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Need help on I485- Request for Initial Evidence for something I had sent to USCIS

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  • Need help on I485- Request for Initial Evidence for something I had sent to USCIS

    Dear all,

    I am a US citizen concurrently filing for my husband's I-130, I-485, and I-765 while he is still active under F1, and recently I got a RIE letter for a I-864A.

    The biggest problem on my filing was the income for affidavit of support. Since I was working overseas for the past four years, and I fell under the income line for filing my overseas income: I enlisted my mother's help as my husband's co-sponsor, with my father being a family member supplementing my mother's affidavit of support.

    When I was filing everything for the first time, this is what I did for submitting my affidavit of support:

    I-846 (Mine), indicating 2 household members (Myself and my husband. My parents are not living with us, so they count as a separate household.)
    - My explanation on tax filing
    - My employment verification for overseas to prove my "oversea-ness"
    - Statement of my savings

    I-846 (My mother's), indicating 4 household members (herself, my father, my sister (grad student during last tax season, but she is no longer with the household; she is not contributing to the income source for affidavit.), and my husband per the head-counting rules.)
    - My mother's tax records (with forms on assets, funds, etc.)
    - indicated my father on Part 6, Line 6a on I-846 that he will be supplying his income
    - indicated he has filed the I-864A with my mother, signed to agree to be a supplementary support.
    - I-864A from my father, with his tax records (also with forms on assets, funds, etc.)

    I calculated all the numbers needed to meet the income line, and the math checks out. I even filed my father's tax return for the past three years (I basically over fulfilled the requirements needed.)

    Since I documented all my file sendings carefully, I was very confused on receiving a letter for the I-864A. (I really freaked out...)

    I called the help center at USCIS, which was very unhelpful and confusing at the same time. After giving them my file number, he just read the entire RIE back to me again. I pressed on to ask if they have everything scanned on record, as I was sure I have my I-864A in the packet, but apparently they do not have clearance to do so. (I was quite upset at this time...)

    The worst thing was: he suggested me to file the entire I-864 again, from both households! He even suggested me to ask an immigration lawyer...

    If anyone could help me out, I wanted to know:

    pre1: Am I just freaking out about USCIS losing my paperwork by accident, and am I freaking out by a silly comment from a federal employee? I should just re-submit the I-864A for my father again like before?

    If I did make a mistake on my I-864,

    1- Did I miss someone's I-864A by head count? (My husband clearly do not need to be submitting one b/c he is the petitioner. My sister was a grad student, and she was not listed for submitting I-864A in the original form already. My father was the sole household member submitting his income to support.)

    2- Did I misfile my own I-864? Should I count my parents together as one single household even when we live in 2 different addresses?

    3- If #2 is true: Do I need to sign another I-864A with my father? (I clearly indicated that we are in different households, because we are living in separate addresses.)

    I am a bit desperate about this now, so any comment will be great. Thanks very much in advance!

  • #2
    Originally posted by laggy View Post
    Dear all,

    I am a US citizen concurrently filing for my husband's I-130, I-485, and I-765 while he is still active under F1, and recently I got a RIE letter for a I-864A.

    The biggest problem on my filing was the income for affidavit of support. Since I was working overseas for the past four years, and I fell under the income line for filing my overseas income: I enlisted my mother's help as my husband's co-sponsor, with my father being a family member supplementing my mother's affidavit of support.

    When I was filing everything for the first time, this is what I did for submitting my affidavit of support:

    I-846 (Mine), indicating 2 household members (Myself and my husband. My parents are not living with us, so they count as a separate household.)
    - My explanation on tax filing
    - My employment verification for overseas to prove my "oversea-ness"
    - Statement of my savings

    I-846 (My mother's), indicating 4 household members (herself, my father, my sister (grad student during last tax season, but she is no longer with the household; she is not contributing to the income source for affidavit.), and my husband per the head-counting rules.)
    - My mother's tax records (with forms on assets, funds, etc.)
    - indicated my father on Part 6, Line 6a on I-846 that he will be supplying his income
    - indicated he has filed the I-864A with my mother, signed to agree to be a supplementary support.
    - I-864A from my father, with his tax records (also with forms on assets, funds, etc.)

    I calculated all the numbers needed to meet the income line, and the math checks out. I even filed my father's tax return for the past three years (I basically over fulfilled the requirements needed.)

    Since I documented all my file sendings carefully, I was very confused on receiving a letter for the I-864A. (I really freaked out...)

    I called the help center at USCIS, which was very unhelpful and confusing at the same time. After giving them my file number, he just read the entire RIE back to me again. I pressed on to ask if they have everything scanned on record, as I was sure I have my I-864A in the packet, but apparently they do not have clearance to do so. (I was quite upset at this time...)

    The worst thing was: he suggested me to file the entire I-864 again, from both households! He even suggested me to ask an immigration lawyer...

    If anyone could help me out, I wanted to know:

    pre1: Am I just freaking out about USCIS losing my paperwork by accident, and am I freaking out by a silly comment from a federal employee? I should just re-submit the I-864A for my father again like before?

    If I did make a mistake on my I-864,

    1- Did I miss someone's I-864A by head count? (My husband clearly do not need to be submitting one b/c he is the petitioner. My sister was a grad student, and she was not listed for submitting I-864A in the original form already. My father was the sole household member submitting his income to support.)

    2- Did I misfile my own I-864? Should I count my parents together as one single household even when we live in 2 different addresses?

    3- If #2 is true: Do I need to sign another I-864A with my father? (I clearly indicated that we are in different households, because we are living in separate addresses.)

    I am a bit desperate about this now, so any comment will be great. Thanks very much in advance!
    Also for the record: when I sent my packages, the entire package of I-846 from both households are tightly bound together by an Avery fastener (the preferred method of binding documents by USCIS). If they have questions/doubts about my incomes, my bank statements, my other proof of financials supplied, or they have questions about the way I have submitted my I-864s: they would have given me a very long list on the RIE (e.g. hey, you really filed the I-864 wrong, file the whole thing again, etc.).

    This is why I am freaking out the most- how could you possibly lose that 2-page agreement tightly attached to the stack of evidences I have sent? Someone would have to violently tear away those two pages!

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