AOS request for initial evidence i-864

[chris22]

Hi guys. I have entered on VWP and applied for AOS through marriage. I just got this in the mail.


My wife didn't make enough to meet the 20.000 line last year so we also submitted a joined sponsor who made 70k in the past 3 years and been employed by a company for over 10 years.For the joined sponsor we submitted he's last 3 years tax returns with W2's and aslo for current income we submitted he's paystubs with year to date 45k.

I believe the RFE is referring to my wife. Last year she only made 16.000$ but on this years income we put 38 as this is how much she will make. We knew that she will no be sufficient so we used a joined sponsor.

I dont understand this RFE as every paperwork is in order for the joined sponsor. Regarding t my wife. the petioner we have included a copy of a employment verification letter that says she worked for the company for 3 years and has a salary of xxx$ per week. They cant say a yearly salary as she is working on call basis per contract so she gets paid weekly and the amount of weeks working is always different.

Can someone help me what to do with this? We could submit some paystubs for my wife and her current employment contract and statements to sho she got paid in past 6 month. But we was USCIS to use the joined sponsor so there is no holdup with my wife affidavit.


Would appreciate some help on this.

[Adrian Gruber]

Rfe

Hi guys. I have entered on VWP and applied for AOS through marriage. I just got this in the mail.


My wife didn't make enough to meet the 20.000 line last year so we also submitted a joined sponsor who made 70k in the past 3 years and been employed by a company for over 10 years.For the joined sponsor we submitted he's last 3 years tax returns with W2's and aslo for current income we submitted he's paystubs with year to date 45k.

I believe the RFE is referring to my wife. Last year she only made 16.000$ but on this years income we put 38 as this is how much she will make. We knew that she will no be sufficient so we used a joined sponsor.

I dont understand this RFE as every paperwork is in order for the joined sponsor. Regarding t my wife. the petioner we have included a copy of a employment verification letter that says she worked for the company for 3 years and has a salary of xxx$ per week. They cant say a yearly salary as she is working on call basis per contract so she gets paid weekly and the amount of weeks working is always different.

Can someone help me what to do with this? We could submit some paystubs for my wife and her current employment contract and statements to sho she got paid in past 6 month. But we was USCIS to use the joined sponsor so there is no holdup with my wife affidavit.


Would appreciate some help on this.

USCIS is questioning the petitioners evidence that she can support you, because she is an "ON CALL" contractor there is no way to project her future earnings.
I am not an attorney so what I say here may not be correct in your case. I suggest your spouse go to the Social Security website: https://www.ssa.gov/onlineservices/
and print out her earnings report, send that and 3 years worth of tax returns, pay stubs and everything else they are asking for on the RFE.

[chris22]

I understand this, that was the reason why we submitted a joined sponsor. I don't quite understand why they asking for this information when there is a joined sponsor submitted.

[Adrian Gruber]

Process Stops

I understand this, that was the reason why we submitted a joined sponsor. I don't quite understand why they asking for this information when there is a joined sponsor submitted.

Again Chris, I am not an attorney, but I understand whats being asked from reading the RFE!
You need to understand that if an RFE is generated all processing of your application STOPS until you can satisfy the RFE request. Also if you look you have a time limit to respond, if you don't comply with their request your petition will be considered "Abandoned" and they will deny the petition.

[chris22]

Again Chris, I am not an attorney, but I understand whats being asked from reading the RFE!
You need to understand that if an RFE is generated all processing of your application STOPS until you can satisfy the RFE request. Also if you look you have a time limit to respond, if you don't comply with their request your petition will be considered "Abandoned" and they will deny the petition.

I also understand what they are asking for however I don't understand why. It doesn't make sense as we have submitted a joined sponsor knowing my wife will not be sufficient.The RFE is on the i-485 which is an application and not a petition.

[Adrian Gruber]

I also understand what they are asking for however I don't understand why. It doesn't make sense as we have submitted a joined sponsor knowing my wife will not be sufficient.The RFE is on the i-485 which is an application and not a petition.

Well thankyou Chris, I stand corrected. As I said before: I am not an attorney. You are free to seek what ever counsel you like. Your "application" triggered a deficiency at USCIS respond or don't its your choice.

[chris22]

Well thankyou Chris, I stand corrected. As I said before: I am not an attorney. You are free to seek what ever counsel you like. Your "application" triggered a deficiency at USCIS respond or don't its your choice.

Yes we need to respond I know but I don't know what Thanks anyways for trying to help Adrian hope your journey goes we'll . wish all the best