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RFE Anxiety. Not sure what this is exactly--haven't heard from our attorney yet.

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  • RFE Anxiety. Not sure what this is exactly--haven't heard from our attorney yet.

    My wife and I received the USCIS text message on the 8th of July and got the letter Saturday--all of this is through the National Benefits Center. Our lawyer is hard to get a hold of--I get that he's got stacked clients but I also get my wife saying "if we get to stay" and I admit the US would be better start than HK sharing a 300 SQ FT apartment with her parents.

    Anyways they are wanting proof of income and assets for our joint sponsor which is my father. We relocated from one state to another, sold their principle asset, bought another house, and also he's shifted from W2 salary man ($65K annually) to self employed in February.

    Proof wise we've got his 2017 W2, my parents joint 2017 tax returns, the current $300K value house deed (with 6 kids/dependents), home owner's insurance, business license, business income which was deposited into a personal checking account for a bit--then they went with a business checking, business slips (mini receipts produced by the firms which contract him out) to go with the deposit slips (sans one invoice my parents wrote up since they didn't get one), and my wife/myself we've got a joint return with $28K of income for 2017.

    For your pleasure/interest/or potential $0.02 of help here is an OCRed/edited version of what they sent us:
    My guess is we need to prove the entire thing with the joint sponsor again for my father's asset (house) and income. I am also guessing we should give them as much info as possible even if they don't need 2017 W2 or whatever else... Attorney should get back "sometime" this week but really--it's stressful waiting.

    "This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status (Form 1-485). We are writing to inform you that we need more information from you to make a decision on your case. Please read this letter carefully and follow all of the instructions below.

    You must provide the following information for us to make a final decision on your case.

    (....)

    * The joint sponsor lists their current income on Form I-864 as an amount to be considered as sufficient ; however. no such evidence has been submitted as proof of current income. Submit evidence of the joint sponsor's current income. Such evidence should include:

    * Pay stubs or other documentation of pay for the previous 6 months

    * Evidence of other income. such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, pension, annuities, and Social Security Benefits (only SSA-1099 and/or SSDI-1099)

    Letter of employment containing the following:

    * Dates of employment

    * Name of the job

    * Yearly salary earned

    * Number of hours per week worked

    * Prospects for future employment and advancement

    --------------------------------------------------------------------------------

    Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the poverty guideline for the joint sponsor household size. Submit evidence of assets that meet the standards listed below or obtain a different joint sponsor.

    *Assets must equal the stated difference between the joint sponsor's household income and 125% of the poverty guideline.

    Assets must equal the difference for applicants filing as orphans.

    Assets must equal three times the difference for a spouse or child of a United States citizen.

    Assets must equal five times the difference for all others.

    Evidence of assets includes:

    *Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, the account balance averaged over a 12 month period, and

    current balance

    * Evidence of ownership and value of stocks, bonds, and certificates of deposit.

    * Evidence of ownership and value/equity of other personal property and dates acquired.

    *Evidence of ownership, a recent licensed appraisal or county tax assessment, and any

    mortgage/lien or lien release of any real estate.

    If you decide to obtain a joint sponsor they will need to

    (...)
    Last edited by BB81014; 07-17-2018, 06:52 PM.

  • #2
    Hi,

    The orginial i-864 did your dad put "I am currently employed" or "self-employed"? Then you are saying you used assets because his "Current Annual Income" he stated did not work for the household size?

    Also did your lawyer send in this form or yourselves?

    Comment


    • #3
      Originally posted by cali2018 View Post
      Hi,

      The orginial i-864 did your dad put "I am currently employed" or "self-employed"? Then you are saying you used assets because his "Current Annual Income" he stated did not work for the household size?

      Also did your lawyer send in this form or yourselves?
      It's odd since they say the income works, then say it didn't (IE no proof--but we had a W2, letter of employment, etc), and finally say the asset isn't there or whatever else...
      That piece I quoted is one single RFE from USCIS and does appear to be somewhat disjointed in nature.
      We did report the move to USCIS for my wife, myself, and my father--so perhaps that triggered something and we're tossed into the RFE bin.

      I believe he said "I am currently employed" as for the past year and during the application/time we sent the docs he was employed. We applied in February and my father relocated/sold the house a few weeks after USCIS received the docs--now he's self employed and with a new house with enough value.

      Our immigration lawyer prepared (also mailed) everything, ran numerous things past us beyond the preliminary questionnaires for all three parties, and was tedious to say the least. There was the initial information gathering, questions back and forth over several weeks, revisions of docs, and the final check through--which all three parties signed off on.

      Comment


      • #4
        Hmm, a lot of these letters are generic so while you passed test #1, you could fail test #2 and they do not personalize to your case. I understand your lawyer asked lots of questions etc, but see if you can find the orginial submitted package for the i864 since clearly USCIS does not agree with your lawyer.

        That all said truly your father's situation changed and you would have re-done an i864 anyways so did mr lawyer ignore that or just put it off to later on?

        The onus to prove "self employment" is much tougher especially since its "income and not revenue".

        Comment

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