Are all USCIS offices as helpless as the one in Detroit Michigan? (RFE related)

[McFly 3]

My wife and I went to the USCIS office in Detroit MI today to get clarification on a Request for Evidence (RFE) notification we just received concerning an Adjustment of Status we recently filed for. The RFE requests for information that we ALREADY submitted in our original package concerning tax forms and supporting documents of the sponsor.

In summary, we filed I-130, I-485 and all required documentation. We put a great deal of time and effort making sure we submitted everything correctly. In our particular case, when we filed I-864 (Affidavit of Support) we listed my income (intending immigrant) as proof of adequate means of financial support (meeting specified guidelines, and with supporting documents) since my wife is a full time graduate student. There was no other sponsor.

Immediately after presenting the RFE to the immigration officer (which she barely looked at), and briefly explaining what I just described above, she condescendingly stated that we needed to supply exactly what was requested in the RFE.

I explained, again, we already did. She barely skimmed through the RFE. And just said to send what was stated in the RFE. I repeated my explanation again. Only then did she seem to understand that I had listed my income as proof of adequate means of financial support. She outright said: “Your income cannot be used for this”. I politely and calmly said that actually, according to the I-864 instructions, my income does qualify as long as I provide the evidence of continuation, and that I have been working legally. To which she continued saying “No, your income cannot be used because you are the intending immigrant. I see this all the time”. This discussion went on for a few minutes until she said: “Just get a sponsor and re-submit”.

I re-phrased my question as to try to get some useful information so I asked: “Could you tell us what could have caused them to send us this RFE? What could have been wrong with what we sent?” (I had a copy of what we had sent) To which her reply was: “I don’t know. Ask THEM.” – I asked – “Them? Aren’t you USCIS?” and she said “Yes but you would have to ask the office that sent you the RFE directly”.

We were dumbfounded by the obvious carelessness and lack of professionalism from this officer. We left feeling like we do not have a choice but to just find a sponsor and just deal with it. What a disappointment.

Has anyone else had a similar experience at other USCIS offices?

[Anh map 2,098]

You've only given part of the info here.

What exactly did the RFE say?

What visa/status are you adjusting from?

What is your source of income? How is it continuing? Etc.

[kzielu 1,149]

To me it's really interesting why you expected detailed answer on your RFE from a person that never seen your petition... I would totally expect that... How could she help if she simply did not know ? Put yourself in her position and think about what you would do having no information to provide...

[Harpa Timsah 13,258]

I imagine you did not send what was needed. Please tell us what you sent. What constitutes a complete tax return is, I think, the most common error. A local office cannot tell the national office to change their mind. Sorry they couldn't be more helpful in explanation. What did you send in, and what does the RFE say?

Edited June 28, 2012 by Harpa Timsah

[McFly 3]

You've only given part of the info here.

What exactly did the RFE say?

What visa/status are you adjusting from?

What is your source of income? How is it continuing? Etc.

RFE said:

Submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the IRS from the petitioner/sponsor on Form I-864, Affidavit of support, for the most recent tax year.

Please submit evidence that the household member on Form I-864… was authorized to work in the United States.

The household member on the petitioner/sponsor’s Form I-864, Affidavit of Support, must submit the Federal Income Tax Return submitted to the IRS for the most recent tax year.

The household member needs to submit all supporting tax documents for the most recent tax year.

H1B, all documentation was provided in the original package, this is straightforward paperwork and I included documentation from current employer explaining continuity of job.

[McFly 3]

To me it's really interesting why you expected detailed answer on your RFE from a person that never seen your petition... I would totally expect that... How could she help if she simply did not know ? Put yourself in her position and think about what you would do having no information to provide...

I expected clarification on a documented emitted by the same office they claim to be a part of, since what they are requesting is exactly what was sent in the first place.

If I was in her position, to begin with I would have read the document the person was giving me, make an effort to understand the case the person is presenting and then provide the answer according to immigration law. I also would have done it in a professional, courteous way.

I imagine you did not send what was needed. Please tell us what you sent. What constitutes a complete tax return is, I think, the most common error. A local office cannot tell the national office to change their mind. Sorry they couldn't be more helpful in explanation. What did you send in, and what does the RFE say?

I sent all of the tax documents including supporting documentation (schedules, etc.) I posted above what the RFE says (which is exactly what we submitted in the first place.

[Harpa Timsah 13,258]

RFE said:

Submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the IRS from the petitioner/sponsor on Form I-864, Affidavit of support, for the most recent tax year.

Please submit evidence that the household member on Form I-864… was authorized to work in the United States.

The household member on the petitioner/sponsor’s Form I-864, Affidavit of Support, must submit the Federal Income Tax Return submitted to the IRS for the most recent tax year.

The household member needs to submit all supporting tax documents for the most recent tax year.

H1B, all documentation was provided in the original package, this is straightforward paperwork and I included documentation from current employer explaining continuity of job.

Okay, good. Did you send in tax return copies or tax transcripts?

Did you send in an extra copy of your H1B?

Did you send paystubs and/or an employment letter for you, the household member?

[McFly 3]

Okay, good. Did you send in tax return copies or tax transcripts?

Did you send in an extra copy of your H1B?

Did you send paystubs and/or an employment letter for you, the household member?

Yes, copies with corresponding every W2, 1099, etc. (per instructions)

Yes on copy of H1B (per instructions)

Yes paystubs and employment letter.

[Harpa Timsah 13,258]

Okay, you sent only copies. Are you sure you know what constitutes a complete tax return? It's possible you didn't send in the right stuff. The best way to alleviate that is to order tax transcripts.

As to the others, it's possible they lost your stuff. It happens.

You can be the financial sponsor (household member with qualifying income), and the intending immigrant, as you understand. The person you talked to was wrong.

Edited June 28, 2012 by Harpa Timsah

[McFly 3]

Okay, you sent only copies. Are you sure you know what constitutes a complete tax return? It's possible you didn't send in the right stuff. The best way to alleviate that is to order tax transcripts.

As to the others, it's possible they lost your stuff. It happens.

You can be the financial sponsor (household member with qualifying income), and the intending immigrant, as you understand. The person you talked to was wrong.

Yes I do. It is not only the main tax form, there are schedules, etc. documents that accompany it. All of which were included and with the W2s, etc that all falls under what is described in the instructions for filling them out.

The tax transcripts is exactly what I'll be going for, I agree with you that might be the best way to avoid any more issues with this.

"Losing stuff" is simply not acceptable. Considering we are also paying for them to handle sensitive documents. I do agree it most likely happens in any organization of this magnitude.

Thanks for your reply.

[IPv6Freely 64]

As far as a full tax return... I just sent in everything I'd be sending in to the IRS. None of the worksheets (the ones that say "keep for your own records"), but the main form (1040EZ I think it is?) and the two schedules that went with it.

Basically, what I sent USCIS was exactly what I sent the IRS.

[Harpa Timsah 13,258]

They don't lose stuff very much, but it's not impossible.

When replying to the RFE, I would also type a letter explaining your circumstance, just so everyone is on the same page. Just spell it out for them. "I am on H1B, here is my visa and my employment letter, showing legal and future employment," etc.

Edit for IPFreely: Yes, that is right. However, so many people do electronic taxes or TurboTax or whatever, they are not sure what really goes in a paper tax return.

Edited June 28, 2012 by Harpa Timsah

[amykathleen2005 441]

As far as I can see perhaps you need to do a I864A instead. Put your wife as the sponsor and you as the household member. This might clarify what they are going for.

Not a family based visa so moving to AOS, work visa based.

[Harpa Timsah 13,258]

As far as I can see perhaps you need to do a I864A instead. Put your wife as the sponsor and you as the household member. This might clarify what they are going for.

Not a family based visa so moving to AOS, work visa based.

An intending immigrant with legal US income and a petition based on an immediate relative, should add their income to the I-864 of the petitioner. In other words, only one I-864 is needed for this person. He can add his income to his wife's I-864.

[james&olya 1,121]

"Losing stuff" is simply not acceptable. Considering we are also paying for them to handle sensitive documents. I do agree it most likely happens in any organization of this magnitude.

I feel your pain! I had to go through Detroit also with my wife and her two kids. They 'lost' the medical exams on the kids, then found one but forced us to repeat the exam at our expense on the other and send them that. We were forced to pay for their mistakes and incompetence! I have heard this happens often. Why all of this is not stored electronically from when they first receive it is hard to understand. Good luck to you as you proceed!