Received RFE but need help!

[sharky 2]

Hi everyone,

well finally yesterday my RFE arrived for my I-485. However I need some help on understanding what exactly they want me to send back. The RFE is with reference to the I-864A. As my wife didn't make enough money last year and we are still residing with her parents, we included an I-864A form for her mother. However the RFE states:

The household member on form I-864 Affidavit of Support/Form I-864A Contract between sponsor and household member must submit the following:

1. Federal income tax returns, W-2s, 1099s, and all schedules submitted to the IRS for the most recent tax year or certified Internal Revenue Service copies.

2. Evidence of current employment or self employment including a letter from each employer on business stationary

3. The household member's current income is being combined with the form I-864 Affidavit of Support sponsor's income to meet or exceed 125% of the poverty line. Submit evidence of the household member's current income. Evidence includes a letter of employment from current employers etc etc...

My questions are this.....

A. does this RFE ask for evidence just for the household member (my wife's mother) and not the main sponsor (my wife)?

B. and the reasons why I did not include this evidence initially???? and this really annoys me.....

well I was following the supposed "new guidelines" posted on VJ that I saw about a month ago:

http://www.visajourney.com/forums/index.ph...c=23173&hl=

in this official document, it clearly states that the only thing you need to sumit is tax returns for initial evidence, so why did I get this RFE?? am I clearly missing something???

any help from all the VJ members would me most helpful because I am completely confused!!

[YuAndDan 153]

Were copies of the co-sponsor's 1040, W2, and if any 1099's sent along with the I-864A.

I would send the new I-864A with copies of tax forms indicated by the I-864A

The RFE may be itemizing the required items from befor the new rules came out, they may have not changed their standard RFE forms yet to reflect the new rules.

[sharky 2]

But that's just the point!!

I DID send copies of the most recent (2005) W-2, and 1040 for the household member (ie. my wife's mother) with the I-864A!!!

That's why I can't understand why I got this RFE??

Surely USCIS can't issue new guidelines, and then have people in Lee's Summitt that are following the "old rules" and sending out RFE's for old rules??

[sharky 2]

Official quotes from the new rules for I-864's documents:

FINAL RULE REGARDING AFFIDAVITS OF SUPPORT Washington, D.C. – U.S. Citizenship and Immigration Services (USCIS) published today in the Federal Register (71 FR 35732) a final rule regarding Affidavits of Support (Form I-864). Affidavits of Support are submitted by sponsors on behalf of most family-based and some employment-based immigrants. The final rule responds to public comments to an interim rule published by the former Immigration and Naturalization Service on October 20, 1997 in the Federal Register at 62 FR 54346. The final rule makes the Affidavit of Support process less burdensome for sponsors while continuing to ensure that each intending immigrant has a sponsor who has sufficient income and/or assets to support the immigrant(s). The Affidavit of Support also allows the sponsored intending immigrant to establish that he or she is not likely to become a public charge (e.g., receive certain federal or state means-tested benefits). This final rule takes effect July 21, 2006. It will apply to any application for an immigrant visa or adjustment of status that is decided on or after July 21, 2006 even if the case was filed before July 21, 2006.

Highlights From the Final Rule

Reduces required initial documentation: Each sponsor is now required to submit as initial evidence only his or her single most recent tax return rather than tax returns from the three most recent federal tax returns, pay stub(s) covering the most recent six months, and an employer letter.

can anyone shed any light on my case? I just don't understand this at all?!!

[sharky 2]

Hello VJ members,

Well it's been a few hours since my original posting and no replies, so I guess I'm gonna have to submit the documentation either way.

Can I just ask about submitting proof of employment with the I-864a, I already have one extra doc from the original K1 application dated January 2006, will this suffice? or will I have to get another more up-to-date letter from my wife's mother's employers?

I guess I will also have to get the last 6 months pay stubbs from my wife's mother and re-submit copies of the original W2's and 1040's that I have already sent......

a little frustrated here.........

[Canuck Carrie 1]

But that's just the point!!

I DID send copies of the most recent (2005) W-2, and 1040 for the household member (ie. my wife's mother) with the I-864A!!!

That's why I can't understand why I got this RFE??

Surely USCIS can't issue new guidelines, and then have people in Lee's Summitt that are following the "old rules" and sending out RFE's for old rules??

Documents get lost/seperated/misplaced all the time, lots of people are asked to submit something they already have.

[sharky 2]

I understand Cannuck, but what frustrates me is that I followed the new guidlines that states you only need to submit the W2's and 1040's for evidence and nothing else! yet they are asking for docs from the old guidelines!

[Canuck Carrie 1]

Maybe the story the docs are telling aren't clear to them? I too submitted W2s etc... only to get an RFE, I sent IRS transcripts and that made them happy.

[sharky 2]

OK now you're really confusing me!

aren't IRS transcripts 1040 forms???

or are you saying that I now will have to get my wife's mother to fill out a 4506-T (requesting a transcript) aswell as submitting W2's and 1040 forms?

god my head

[Canuck Carrie 1]

Sorry, I'm the foreigner and don't understand all the form #'s so I might say the wrong ones. I sent in my hubby's W2's and tax returns for the past 3 years, I included paystubs and an employment letter. We received a RFE to prove his income, we ordered IRS transcripts (for free, you can call them) I sent those in and it made them happy.

I believe if your MiL filed jointly with someone she will have to include her W2s, if she filed single her transcripts will suffice.

[sharky 2]

Hi Canuck,

Yeah I've just googled IRS transcripts, and it isn't a 1040 form, that's an IRS tax return form. So now I'll have to get my MIL to phone them up and wait for them to come in the post. At least they are only asking for the most recent year, and not the last three years.

Anyone care to help on whether I can use a letter of employment dated January, 2006 for proof of income for my MIL???

too dated, or will it suffice?

[rebeccajo 14]

The problem here is your wife's mother should have completed an entirely separate I-864.

[Patricia_and_andy 0]

The problem here is your wife's mother should have completed an entirely separate I-864.

I agree with Rebecca and I might add...make sure (if you didn't do so already) you send a copy of your MIL's birth cert. proving her citizenship or you may have another REF on your hands,

Patricia

[sharky 2]

I'm sorry guys but I have to disagree with you here! If we weren't living at the same address then sure my MIL would have filled in an I-864, BUT WE ARE, and therefore according to all the rules and guidelines posted on VJ and the USCIS government site she should have filled out and I-864A, which we did.......

throughout this process we made sure that we followed the most RECENT guidelines that were relevent to us............. that is why I am p*ssed off!

[KarenCee 3]

Y'know, rather than get so p*ssed off and upset, why not just DO what they're asking and SEND what they want. My husband and I are fixing to get an RFE too, and I sent them everything imaginable...and believe me, whatever it is they're asking for, we're going to send it...regardless of the fact that they probably already have it.