"new" guidelines rules for I-864, not being followed by USCIS?

[Donal78 0]

Received an RFE for taxes and W-2. I sent copies of the tax reports and copies of I-99 not W-2, because I am not employed, I am retired.

In less than two weeks we received the permanent green card from the CSC. no interviews and no conditional card.

Just send what they want and pray!!!

Congrats, i was sent the same type of RFE as well.We sent them back over 50 pages of tax documents plus employment stuff. My AP was approved a week after they received the information back. I am hoping since my AP was approved and i got it today that i should get my interview letter and EAD soon now.

[M. 0]

My RFE arrived today. Looks like the person handling my case is following the rules, but I screwed up.

Essentially, here's what I sent in for the I-864 & I-864A

I-864: Affidavit of Support with Supporting Documentation

• I-864: Affidavit of Support for David (w/me as the sponsor)
  
• Letter of Employment stating my employment and salary
  
• 2005 Income Tax form 1040EZ and supporting W-2
  
• 2004 Income Tax form 1040A and supporting documentation (W-2s and 1098-T)
  
• 2003 Income Tax form 1040A and supporting documentation (W-2s and 1098-T)
  
• Statement of Earnings from my current employer (pay stubs) from 3-04 (first pay at new job) to present
  
• Statement of Earnings from my prior employer/second job (January -June 2006) in maiden name
  
• Bank statements for my savings and checking accounts (in maiden name) from January - Present
  

I-864A: Supplemental Affidavit of Support from Co-Sponsor/Household Member with Supporting Documentation

• I-864A: Supplemental Affidavit of Support from Co-Sponsor/Household Member (My Dad)
  
• Letter of Employment
  
• 2005 Income Tax 1040 (photocopy 2 pgs) with supporting documentation (W-2s, Intrest stmts, 1099-INT, etc)
  

The two RFEs received today were:

For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work. Submit one of the following for household member listed on Form I-864 Affidavit of Support or on Form I-864A Contract Between Sponsor and Household Member:

• A copy of Certificate of Citizenship
  
• A copy of the biographical information page of the US Passport
  
• A copy of a birth certificate issued by the proper civil authority showing birth in the United States
  (etc.)
  

If the household member's income cannot be used, you must obtain one joint sponsor whose household income meets or exceeds $125% of the federal poverty line for the joint sponsor's household size. If required, the joint sponsor must submit the documents listed below and a completed and signed Form I-864 Affidavit of Support.

(list of documents for I-864)

Seems fairly straight-forward: I didn't send in any biographical data on my father, and while they probably still have mine from the K-1 visa or from the official marriage certificate or some other way (I didn't submit anything, but I haven't gotten an RFE asking for any proof of my citizenship, and I didn't see any on the checklist) so I should be able to photocopy his passport and that would do.

But, here's the other RFE:

We are unable to determine if your household income meets or exceeds 125% of the federal poverty line for the household size claimed on Form I-864 based on the documents submitted with Form I-64 and Form I-864A Contract Between Sponsor and Household Member. Submit proof that the petitioner's household income meets or exceeds 125% of the federal poverty line.

If the peteitioner's household income (including qualifying household member's income) does not meet or exceed 125% of the federal poverty line, you must obtain one joint sponsor whose household income meets or exceeds $125% of the federal poverty line for the joint sponsor's household size. If required, the joint sponsor must submit the documents listed below and a completed and signed Form I-864 Affidavit of Support.

(list of documents for I-864).

Now, my dilema is this: did I receive the second RFE as an either/or, which is to say "Either prove your household member is a citizen/legal immigrant or find a joint sponsor"? Or, are they saying, "We need proof that the co-sponsor is a citizen/legal immigrant *and* you need to fill out the I-864, not the I-864A"?

It's just slightly confusing. I figure it's an either/or to cover their butts, so that if I cannot prove my co-sponsor is legal (which he is -- born and raised here and all) then I'd better do what the other says, but I was wondering if anyone else has an opinion on this.

Over all, it seems to be following the new guidelines, however, which is good. Maybe so many RFEs are going out over the I-864s not because they're following the old rules but because the legislature is pressuring them to make sure immigrants don't end up on "the system" and are self-sustained? *shrugs* I don't know. It all ties into politics, and trying to find the internal logic within politics (other than things are bound to be screwy: it's an election year!) would make my head spin!

[shermike 1]

We have an RFE coming in the mail and submitted the new form with 3 yrs tax returns for my cosponsor (and 1 for me) and nothing else (then again, nothing else was required), so I'll let you know if they messed me up too.

Sent my I-864 with only copy of latest tax return. So far no RFE's for other years.

Good Luck.

[Miranda&James 8]

Sorry to drag this topic up again but since I replied in it earlier I thought I'd add on to what I said. Our RFE was for W-2s, tax transcripts, 1099's, employer letter, and proof of sponsors/cosponsors citizenship. Now I've got questions....

My father is my cosponsor and I have no idea what all the tax stuff is (he does my taxes) so I'm really hoping what he gave me is the correct stuff for both he and I. They're copies though of his originals, is that ok? I didn't see anything on there about having to be originals and frankly we don't have time to wait around to order them, James needs a job SOON.

Also, my dad made color copies of both of our birth certificates but he didn't copy the back (which is blank), are we going to get another dumbass RFE for the back of them? I might put a stickynote on saying the backs are blank.

Thirdly, the letter says something like submit the evidence for the sponsor or cosponsor. Well, I'm planning on sending it for both of us but since my info doesn't really even matter (I don't make nearly enough money) is my dads info really all they want? I'm just curious.

Lastly, when I submitted my original I-864 our office was in another building under another name, should I submit an addendum saying that my employer is now named ____ and we are located at ____? I really appreciate any help, I'm seriously freaking out about all this. I swear if we have to do biometrics a third time I'm calling a congressman or senator or the president!

[Miranda&James 8]

anyone?

[am1996 0]

Just when I thought my EAD was coming soon... I received a Request for Initial Evidence (I-485) for the I-864 just ten minutes ago!

Immediately I looked up Title 8, Code of Federal REgulations, Section 103.2(B)(10)(ii), which makes me ineligible for interim employment authorization UNTIL NINEY DAYS AFTER THE MISSING INITIAL EVIDENCE IS RECEIVED. The legal reasoning I get, but not the 'until 90 days after' part.

I think that I did follow the new USCIS guidelines about submitting federal income tax returns, etc... for my sponsor and co-sponsor, and I have apparently fallen into the same hole as many of you.

What confuses me now is the part that says I am "ineligible for interim employment authorization until ninety days after the missing initial evidence is received." So this means that my EAD cannot even be processed until 3 months after I submit what they want???

Has this happened to anyone else who was hoping to receive his/her EAD soon? It would be great to hear your experience!

Best wishes to everyone,

Gina

I am quite late to this thread but I wanted to clarify the answer to your question. First, to give you some background, under 8 CFR 274a.13(d) USCIS has 90 days from the date of their receipt of the application to issue you an employment authorization (there are a few categories of immigrants to whom the 90 day rule does not apply). USCIS' failure to comply with the 90 day requirement results in the automatic grant of an employment authorization for a period not to exceed 240 days.

Now, in the event that your employment authorization application is missing required INITIAL evidence, under 8 CFR 102.2 ( B )(10) the 90-day countdown does not start until USCIS receives that evidence.

Now, if your application is missing anything OTHER than the required initial evidence or if USCIS requests ADDITIONAL evidence, then the countdown clock is simply suspended until USCIS receives such evidence.

To illustrate, if your employment authorization petition has been with USCIS for 20 days, then USCIS requests additional evidence of your eligibility, USCIS will have 70 days to finish processing the application after USCIS receives the evidence. Now, under the same scenario, if the required INITIAL evidence was missing, USCIS would have the full 90 days after you submit such initial evidence to finish processing your application.

[am1996 0]

Yes, the rule is you EAD goes on hold for 90 days after they recieve the RFE. However the reality is that many people's EAD gets processed quickly after the RFE, as such that they still get them around 90 days after NOA1. Also some have reported success getting an interim EAD 90 days after NOA1, despite the RFE.

Not quite. As I mentioned above, the EAD application only goes on HOLD (meaning the 90 day countdown is suspended) if USCIS needs anything OTHER than the required initial evidence. The hold time is not 90 days -- instead, it is the amount of time it takes you to submit the evidence to USCIS and for USCIS to acknowledge the receipt of the evidence (you have a maximum of 90 days to do so, however). So, if USCIS requests additional evidence, you immediately submit it to them and USCIS immediately acknowledges it, the hold time will only equal the time that was required by the exercise.

Now, if the required INITIAL evidence is missing, then the countdown clock does not start until USCIS receives such evidence.

[sarah and hicham 3]

I have a question. I was going to do the I-864 EZ but it said it was not for joint sponsors so I was just going to submit the I-864 for myself and one for my brother who is our co sponsor. Is that right?

[am1996 0]

bump for an interesting thread

[sharky 2]

Sorry to drag this topic up again but since I replied in it earlier I thought I'd add on to what I said. Our RFE was for W-2s, tax transcripts, 1099's, employer letter, and proof of sponsors/cosponsors citizenship. Now I've got questions....

My father is my cosponsor and I have no idea what all the tax stuff is (he does my taxes) so I'm really hoping what he gave me is the correct stuff for both he and I. They're copies though of his originals, is that ok? I didn't see anything on there about having to be originals and frankly we don't have time to wait around to order them, James needs a job SOON.

Also, my dad made color copies of both of our birth certificates but he didn't copy the back (which is blank), are we going to get another dumbass RFE for the back of them? I might put a stickynote on saying the backs are blank.

Thirdly, the letter says something like submit the evidence for the sponsor or cosponsor. Well, I'm planning on sending it for both of us but since my info doesn't really even matter (I don't make nearly enough money) is my dads info really all they want? I'm just curious.

Lastly, when I submitted my original I-864 our office was in another building under another name, should I submit an addendum saying that my employer is now named ____ and we are located at ____? I really appreciate any help, I'm seriously freaking out about all this. I swear if we have to do biometrics a third time I'm calling a congressman or senator or the president!

JamesMiranda,

I sympathize and share your frustration. It seems that you may have had something similar to what we got. We also were fooled by the new guidelines and sent in the minimal evidence for the co-sponsor, my wife's mother (I am the UKC).

The RFE we got requested we send in the 1040, W-2 for the co-sponsor (nothing needed for my wife by the way) (we had done that originally so we sent it again), BUT also we got the IRS transcripts for her aswell (had to wait about 10 days for them) and sent them in too. As far as proving she is a US citizen, a copy of the biographics page (?) on the passport should be ok. I also (however) sent them a copy (front and back of the birth cert., even though they didn't request it!).

Primarily our RFE was mainly down to more proof of employment, wage stubbs and employer letter, but if I recall isn't your co-sponsor retired now? if not then send in all you can with regards to this..

I'm not sure about your last question.......

I hope some of this helps....... I know you don't want to get a bloody another RFE, that would totally suck!!

[Miranda&James 8]

Sorry to drag this topic up again but since I replied in it earlier I thought I'd add on to what I said. Our RFE was for W-2s, tax transcripts, 1099's, employer letter, and proof of sponsors/cosponsors citizenship. Now I've got questions....

My father is my cosponsor and I have no idea what all the tax stuff is (he does my taxes) so I'm really hoping what he gave me is the correct stuff for both he and I. They're copies though of his originals, is that ok? I didn't see anything on there about having to be originals and frankly we don't have time to wait around to order them, James needs a job SOON.

Also, my dad made color copies of both of our birth certificates but he didn't copy the back (which is blank), are we going to get another dumbass RFE for the back of them? I might put a stickynote on saying the backs are blank.

Thirdly, the letter says something like submit the evidence for the sponsor or cosponsor. Well, I'm planning on sending it for both of us but since my info doesn't really even matter (I don't make nearly enough money) is my dads info really all they want? I'm just curious.

Lastly, when I submitted my original I-864 our office was in another building under another name, should I submit an addendum saying that my employer is now named ____ and we are located at ____? I really appreciate any help, I'm seriously freaking out about all this. I swear if we have to do biometrics a third time I'm calling a congressman or senator or the president!

JamesMiranda,

I sympathize and share your frustration. It seems that you may have had something similar to what we got. We also were fooled by the new guidelines and sent in the minimal evidence for the co-sponsor, my wife's mother (I am the UKC).

The RFE we got requested we send in the 1040, W-2 for the co-sponsor (nothing needed for my wife by the way) (we had done that originally so we sent it again), BUT also we got the IRS transcripts for her aswell (had to wait about 10 days for them) and sent them in too. As far as proving she is a US citizen, a copy of the biographics page (?) on the passport should be ok. I also (however) sent them a copy (front and back of the birth cert., even though they didn't request it!).

Primarily our RFE was mainly down to more proof of employment, wage stubbs and employer letter, but if I recall isn't your co-sponsor retired now? if not then send in all you can with regards to this..

I'm not sure about your last question.......

I hope some of this helps....... I know you don't want to get a bloody another RFE, that would totally suck!!

No he isn't retired. I doubt my fathers passport is valid, he hasn't been out of the country in a really long time, so I'll just hope the birth cert is alright.