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i864 RFE: Using Joint Sponsor, but got RFE for petitioner's proof of income.

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  • i864 RFE: Using Joint Sponsor, but got RFE for petitioner's proof of income.

    Good Day ladies/Gents:

    Thank you for much for your anticipated replies and illumination.

    I filed the 485, 130, 765, over 7 weeks ago with the supporting applications (864, 693, etc.).
    I completed and included two 864's (one for the petitioner and one for the joint sponsor) in the application, however, I got an RFE last week for proof of Petitioner's income since the amount listed on the petitioner's form 864 was a sufficient amount.

    1. The joint sponsor's 864 should override the petitioner's 864 right? if YES, why the RFE for the petitioner's 864?
    2. We rightly anticipated the petitioner's job switch (although his income from his job at the time of submission/application was sufficient), to a lower paying job, which is why we included a signed 864 from a joint sponsor. The petitioner is currently in-between jobs, and this means that IF he were to get a job letter (from immediate former job - not the original Job) as proof of income, the listed amount would not be sufficient. What does this mean for us?
    3. We have pay stubs as far back as 6 months for the petitioner, and a sufficient, but outdated job letter (the original job where is a former employee)? Would this help?

  • #2
    No need of the joint sponsor

    USCIS looks at first for the i-864 of the petitioner to determine if you need a joint sponsor. So if your sponsor has the 125% of the poverty guideline you don't need a joint sponsor even if he/she is changing job. The most important document they checked is the 1040-form line 22 for year 2015. If this amount is enough to cover the household you just have to send a joint sponsor.
    What you need is :
    - The whole Form 1040 for 2015
    - For W2 for 2015
    - recent paystubs and/or employment letter of his/her current company.

    I told you that because I receive a RFE where they explain me what I need to send to them.

    Good luck.

    Hope I could help you.

    Comment


    • #3
      RFE Update/ EAD question.

      I responded to the RFE by sending the following: pay stubs, job letter, cover letter, and tax information.
      It took over 2 weeks, but the USCIS has finally updated their website stating that "Your response to USCIS' RFE has been received: we will now continue working on your case".

      I am guessing the afore-stated statement means the response was OK, and they will now proceed with the case, am I right???

      Also, today marks the 75th day from day 1 (in regards to my EAD), However, since it I got an RFE, would it be wise to still call the USCIS or just wait patiently till whenever they're ready to send me an EAD, whenever that is???

      Is there a way I can speed up the 765 approval?

      Thanks for your anticipated illumination and reply.

      P.S. I can find any details on my 765 case online. (the receipt number is invalid :cry: ) ...although USCIS says that it normal.

      Comment


      • #4
        Originally posted by capt.jay7 View Post
        I responded to the RFE by sending the following: pay stubs, job letter, cover letter, and tax information.
        It took over 2 weeks, but the USCIS has finally updated their website stating that "Your response to USCIS' RFE has been received: we will now continue working on your case".

        I am guessing the afore-stated statement means the response was OK, and they will now proceed with the case, am I right???

        Also, today marks the 75th day from day 1 (in regards to my EAD), However, since it I got an RFE, would it be wise to still call the USCIS or just wait patiently till whenever they're ready to send me an EAD, whenever that is???

        Is there a way I can speed up the 765 approval?

        Thanks for your anticipated illumination and reply.

        P.S. I can find any details on my 765 case online. (the receipt number is invalid :cry: ) ...although USCIS says that it normal.
        u can request for EAD to be expedite, but they will flat out deny it because u had someone sign affidavit of support so legally they are financially responsible for until u get on ur feet, until u become a citizen, or for 5 years.

        the only people that can expedite their work permit is people that came into the country for the sole purpose to work.

        Comment


        • #5
          Originally posted by iuy87 View Post
          u can request for EAD to be expedite, but they will flat out deny it because u had someone sign affidavit of support so legally they are financially responsible for until u get on ur feet, until u become a citizen, or for 5 years.

          the only people that can expedite their work permit is people that came into the country for the sole purpose to work.


          I guess i'll just wait. There isn't much I can do and I really don't want to make the wait longer

          Comment

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