RFE received - looking for advice

[Aoife&Cam 11]

Hi everyone,

My husband and I filed the AOS package on the 2nd March with NOA1 being received ( 10th of March) and my biometrics appointment is scheduled also. I set up my uscis online account and unfortunately seen I had received an RFE. This is the RFE that I received. I would appreciate if I could get advice on submitting our RFE. I have asked number questions relating to each RFE that I would like advice on.

Why We Are Writing You
On March 2, 2022, you submitted your Form I-485. We are writing to inform you that we need more information from
you to make a decision on your case. Please read this letter carefully and follow all of the instructions below.
What You Need To Do
You must provide the following information in order for us to make a final decision on your case. Please include a
copy of ALL pages of this letter with your response.
You have submitted Form I-864, Affidavit of Support, from the petitioning sponsor, (removed) We are unable to process the I-864 because it has one or more deficiencies. In order for us to
process your application further, you must:

Q1 :

• Submit a completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All

pages must be present and of the latest edition date.

• Provide the petitioning sponsor's Social Security Number on Form I-864.
• Provide a complete and correctly calculated household size for the petitioning sponsor on Form I-864.
• Submit a complete copy of the petitioning sponsor’s Federal income tax return, including all supporting

tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return, for the most recent tax
year.

The petitioning sponsor, (Removed)on Form I-864, Affidavit of Support, must be a United
States citizen, United States National, or Lawful Permanent Resident of the United States. Submit evidence of
the petitioning sponsor’s status.
Evidence may include:

Q2:

• Birth certificate issued by a civil authority showing birth in the United States (must be a long-form birth
• certificate which lists at least one parent's name)
• Puerto Rican birth certificate (must have been issued on or after July 1, 2010)
• Biographical page of unexpired United States passport
• Certificate of Naturalization
• Certificate of Citizenship
• Department of State Form FS-240 (Report of Birth Abroad of a United States Citizen)
• Copy of Form I-551, Permanent Resident Card

Q3:

• Submit a copy of the marriage certificate between the K-1 applicant and the I-129F petitioner showing the date of the marriage within 90 days of the K-1’s arrival into the United States. The marriage certificate must be issued by the government agency authorized to issue the document. For immigration purposes, the marriage must have been registered with the government agency authorized to register marriages from the location where the marriage took place. The marriage certificate must have the seal of the issuing office, the date of registration, and signature of the registrar. Any foreign language documents must be accompanied by a complete English translation. 

 

Q1 :  Here is the checklist for our I 864 form 

 Form G1145 E-Notification of application/petition acceptance

Copy of federal income tax transcripts for 2020, 2019, 2018

Employment Certificate

Copy of pay stubs from previous six months

Copy of sponsors bank statement

Copy of sponsors stock ownership and value

Copy of U.S. spouse passport page

Copy of principal immigrants bank statement

We submitted the tax transcripts for 2018, 2019 and 2020 (2020 being the most recent) should we just send the tax return and the documentation such as W2s for 2020? We are using my husbands assets to meet the poverty guidelines. I also included my savings from my foreign bank.

Q2: I submitted both a photocopy of my Husbands passport and a photocopy of his birth certificate. Should I just submitted one and does the birth certificate need to be a certified copy rather than a photocopy?

Q3: I did not submit a copy of the marriage certificate for the I- 864 form ( I thought it was only necessary for I 485, I 765 and I 131. 

 

 

 

 

Edited March 21, 2022 by Ontarkie
attachment removed, personal information showing

[Villanelle 4,122]

Please edit out the names in your post and image. This is for your safety. If you cannot edit it message the mods using the report button on the top of the post and they can do it.

 

 

Anyway what you got is the standard RFE which contains computer generated pre written phrases and is unfortunately unhelpful to figure out what the exact issue is. 

 

First problem many have is regarding household size. If it's just the 2 of you please check you listed household size as 2 and not 3.

 

Next issue would be the numbers on the transcript don't match exactly what you filed out or you entered the wrong number in the wrong place.  3rd issue is related to same. Having self employed income requires different documentation than W2 employee.

 

 

[Ontarkie 14,224]

~~Attachments removed displaying personal information, and post edited to removed personal information. Please do not post any type of personal information on VJ the forums are public and anyone can read them. Some may not have the best intentions. You are welcome to report attachments with all personal information blocked out.~~

[Aoife&Cam 11]

1 hour ago, Villanelle said:

Please edit out the names in your post and image. This is for your safety. If you cannot edit it message the mods using the report button on the top of the post and they can do it.

 

 

Anyway what you got is the standard RFE which contains computer generated pre written phrases and is unfortunately unhelpful to figure out what the exact issue is. 

 

First problem many have is regarding household size. If it's just the 2 of you please check you listed household size as 2 and not 3.

 

Next issue would be the numbers on the transcript don't match exactly what you filed out or you entered the wrong number in the wrong place.  3rd issue is related to same. Having self employed income requires different documentation than W2 employee.

 

 

Thanks, I forgot to block out the names.

Our household size is listed as 2 on the form.

For using my husbands assets, would the number have to match exactly that are on the bank statement versus what is on the form ( May be off by few hundred dollars) ?

Second the figure for the Federal Income tax return for 2020 is drastically different to the current annual household income, does this matter? (Husband returned to school and now only working part time hence the need to use our assets) Should I include my bank savings from my home country, or does it have to be deposited in a USA bank account? 

Is a certified copy of the marriage certificate required for the I 864 form?

Edited March 21, 2022 by Aoife&Cam
Asked extra Q