3rd AOS RFE, please help

[Kristi&Luigi 157]

Hi guys, 

I have a couple of questions regarding my most latest RFE for my husbands AOS. I hope some of you can help me out. 

 

First and foremost we went through an extremely hard time from December of last year and then now what is happening has really gotten us behind with replying to this RFE. The deadline is April 9 and before I send of the documents I wanted to ask a few questions. 

 

Short story and RFE history: 

-March of last year we applied for AOS. We received IRFE as I didn't have enough employment history to be a sponsor for my husband (3 month pay stubs only). We were asked to get a sponsor. We did and submitted the package. 

-On October we had our interview, the interviewer told us he would approve us on the spot except the overseas cs had filled out my husbands medical form incorrectly so he gave us an RFE and asked us to re-make it. At this point our co sponsor had lost their job so they withdrew their application. We also let the interviewer know that since now a few months had passed and I had a valid amount of employment, I would like to be the sponsor. He said "yes it is fine" and when I offered him my updated Affidavit he said he didn't need it and just wrote a note. We re-did my husbands medical and submitted the package. 

-January we received our 3rd RFE. It is saying that the CoSponsor has withdrawn their application and asking for a new co sponsor and/or a petitioning sponsor. Our deadline is April 9. 

 

Here are my questions: 

 

1. I saw USCIS has extended RFE's due to covid-19 by 60 days. Does this apply to cases with a deadline during this time (March-May)? Or only brand new issued RFE's?  https://www.uscis.gov/news/alerts/uscis-expands-flexibility-responding-uscis-requests

 

2. For last year I didn't have any taxes to submit, so I didn't. I sent in my PayStubs, letter from employer, and letter of explanation why I hadn't filed taxes. This got me the first RFE. Now I have been employed with a new employer since Last Month. Last year I made above USCIS poverty guidelines and I have my taxes from 2019 to submit for this. Do I need to include PayStubs from my new job? Is it a problem that I have only been in the new job for 1 month? 

 

4. I just noticed that my Passport expires this April 20... As a petitioning sponsor I will need to provide proof of US Citizenship but since I was not born here I do not have something else. Is a fast approaching Passport expiration a problem? 

 

5. Lastly do you think we can get this approved with me as the only sponsor? I can provide w-2 and tax documents from 2019. I can provide the paystubs from the past month and also a letter from the employer. Do you think this will be good enough for approval? What else should I include in my packet. 

 

6. Additionally I am afraid that since this is the 3rd RFE they might deny us if we miss out some information or they don't approve me as the sponsor again. In that situation, would they re-issue a new RFE or just deny the case? 

 

Thanks for your time and I hope everyone is well. 

Cheers. 

 

[milimelo 4,481]

Passport is fine even if it's expiring - you have your naturalization certificate, right? Send a copy of it as well. 

I-864 is fine but I'd still submit not just 2019 taxes but also your leave and earning statements covering extended period. 

 

Make sure you have every possible thing the RFE asks for - doubt they'd send another RFE. Hopefully approval is around the corner!