SECOND initial evidence RFE

[HiSarahJayne 2]

We had an initial evidence RFE 2 weeks ago for a birth certificate and tax documentation for our sponsor. 
 

I sent in all IRS tax documents for this year and the last 3 years for both my husband and our sponsor. I also sent in my full birth certificate with all parents names on, registrar etc. 
 

5 days after they receive it and my case has updated saying they’re sending me ANOTHER request for initial evidence?! First I’m confused as I thought they had to adjudicate based off what we sent as we had one shot with the RFE. I’m utterly confused with what’s going on? Has anyone else experienced this? 

[geowrian 22,338]

Generally they only send an RFE/RFIE for an issue once. Sometimes they'll ask for it again instead of just denying the case. Or it could be for a different issue.

[SalishSea 18,072]

1 hour ago, HiSarahJayne said:

I thought they had to adjudicate based off what we sent as we had one shot with the RFE.

You really don't want them to do this, because if they are sending another RFE it means they don't yet have enough info to approve the petition.  An adjudication based off of what they currently have would be a denial.

[HiSarahJayne 2]

5 minutes ago, Jorgedig said:

You really don't want them to do this, because if they are sending another RFE it means they don't yet have enough info to approve the petition.  An adjudication based off of what they currently have would be a denial.

I’m just confused as they sent us an RFIE 2 weeks ago, we met everything they asked and MORE and now we have another RFIE. An RFIE is requesting evidence we were supposed to supply when we submit the application (from the list of bullet points) Since we sent the remaining items last week how could they need anything else? 

Sorry if you already knew the difference, I’m just baffled as to how they could warrant a further RFIE? I would understand asking for additional info but not more initial info. 

[geowrian 22,338]

It's impossible to know what the new RFIE is for until you get the letter. Only then will you know if it's for the same thing - and possibly what you responded with was not what they needed - or if it's for something else.

Edited July 28, 2020 by geowrian

[Wuozopo 4,293]

5 hours ago, HiSarahJayne said:

We had an initial evidence RFE 2 weeks ago for a birth certificate and tax documentation for our sponsor. 
 

I sent in all IRS tax documents for this year and the last 3 years for both my husband and our sponsor. I also sent in my full birth certificate with all parents names on, registrar etc. 
 

5 days after they receive it and my case has updated saying they’re sending me ANOTHER request for initial evidence?! First I’m confused as I thought they had to adjudicate based off what we sent as we had one shot with the RFE. I’m utterly confused with what’s going on? Has anyone else experienced this? 

If it is about your joint sponsor and his affidavit of support, they need HIS birth certificate (or passport) to prove his US citizenship. Sounds like you sent yours instead. 
 

Also if you sent photocopies of tax returns without the matching W2 (or 1099) wage statements, they will RFE.
 

 Or if your joint sponsor is married and filed a joint tax return, they need proof of his separate income because a tax return lumps it all together. 
 

Any of these sound like why you may have gotten you first RFE wrong?

[HiSarahJayne 2]

36 minutes ago, Wuozopo said:

If it is about your joint sponsor and his affidavit of support, they need HIS birth certificate (or passport) to prove his US citizenship. Sounds like you sent yours instead. 
 

Also if you sent photocopies of tax returns without the matching W2 (or 1099) wage statements, they will RFE.
 

 Or if your joint sponsor is married and filed a joint tax return, they need proof of his separate income because a tax return lumps it all together. 
 

Any of these sound like why you may have gotten you first RFE wrong?

Ahhhh! Thank you so much. We actually forgot

to send my birth certificate with the initial package so just assumed it was that and sent mine. I didn’t even think of his!

 

Also it was filed joint but my husband says it states the Income separately despite filing together? I’m so confused!

[Wuozopo 4,293]

1 minute ago, HiSarahJayne said:

Ahhhh! Thank you so much. We actually forgot

to send my birth certificate with the initial package so just assumed it was that and sent mine. I didn’t even think of his!

 

Also it was filed joint but my husband says it states the Income separately despite filing together? I’m so confused!

The financial sponsor must be a USC or permanent resident. They already know the petitioner is so don’t need a birth certificate with the spouse petitioner I-864. But with a joint sponsor, they don’t know and need proof with the I-864.

 

A joint tax return has a line for “total income” (Line 7b of the 1040) It combines all income for both filers without showing who earned what. Look at a tax return Form 1040.  It doesn’t say his salary/her salary anywhere on the form USCIS will view.  Form 1040 https://www.irs.gov/pub/irs-pdf/f1040.pdf

 

 So on a joint return, USCIS does not know if your sponsor earns enough by himself (or herself). Many people list the spouse of the joint sponsor as a household member (Person 1) on the joint sponsor’s I-864. Then that spouse fills out an I-864a and provides proof she is a USC with a birth certificate as above.  An alternate which I think works and easier is showing clearly that the joint sponsor earns enough. An employer letter addressing his employment and yearly salary would help along with his W2 showing his earnings are enough. I would make note of it where USCIS would notice it. “Proof of joint sponsor’s separate income—-Employer letter, W2. “ 
 

[HiSarahJayne 2]

17 minutes ago, Wuozopo said:

The financial sponsor must be a USC or permanent resident. They already know the petitioner is so don’t need a birth certificate with the spouse petitioner I-864. But with a joint sponsor, they don’t know and need proof with the I-864.

 

A joint tax return has a line for “total income” (Line 7b of the 1040) It combines all income for both filers without showing who earned what. Look at a tax return Form 1040.  It doesn’t say his salary/her salary anywhere on the form USCIS will view.  Form 1040 https://www.irs.gov/pub/irs-pdf/f1040.pdf

 

 So on a joint return, USCIS does not know if your sponsor earns enough by himself (or herself). Many people list the spouse of the joint sponsor as a household member (Person 1) on the joint sponsor’s I-864. Then that spouse fills out an I-864a and provides proof she is a USC with a birth certificate as above.  An alternate which I think works and easier is showing clearly that the joint sponsor earns enough. An employer letter addressing his employment and yearly salary would help along with his W2 showing his earnings are enough. I would make note of it where USCIS would notice it. “Proof of joint sponsor’s separate income—-Employer letter, W2. “ 
 

Thank you again for the help! This makes a lot more sense and is likely the reason.  I will update when we get the letter 😊

[TizEye 0]

Does this sort of tax request happen before or after the interview is scheduled?