Request for Initial Evidence (I-485) - HELP ME please!

[CaroLeh 15]

Hi everyone,

I've received a Request for Initial Evidence (I-485) in the mail today.

It states:
For the intending immigrant's income to be included in the household income, it must have been from a lawful source and earned while the indenting immigrant was authorized to work in the United States. The intending immigrant listed on the petitioner/sponsor's Form I-864, Affivat of Support or Form I-864A, Contract Between Sponsor and Household Member, must submit evidence that they were authorized to work in the United States.

Examples include the following:
- A copy of an unexpired Form I-94, Arrival/Departure Record, showing a non-immigrant classification that allows the indenting immigrant/household member to work lawfully in the U.S. Classifications include: E1, E2, E3, H1B, H1b1, H1C, H2A, H2B, H3, I, J1, L1, O1, O1A, O1B, O2, P1A, P1B, P2, P3, Q1, Q2, R1, TC or TN.

- A copy of an unexpired EAD issued by USCIS.
- A copy of an unexpired Form I-94, Arrival/Departure Record, with "Employment Authorization" or similar annotation by port-of-entry personnel. 


PROBLEM: I am a F1 Student on OPT. F1 is NOT a category. During my studies, I've worked for my university as a TA and got a scholarship and a stipend. After graduation, I got OPT and am currently working. 

In my initial I-485 package, I've included my EAD card and even proof that I had CTP once during the summer. Should I have had included my previous 797 notice for my OPT? (I've included all of that in my I-765 pile). My husband (petitioner) alone does not make 20k annually BUT we included 12 months of bank statement showing that he had well over 60k in his account for the past year. We thought that that + pay stubs and all that jazz should be enough to show that he has liquid assets of over 60k. 

How do I reply to this notice?! Do I just send a letter explaining all this (+ resubmitting what we've already submitted)?

Please help! I am so confused!

[azblk 338]

25 minutes ago, CaroLeh said:

Hi everyone,

I've received a Request for Initial Evidence (I-485) in the mail today.

It states:
For the intending immigrant's income to be included in the household income, it must have been from a lawful source and earned while the indenting immigrant was authorized to work in the United States. The intending immigrant listed on the petitioner/sponsor's Form I-864, Affivat of Support or Form I-864A, Contract Between Sponsor and Household Member, must submit evidence that they were authorized to work in the United States.

Examples include the following:
- A copy of an unexpired Form I-94, Arrival/Departure Record, showing a non-immigrant classification that allows the indenting immigrant/household member to work lawfully in the U.S. Classifications include: E1, E2, E3, H1B, H1b1, H1C, H2A, H2B, H3, I, J1, L1, O1, O1A, O1B, O2, P1A, P1B, P2, P3, Q1, Q2, R1, TC or TN.

- A copy of an unexpired EAD issued by USCIS.
- A copy of an unexpired Form I-94, Arrival/Departure Record, with "Employment Authorization" or similar annotation by port-of-entry personnel. 


PROBLEM: I am a F1 Student on OPT. F1 is NOT a category. During my studies, I've worked for my university as a TA and got a scholarship and a stipend. After graduation, I got OPT and am currently working. 

In my initial I-485 package, I've included my EAD card and even proof that I had CTP once during the summer. Should I have had included my previous 797 notice for my OPT? (I've included all of that in my I-765 pile). My husband (petitioner) alone does not make 20k annually BUT we included 12 months of bank statement showing that he had well over 60k in his account for the past year. We thought that that + pay stubs and all that jazz should be enough to show that he has liquid assets of over 60k. 

How do I reply to this notice?! Do I just send a letter explaining all this (+ resubmitting what we've already submitted)?

Please help! I am so confused!

Did you include your (beneficiary) income on your sponsors i-864? It seems they want proof that your income is from a lawful source and you are authorized to work in the USA.

[CaroLeh 15]

Yes, I included my current income to meet the 20k threshold. I included my EAD, SSN, pay stubs from the past 6 months, and offer letter. I worked during school (as TA on F1), then under OPT after graduation. Everything was legal. 

Edited March 1, 2018 by CaroLeh

[azblk 338]

3 hours ago, CaroLeh said:

Yes, I included my current income to meet the 20k threshold. I included my EAD, SSN, pay stubs from the past 6 months, and offer letter. I worked during school (as TA on F1), then under OPT after graduation. Everything was legal. 

Because you are using your income you also have to show that your income will continue from the same source even after you gain a green card. What that means is basically your employer write a letter saying they will not fire you because of your status change.

[CaroLeh 15]

8 hours ago, azblk said:

Because you are using your income you also have to show that your income will continue from the same source even after you gain a green card. What that means is basically your employer write a letter saying they will not fire you because of your status change.

 

Okay... these RFIE requirements are confusing. I am bummed that F1 isn't an option. Lots of people adjust from F1 to AOS and work legally as TA during school (under 20 hours a week) and later on full time (during OPT). I guess the only thing I didn't include really was a job letter from my employer... 

[azblk 338]

3 hours ago, CaroLeh said:

 

Okay... these RFIE requirements are confusing. I am bummed that F1 isn't an option. Lots of people adjust from F1 to AOS and work legally as TA during school (under 20 hours a week) and later on full time (during OPT). I guess the only thing I didn't include really was a job letter from my employer... 

I don't think the USCIS sees many applications where the intending immigrants income is being using to qualify and as a result most officers do not know how to properly handle them when they come across them. The RFE's they send out tend to be generic catch all requests asking for more than is actually needed. A good rule of thumb though is that it is better to send whatever they ask for than get into a back and forth on whether you already sent what is required.

[CaroLeh 15]

4 hours ago, azblk said:

I don't think the USCIS sees many applications where the intending immigrants income is being using to qualify and as a result most officers do not know how to properly handle them when they come across them. The RFE's they send out tend to be generic catch all requests asking for more than is actually needed. A good rule of thumb though is that it is better to send whatever they ask for than get into a back and forth on whether you already sent what is required.

Yep. I just just biting into the sour apple now and am sending them what they are asking. Thanks for your help! 

[Hamilton 511]

So as it happens, I read up a bunch about this exact issue and RFIE recently. Grad students on VJ have gotten this RFIE before.

 

The list of visas isn't exhaustive - they say "including X Y and Z visas". So F1 is an uncommon one, but that doesn't automatically rule it out. To prove that you were authorized to work, you can submit a letter from your DSO (Designated School Official) from your intl student center. In the letter, they should say you've abided by all the conditions in your F1 visa, and that you're now doing OPT. And then add a letter from your employer, of course. Also add your I-20, and a copy of your F1 visa, and your approval for OPT and your EAD. 

 

I think the bigger issue is that OPT is only a year, so I don't think USCIS will value earnings from your employment. For the intending immigrant's income to count, it needs to be from the same source for at least 3 years, if I'm not mistaken.

[azblk 338]

31 minutes ago, Hamilton said:

I think the bigger issue is that OPT is only a year, so I don't think USCIS will value earnings from your employment. For the intending immigrant's income to count, it needs to be from the same source for at least 3 years, if I'm not mistaken.

There is no 3 year requirement on intending immigrants income. Only that it is derived form a lawful source and that it continues after they become LPRs.

 

https://www.ilw.com/articles/2006,1128-wheeler.shtm

 

 

[arken 4,197]

2 hours ago, CaroLeh said:

Yep. I just just biting into the sour apple now and am sending them what they are asking. Thanks for your help! 

If you list here what additional documents you are sending this time compared to last time, you could get additional insight on whether they are sufficient. 

[Hamilton 511]

1 hour ago, azblk said:

There is no 3 year requirement on intending immigrants income. Only that it is derived form a lawful source and that it continues after they become LPRs.

 

https://www.ilw.com/articles/2006,1128-wheeler.shtm

 

 

Oh interesting. I guess the question is whether OPT would last after someone becomes an LPR, since OPT can be only 12 months long - 24 months for STEM students. Regardless, I think it's completely legitimate to say OP is earning income in accordance with their F1 visa's stipulations.

 

[CaroLeh 15]

On 3/2/2018 at 5:10 PM, arken said:

If you list here what additional documents you are sending this time compared to last time, you could get additional insight on whether they are sufficient. 

I talked to my lawyer about this and was told to resubmit all my I-20s, my EAD, my SSN, my I-94 + travel history, my passport, and (NEW) an employment offer letter (I did not previously submit this). Let's see if this will work. In the meantime, I think I am going to start preparing a 864A in case it's needed. I make twice as much as my sponsor so I am bummed that they aren't "accepting" my current income as part of the 864. We also did submit 12-months of bank statements showing that my sponsor has enough liquid assets. This whole situation doesn't make any sense to me. 

 

Also, does anyone know if my entire application (including I-765) is currently on hold? Or will they still process the I-765 in the meantime? 

Edited March 6, 2018 by CaroLeh

[CaroLeh 15]

Update: As of March 8, my application is no longer on hold!!! I am still very confused as to why I got this RFIE in the first place but whatever. I am just waiting for now. 

[arken 4,197]

Good luck n hope it gets approved soon. From USCIS perspective, the RFE was logical as they wanted to make sure you were allowed to work for any time period you showed your income. I hope you sent enough evidences. Did you also send that a statement from your employer that you will be earning at least the same amount you are earning at present after you get ur GC?.

[CaroLeh 15]

5 minutes ago, arken said:

Good luck n hope it gets approved soon. From USCIS perspective, the RFE was logical as they wanted to make sure you were allowed to work for any time period you showed your income. I hope you sent enough evidences. Did you also send that a statement from your employer that you will be earning at least the same amount you are earning at present after you get ur GC?.

 Yes, and I did submit ALL OF THAT in my original filing package. I pretty much just re-submitted some documents for the RFIE because I didn't know what else to include (since they already had all of that).