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Filed: Timeline
Posted

Hello

I sent my application in october then this moth i received a letter from the uscis, i'm not going to write everything but this is what basically says:

Request for Initial Evidence (i-485)

You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii) until ninety (90) days after missing initial evidence is received.

F (10) form I-864 Affidavit Support was submitted; however, it was not from the petitioner/sponsor.

In order to process your application further, submit a completed and signed Form I-864 for the petitioner/sponsor listed on form I-130 or form I-129F.

I (27) The joint sponsor on Form I-864, Affidavit of Support, must be a United States Citizen, United States National, or Lawful permanent resident of the United States.

In order to process your application further, submit evidence of the joint sponsor's status.

My question is that i thought that my wife couldn't make the affidavit of support because she started working this year, so basically i thought that she did not acomplish the requirements needed for the affidavit of support.

The person who made the affidavit is an us citizen, do i have to send a copy of her passport or a copy of any other her id?

Does my wife have to fill out the i-864 without having the tax returns of the previous years?

Do i have to wait 90 days for the employment authorization starting the date when they receieved the first application or the day they will receive the documents missing?

I will appreciate your help, thank you

Filed: Timeline
Posted
Hello

I sent my application in october then this moth i received a letter from the uscis, i'm not going to write everything but this is what basically says:

Request for Initial Evidence (i-485)

You are ineligible for interim employment authorization pursuant to Title 8, Code of Federal Regulations, Section 103.2(B)(10)(ii) until ninety (90) days after missing initial evidence is received.

F (10) form I-864 Affidavit Support was submitted; however, it was not from the petitioner/sponsor.

In order to process your application further, submit a completed and signed Form I-864 for the petitioner/sponsor listed on form I-130 or form I-129F.

I (27) The joint sponsor on Form I-864, Affidavit of Support, must be a United States Citizen, United States National, or Lawful permanent resident of the United States.

In order to process your application further, submit evidence of the joint sponsor's status.

My question is that i thought that my wife couldn't make the affidavit of support because she started working this year, so basically i thought that she did not acomplish the requirements needed for the affidavit of support.

The person who made the affidavit is an us citizen, do i have to send a copy of her passport or a copy of any other her id?

Does my wife have to fill out the i-864 without having the tax returns of the previous years?

Do i have to wait 90 days for the employment authorization starting the date when they receieved the first application or the day they will receive the documents missing?

I will appreciate your help, thank you

Even if your wife does not have a job or is unable to meet the financial requirements, she has to submit her own I-864 since she is the petitioner.

As for the joint sponsor, you need to provide proof of citizenship (I think it's birth certificate in the case of joint sponsors)

As per the EAD, I think it will be processed after you submit the documents, but I could be wrong.

Posted

The first part is standard RFE boilerplate for 'we can't process this until we get the information we need to determine whether you're eligible.' Once you return what they ask for, they'll resume processing.

Your wife must be the sponsor, even if she doesn't meet the requirements, since this is a marriage-based petition. The joint sponsor, which you have lined up, will take care of the income requirement, but your wife still has to file the I-864, even if it's just to say 'nope, no income'. Your joint sponsor's affidavit needs to prove citizenship, so get a photocopy of their birth certificate.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

  • 3 weeks later...
Filed: AOS (pnd) Country: Philippines
Timeline
Posted

i had my biometrics for I-485 and EAD last nov 29 and i got my in my RFE1 around that time asking for my medical and affidavit of support. in the pink slip they gave me it indicated that i would be ineligible for interim employment within 90 days after they received my RFE response, like yours. i mailed in the reqd docs and touched dec 21 but only for my AOS. my EAD application status did not change yet. does this mean they will only send me EAD 90 days after dec 21? please enlighten me im like so bummed out and bored bec i dont have a job and all i do is stay at home and get fat. i d am hoping the rest of my married life wont be like this. hehe thanks and merry christmas everyone!

DON & SADIE

our story, basically (from Celine Dion's song:

Don't know much about your life.

Don't know much about your world, but

Don't want to be alone tonight,

On this planet they call earth.

You don't know about my past, and

I don't have a future figured out.

And maybe this is going too fast.

And maybe it's not meant to last,

But what do you say to taking chances,

What do you say to jumping off the edge?

Never knowing if there's solid ground below

Or hand to hold, or hell to pay,

What do you say,

What do you say?

Oh yeah it is love at first sight.

so far, our sweet and short timeline:

10/29 I-130, I-485, I-765 sent

11/06 I-130, I-485 and I-765 touched

11/07 checks cashed

11/09 NOA1 for I-485, I-765 and I-130

11/29 Biometrics

11/18 RFE1

12/18 Mailed response to RFE1

12/21 I-485 touched

01/23 I-765 touched

01/31 EAD card received

now applying for SSN...

  • 3 weeks later...
Posted
The first part is standard RFE boilerplate for 'we can't process this until we get the information we need to determine whether you're eligible.' Once you return what they ask for, they'll resume processing.

Your wife must be the sponsor, even if she doesn't meet the requirements, since this is a marriage-based petition. The joint sponsor, which you have lined up, will take care of the income requirement, but your wife still has to file the I-864, even if it's just to say 'nope, no income'. Your joint sponsor's affidavit needs to prove citizenship, so get a photocopy of their birth certificate.

Does it HAVE to be a Birth Certificate.... cos i only have my joint-sponsor and my wife's passport copies for the I864????

Also, my wife makes plenty of money to support us both, but no tax returns (only just started working in July)... joint sponsor makes just on the 100% poverty line, but fantastic Tax returns for the past 3 years.

Does this sound alright?? Both seem to have good sides and bad sides!

 
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