Biometric appointment scheduled, still have to respond to RFE?

[Eidbanger 5]

July 24, 2021 Biometrics Appointment Was Scheduled

July 14, 2021 We sent a request for initial evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status.

July 9, 2021 We received your Form I-485, Application to Register Permanent Residence or Adjust Status, and sent you a receipt notice.

Do I still have to respond to the RFE if the biometric appointment was scheduled? 

What is weird, the RFE I received is pretty much the generic one as if I did not submit an I-864. Which I did, with all tax documents, W-2s, proof of citizenship, etc. I don't know what I did wrong, so I'm just going to complete the form again and submit. Having some trouble submitted the evidence online tho, keeps saying try again in a couple minutes. Any advices?

[Chancy 6,239]

9 minutes ago, Eidbanger said:

Do I still have to respond to the RFE if the biometric appointment was scheduled? 

 

Absolutely.  Always respond to an RFE (or RFIE in your case) even if you think it was sent in error.  You do not want to give USCIS any reason to deny your application due to failure to respond to an RFE.

 

[powerpuff 6,446]

RFE and biometrics are mutually exclusive events, so yes, you will have to respond to the RFE. Maybe they misplaced or lost I-864 and supporting docs. I believe submitting the evidence online is only if you file your case online as well. Which isn't available for I-485 so you will have to physically mail it back.

[TurtleMoss 17]

Yes, always respond and provide what they ask, even though you provided it in your original package. In 2016, during AOS, they seemed to have lost our tax documents and we received a RFIE. We complied, mailed them copies again and all was good. 

[Eidbanger 5]

Is it normal for AOS RFE to be so general? I am 100% sure I submitted a I-864 with the AOS package. 

[nastra30 2,228]

19 hours ago, Eidbanger said:

Do I still have to respond to the RFE if the biometric appointment was scheduled?

Yes

[Chancy 6,239]

18 hours ago, Eidbanger said:

Is it normal for AOS RFE to be so general? I am 100% sure I submitted a I-864 with the AOS package. 

 

It's possible that USCIS just misplaced your I-864 form.  Could you post a picture of the actual RFE letter here with all your personal information and case numbers redacted?

 

Edited July 29, 2021 by Chancy

[Eidbanger 5]

Here it is. I'll be sending in the i846 by courier.

[Chancy 6,239]

1 hour ago, Eidbanger said:

Here it is. I'll be sending in the i846 by courier.

 

Thank you for posting the RFE.  It clearly indicates that USCIS did not misplace the I-864.  Based on the I-864 that you submitted and that USCIS reviewed, they are not able to determine if the petitioner is qualified to sponsor.  This usually means that their current income listed in the I-864 does not meet the minimum requirement for sponsorship.  To check, please answer --

• What is your household size?  (Part 5, Item 8 of the I-864)
• What is the petitioner's current annual income?  (Part 6, Items 7 & 20 of the I-864)
• What documents did you submit as evidence of current income?

Note that tax returns are evidence of past income.  Examples of evidence of current income for those who are not self-employed would be recent paystubs or an employment letter listing annual salary.

 

Tax paperwork is a separate requirement from current income.  If you submitted the W2, did you also submit the 1040 and all other schedules?  For your RFE response, I highly recommend sending the petitioner's IRS tax return transcripts.  Return transcripts can be downloaded directly from the IRS.gov website.

 

Edited July 29, 2021 by Chancy
typo

[Eidbanger 5]

57 minutes ago, Chancy said:

 

• What is your household size?  (Part 5, Item 8 of the I-864)
• What is the petitioner's current annual income?  (Part 6, Items 7 & 20 of the I-864)
• What documents did you submit as evidence of current income?

Household size = 2 (myself and spouse I am sponsoring)
Income = >100k

Documents = Tax Return 1040 form and all worksheets/schedules used, all W-2s, 1099s, etc.

I submitted 6 of my most recent paystubs as proof of current income and a letter from the employer indicating employment and current salary. 

[Letspaintcookies 2,291]

Do you have a copy of the I-864 you sent in? It could be as simple as that you forgot to sign it or forgot to fill out one line. 

It's still possible that they misplaced a part of your tax return that's why transcripts are the better way to go. Less paper and easier to read.

 

It is annoying that they send the generic letters instead of just saying what the problem exactly is but that's how it is unfortunately.