise.

Biggest scare with this is I don't include enough information and they send RFE (or RFIE again). Similarly if I send too much information and make a mistake then I will probably get RFE or RFIE as well.

[PinkCandy 134]

11 hours ago, vosovski said:

Interesting. So on I-864 you had adjusted gross income from joint tax without mentioning co-sponsors spouse (your father in-law)? 

Instructions for I-864 say that if income requirement is met then additional household members do not need to be included. If additional household member is included then he needs I-864A form.

However, with quick google search it looks like most applications with joint tax return sponsors included the spouse and I-864A for the spouse. I bet it is because single spouse wouldn't meet the income requirement. Maybe.

 

So I guess I will take my chances by including my dad's info only, since only his income should cover income requirement  for almost double household size. Unless someone else persuades me otherwise.

Biggest scare with this is I don't include enough information and they send RFE (or RFIE again). Similarly if I send too much information and make a mistake then I will probably get RFE or RFIE as well.

This I cannot answer, I'm sorry.

I only based my previous reply from what my lawyer required from me and so far no RFIE/RFE about I-864 (*knocks on wood). 

Maybe if you have questions on how to answer items on the 864 form, I can check mine to see how the lawyer answered it to give you idea?

 
 

[vosovski 33]

19 minutes ago, PinkCandy said:

This I cannot answer, I'm sorry.

I only based my previous reply from what my lawyer required from me and so far no RFIE/RFE about I-864 (*knocks on wood). 

Maybe if you have questions on how to answer items on the 864 form, I can check mine to see how the lawyer answered it to give you idea?

 
 

No worries  You have helped me more than enough

 

 

[emchappie 119]

13 hours ago, vosovski said:

Got wife's RFIE letter in mail today and it is for my I-864. I am couple thousands short, so I am getting another co-sponsor I-864.

So now my question is how do I submit this properly. On my I-864 I had "1.a I am the petitioner. I filed or am filing for the immigration of my relative.", so does my co-sponsor select "1.2. I am the only joint sponsor."?

In this case, is my I-864 even considered since it does not meet the income requirement?

 

Please spare me from the comments asking why I didnt get co-sponsor sooner

Although I can't help you with your specific situation, I just wanted to let you know I got an RFIE for my i-864 for my husbands income not being enough and not having a joint sponsor, so just wanted to let you know you aren't alone in this situation.  

[emchappie 119]

So this isn't really that interesting, but I just thought I would post a little update on my case, and RFIE. More just so if anyone else encounters this issue, it could put their mind at ease  

Basically, I recieved my RFIE this for the I-864 because my husband was more sponsor, however his income was made up of work and financial aid from school (which after phoning this morning we have confirmed that they do not accept as a means of income). Nexy hundle, my husband started a new job, and has been their for a month, so he is now no longer allowed to be my only sponsor because you have to be at the same job for a consecutive 6 months, so his new salary wouldn't be accepted. This left us with one option,  co-sponsor. Which I didn't really want to do at this stage becasue I wanted to turn this RFIE around and get it sent back as soon as possible. So fingers crossed for a smooth road from here.

 

I do have one question, thie RFIE has only the receipt number for my I-485 and my EAD application still says 'case received' and hasn't changed since receiving the RFIE, does this mean that the RFIE doesn't affect the speed of which my EAD is being processed? 

[vosovski 33]

1 minute ago, emchappie said:

Although I can't help you with your specific situation, I just wanted to let you know I got an RFIE for my i-864 for my husbands income not being enough and not having a joint sponsor, so just wanted to let you know you aren't alone in this situation.  

Looks like our timelines are almost identical at this point  

 

Did you get everything sorted out already? I came up to another issue. My dad is self employed now and has been worked as sub-contractor since March. Prior to that he was unemployed (we worked for same company and got in same situation) and received unemployment benefits.

 

So I am trying to figure out what to include as proof for his current income and about including a signed letter from him explaining the situation.

 

[emchappie 119]

20 minutes ago, vosovski said:

Looks like our timelines are almost identical at this point  

 

Did you get everything sorted out already? I came up to another issue. My dad is self employed now and has been worked as sub-contractor since March. Prior to that he was unemployed (we worked for same company and got in same situation) and received unemployment benefits.

 

So I am trying to figure out what to include as proof for his current income and about including a signed letter from him explaining the situation.

 

Yeah we are almost identical, apart from our biometrics being different.

Ermmmm its kinda sorted, but i'm not gona be able to send my RFIE back for another 2 weeks. We have asked someone to be our co-sponsor, but now I've got to wait for them toget all their evidence together, and then we got to drive to collect the evidence from them. But I need to ring tomorrow to double check and make sure if someone is retired can use their 401k and social security payments as income.... its just not the situation I want right now. 

[csynal5421 4]

1 hour ago, emchappie said:

Although I can't help you with your specific situation, I just wanted to let you know I got an RFIE for my i-864 for my husbands income not being enough and not having a joint sponsor, so just wanted to let you know you aren't alone in this situation.  

hi dear ,i am a march filler too ,i am joining so we can share our stressful time, my PD is march 15,i did my bio april 17 until now i never got any update on either cases, i never get a RF i485 said we received your fingerprint fee i130,i765,i131 said on march 15 we received your case.what is your timeline?

[Californiansunset 336]

2 hours ago, emchappie said:

So this isn't really that interesting, but I just thought I would post a little update on my case, and RFIE. More just so if anyone else encounters this issue, it could put their mind at ease  

Basically, I recieved my RFIE this for the I-864 because my husband was more sponsor, however his income was made up of work and financial aid from school (which after phoning this morning we have confirmed that they do not accept as a means of income). Nexy hundle, my husband started a new job, and has been their for a month, so he is now no longer allowed to be my only sponsor because you have to be at the same job for a consecutive 6 months, so his new salary wouldn't be accepted. This left us with one option,  co-sponsor. Which I didn't really want to do at this stage becasue I wanted to turn this RFIE around and get it sent back as soon as possible. So fingers crossed for a smooth road from here.

 

I do have one question, thie RFIE has only the receipt number for my I-485 and my EAD application still says 'case received' and hasn't changed since receiving the RFIE, does this mean that the RFIE doesn't affect the speed of which my EAD is being processed? 

My EAD application never changed either however RFIE to the I-485 DO affect the I-765 processing time. For example on day 78 I wanted to do a service request for my EAD and the USCIS lady said that she can't do that since I have to count the 75 days for the service request from the day my status for the I-485 has said "We received your response for the requested (...) We will continue working on your case" so it reversed my waiting time for the EAD back to 0 from when they had received my documents. I already knew that though, just thought it was worth a try. 

 

Here's what I posted a little while ago in this thread for someone who asked the same question: 

Some people say it does, others say it doesn't. Really, it just seems very you get lucky or not. An RFIE according to USCIS reverses the processing clock back to 0 and affects all the concurrently filed applications with it. While there's been people that had as a result EAD wait times of 150 days and over (look at November 2016 forum) there are people who got an RFIE and got their EADs within a normal processing time frame. 

Source:

https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

 

"One exception to this rule is if USCIS requires initial or additional evidence. If initial is evidence is requested, the processing time will start from zero upon receipt of the requested evidence. If additional evidence is requested, the processing time limit is extended by the amount of time it takes for you to receive the request for evidence and respond to it. Also, the processing time is extended when a request for evidence is issued for any form filed concurrently with Form I-765."

 

Or: 

• If we issue a request for initial evidence, the date for calculating the processing time will start over from the date we receive the initial evidence.
  • For example, if your case has been pending for 60 days when we issue a request for initial evidence and you respond 30 days later, the date for calculating the processing time will start on the date we receive your response. 
• In certain categories, we cannot process your Form I-765 until after we approve another application/petition because that approval is the basis for your application for employment authorization.

 

Taken from: https://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

[kimy33 19]

heard from someone who filed AOS at 03/17/2017 is already scheduled for interview on June 14. I know most of the filers here don't need to have an interview, but would still like to share with you. that filer's field office is in LA, CA. 

[emchappie 119]

1 hour ago, Californiansunset said:

My EAD application never changed either however RFIE to the I-485 DO affect the I-765 processing time. For example on day 78 I wanted to do a service request for my EAD and the USCIS lady said that she can't do that since I have to count the 75 days for the service request from the day my status for the I-485 has said "We received your response for the requested (...) We will continue working on your case" so it reversed my waiting time for the EAD back to 0 from when they had received my documents. I already knew that though, just thought it was worth a try. 

 

Here's what I posted a little while ago in this thread for someone who asked the same question: 

Some people say it does, others say it doesn't. Really, it just seems very you get lucky or not. An RFIE according to USCIS reverses the processing clock back to 0 and affects all the concurrently filed applications with it. While there's been people that had as a result EAD wait times of 150 days and over (look at November 2016 forum) there are people who got an RFIE and got their EADs within a normal processing time frame. 

Source:

https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization

 

"One exception to this rule is if USCIS requires initial or additional evidence. If initial is evidence is requested, the processing time will start from zero upon receipt of the requested evidence. If additional evidence is requested, the processing time limit is extended by the amount of time it takes for you to receive the request for evidence and respond to it. Also, the processing time is extended when a request for evidence is issued for any form filed concurrently with Form I-765."

 

Or: 

• If we issue a request for initial evidence, the date for calculating the processing time will start over from the date we receive the initial evidence.
  • For example, if your case has been pending for 60 days when we issue a request for initial evidence and you respond 30 days later, the date for calculating the processing time will start on the date we receive your response. 
• In certain categories, we cannot process your Form I-765 until after we approve another application/petition because that approval is the basis for your application for employment authorization.

 

Taken from: https://www.uscis.gov/forms/tip-sheet-employment-authorization-applications-pending-more-75-days

I may be reading this the wrong way, but although I also kinda knew about the reset back to 0 when you receive an RFIE, however after reading over your post, which I think i've actuall read when you posted it the first time, it seems to be saying that it just extends the wait time, so they pause the process until they receive the RFIE and all evidence, and then they resume again. So if i take a week to send in my evidence, surely that should mean that my 90 days is only extended by a week, I don't know thats what I understood  "the processing time is extended when a request for evidence is issued for any form filed concurrently with form I-765" 

[Californiansunset 336]

1 hour ago, emchappie said:

I may be reading this the wrong way, but although I also kinda knew about the reset back to 0 when you receive an RFIE, however after reading over your post, which I think i've actuall read when you posted it the first time, it seems to be saying that it just extends the wait time, so they pause the process until they receive the RFIE and all evidence, and then they resume again. So if i take a week to send in my evidence, surely that should mean that my 90 days is only extended by a week, I don't know thats what I understood  "the processing time is extended when a request for evidence is issued for any form filed concurrently with form I-765" 

No that is what a normal RFE would do. Pause the time and then keep on processing from the day you submit the requested documents. However a RFIE (Initial evidence) reverses the entire time back to 0 from the day the requested documents are submitted. That's also what USCIS describes in the quote. 

The USCIS lady told me the exact same thing even though I told her that technically if the RFIE is done before the biometrics it shouldn't affect the application since USCIS doesn't start processing until they have the biometrics anyways. She obviously didn't agree with it and said that I need to take the day the status changes to documents received as my new day number one and then start counting. You can find lots of threads about this topic. 

 

I-765 is filed concurrently with I-485 and vice versa