RFE on parents request

[nl22 0]

(I am hoping to be posting this entrance in the right forum, if not please tell me where to post it. thank you)

 

Hello. I am a 22 yr old US citizen who lived abroad most of my life. I relocated to the US last Oct 2020 because I´ve got a job as a server in a restaurants. This past March 2021, my parents came to visit me and had to stay longer than planned because their country of residence had strong restrictions of entrance for everybody, including nationals, due to Covid. After three months, last June 2021, they decided to apply for a Green Card under my sponsorship. We quickly prepared the package and sent it to USCIS under the advice of a lawyer. My tax return for 2020 did not show enough income ($5.4k) but I submitted a bank statement with money in a savings account that I share with my parents ($60 K balance) I also attached a note stating that at the time of the interview I would be making enough money to be over the 125% poverty line with a letter of my employer. We received an RFE 10 days ago requesting for a joint sponsor since they could not determine that I qualify.

 

Now the situation is this: a) I cannot get a joint sponsor, b) the RFE was issued on September 16, 2021 but based on a "news alert" from USCIS dated June 24, 2021 I understand that I can extend the RFE deadline (December 12, 2021) for 60 more days, c) this would allow me to get to the end of the year, get a W2 for 2021 with $40k income, and file for taxes at the earliest in 2022 to show that I am over the 125% poverty line. This would be my best reply to USCIS before the February 12, 2021 extended deadline (based on what I read in the news alert).

 

My questions are:

1) WOULD THIS BE ENOUGH OR AM I HEADING TO A DENIAL ANYWAYS?,

2) ARE MY PARENTS AT ANY TIME RISK OF BECOMING ILLEGAL ALIENS? (they don´t want to take this risk at any time),

3) WHAT WOULD IT BE THE BESTADVICE YOU MAY HAVE REGARDING THIS SITUATION PLEASE?  Also, please keep in mind that I filed for them in two separate filings. -------

 

Thank you so much for your help and response!. I am desperate about this situtation.

 

 

[tsabbas 47]

While the most recent tax return is required, the concern is actually your annual income. If all you sent before was the 2020 tax return, that is not enough to verify this year's expected income and is probably why you got the RFE.

 

I would suggest responding to the RFE by completing a new I-864 listing your current annual income and provide your last few month's pay stubs. The most recent should show your current year-to-date income which by this time should be about $30,000 if you're expecting $40,000 for the year. Highlight the pay date and year-to-date income. I would also include an employment verification letter showing your pay rate, start date, and that the employment is expected to continue. This should be enough to verify that your income is sufficient.

 

Hope that helps!

 

 

 

[nl22 0]

On 9/27/2021 at 12:36 AM, tsabbas said:

While the most recent tax return is required, the concern is actually your annual income. If all you sent before was the 2020 tax return, that is not enough to verify this year's expected income and is probably why you got the RFE.

 

I would suggest responding to the RFE by completing a new I-864 listing your current annual income and provide your last few month's pay stubs. The most recent should show your current year-to-date income which by this time should be about $30,000 if you're expecting $40,000 for the year. Highlight the pay date and year-to-date income. I would also include an employment verification letter showing your pay rate, start date, and that the employment is expected to continue. This should be enough to verify that your income is sufficient.

 

Hope that helps!

 

 

 

Thank you very much for your sugestion. I was thinking that, if I use the current 60 day extension allowed by USCIS, maybe I could reply early in January (past the original 12/12/2021 deadline but in advance of the extended 2/12/2021 date) with income taxes filed for 2021. Any thoughts on this would really help me.

Also, if the RFE is denied, do my parents have a few hours to depart before becoming illegal? or as soon as it is denied, they become illegal?

 

Thank you so much for your kind reply Tsabbas.