RFE and confused

[cbro20 53]

Hello!

 

My wife and I mailed our I-485 to USCIS before the February 24th deadline went into effect (implementing the USCIS policy change requiring the declaration of self-sufficiency).

 

We received NOA1 in the mail in mid-March, saying that AOS was in process. So we “got in” under the deadline requiring a declaration of self sufficiency and new forms.
 

We just received an RFE in the mail requesting us to fill out a declaration of self sufficiency and send in an updated I-485. What? Does that mean we have to send in a brand new AOS packet? They already charged us for the last one...
 

They didn’t return the original package to us when we mailed it in before the deadline, so we were under the impression that the version of the forms we sent in had been accepted and were being processed WITHOUT the declaration of self sufficiency necessary. Some who had mailed theirs in after the deadline were getting their packets returned, but we got in in time.

 

They also spelled my wife’s name wrong in the RFE. USCIS.

 

What should we do here? I can’t make sense of the this or understand why it happened. Has anyone else experienced this?

Edited June 15, 2020 by cbro20

[Lucky2Lucky 2,526]

Following post. (And please update your timeline) 

[cbro20 53]

RFE says “submit a properly completed and signed form I-485. All pages must be present and of the correct edition date.”

 

What does that mean? 

[NancyNguyen 1,658]

You are lucky they didn't just deny your application. That's why deadline date can always bring some headaches. There is no way to go around RFE except providing them what they require. No need to pay fees again though. Good luck.

[cbro20 53]

I don't see how we're lucky. Why would they accept the I-485 at all if they weren't going to process it pursuant to the version that was accepted? I would have preferred them to reject the forms initially, like many others were rejected during that time, then at least we would had filed the "correct" version by now.

[Quarknase 1,072]

5 minutes ago, cbro20 said:

I don't see how we're lucky. Why would they accept the I-485 at all if they weren't going to process it pursuant to the version that was accepted? I would have preferred them to reject the forms initially, like many others were rejected during that time, then at least we would had filed the "correct" version by now.

Depends if you want to look at glass half full or half empty.

Half full: a rejection would have resulted in a later PD which results in a later approval. Your case is already in the queue, with a PD. Just send them what they’re asking and processing will continue

[NancyNguyen 1,658]

11 minutes ago, cbro20 said:

I don't see how we're lucky. Why would they accept the I-485 at all if they weren't going to process it pursuant to the version that was accepted? I would have preferred them to reject the forms initially, like many others were rejected during that time, then at least we would had filed the "correct" version by now.

Denial = your fee is forfeited, it is different than rejection. They can deny your application straight without issueing you a RFE.

[cbro20 53]

Ah, I get what you guys are saying. Still doesn’t make sense to me, though, why our forms were initially accepted, then. Guess we lucked out to get a RFE. How much does the Declaration of Self Sufficiency suck? Do we need to submit all new documents with the updated I-485 (I.e. marriage certificate, passport photos, etc).

[NancyNguyen 1,658]

38 minutes ago, cbro20 said:

Ah, I get what you guys are saying. Still doesn’t make sense to me, though, why our forms were initially accepted, then. Guess we lucked out to get a RFE. How much does the Declaration of Self Sufficiency suck? Do we need to submit all new documents with the updated I-485 (I.e. marriage certificate, passport photos, etc).

No need to send evidences, you need a current I-485 and I-944 form with it. And yes, I-944 sucks.

Edited June 15, 2020 by NancyNguyen

[Allaboutwaiting 2,503]

37 minutes ago, cbro20 said:

Ah, I get what you guys are saying. Still doesn’t make sense to me, though, why our forms were initially accepted, then. Guess we lucked out to get a RFE. How much does the Declaration of Self Sufficiency suck? Do we need to submit all new documents with the updated I-485 (I.e. marriage certificate, passport photos, etc).

The people that sort out documents when a packet arrives are contractors, the ones that issue RFE's are immigration officers that check the packet thoroughly. And even then, they make mistakes. Therefore the inconsistencies.

 

If the RFE just asks for a new I-485 and the I-944, just send that. And DO NOT forget to include the actual RFE letter. 

Btw, photocopy or take a picture of the RFE letter to keep in your files. 

Edited June 15, 2020 by Allaboutwaiting

[cbro20 53]

Just now, NancyNguyen said:

No, you need a current I-485 and I-944 form with it. And yes, I-944 sucks.

 

Yes, I understand that the current (see "updated" in reply above) I-485 and I-944 is needed, under wording of RFE. What I don't understand is whether those documents (e.g. NOA2 for K1 visa) are needed. I'm assuming you meant "no" in response to that portion of the question, but can't tell. 

[cbro20 53]

1 minute ago, Allaboutwaiting said:

The people that sort out documents when a packet arrives are contractors, the ones that issue RFE's are immigration officers that check the packet thoroughly. And even then, they make mistakes. Therefore the inconsistencies.

 

If the RFE just asks for a new I-485 and the I-944, just send that. And DO NOT forget to include the actual RFE letter. 

Btw, photocopy or take a picture of the RFE letter to keep in your files. 

 

My wife is here on K1, so doesn't have a lot of the financial information sought by the I-944. And I just started working in the U.S. in January (making above poverty level). Will that be an issue? My previous years' tax returns don't show an income above poverty level, as I was in school and working outside the U.S. We filled out affidavit of support with a joint sponsor just to be safe, when we sent in initial I-485.

[Allaboutwaiting 2,503]

7 minutes ago, cbro20 said:

 

My wife is here on K1, so doesn't have a lot of the financial information sought by the I-944. And I just started working in the U.S. in January (making above poverty level). Will that be an issue? My previous years' tax returns don't show an income above poverty level, as I was in school and working outside the U.S. We filled out affidavit of support with a joint sponsor just to be safe, when we sent in initial I-485.

As you know, the self sufficiency form was implemented to establish inadmissibility on public charge grounds. To adjudicate, they take in account several factors -not just current income-.

If you want to go in depth, read the detailed rule here:

https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds

[Mussman 4]

This i944 shouldn’t be a problem I just filled mine recently and it has been accepted, so just file it with the necessary documents and send. Don’t think about the financial aspect of it , just get a house hold sponsor and file again

[cbro20 53]

Just now, Mussman said:

This i944 shouldn’t be a problem I just filled mine recently and it has been accepted, so just file it with the necessary documents and send. Don’t think about the financial aspect of it , just get a house hold sponsor and file again

The sponsor already filled out an Affidavit of Support for my wife (the applicant). The RFE only requested the I-944 and current I-485. What else would our joint sponsor need to do?