HELP!!! Request FOR INITIAL EVIDENCE!!!

kalmychkov

Registered Users (C)
I received RFE letter in the mail and i don't really know what to do now. My wife wasn't making enough money so i've put my income on form I-864. But now INS wants more evidence. they asking me to provide proof of legal work authorization which i don't have. What should i do now???
 
YOU TOLD USCIS you were working illegally? I'm afraid you're going to need a lawyer for this one. Best of luck.
 
I may be wrong on this, but I do not believe that income from unauthorized employment can be used to meet the income requirements, hence their request for proof of employment authorization.
 
F1 Out Of Status And Work Illigaly

DO YOU GUYS THINK THAT ITS VERY DANGEROUSE TO YOUR IMMIGRATION MATTER IF YOU TOLD THEM THAT YOU WORKED ILLEGALY ,CAUSE I READ IT SAYS THAT IF YOU MARRIED A USA SITZEN YOU ARE FORGAVEN , BUT IN OTHER HAND ANOTHER SECTION OF IMMIGRATION SAY THAT YOU ARE GOING TO FACE SERIOUSE IMMIGRATION PROBLEM AND YOU WONT BE ABLE TO ADJUST YOUR STATUS IF YOU WORKED ILLEGALY .I WANT TO BE HONEST,BUT IF THAT IS GOING TO COST ME NOT TO ADJUST MY STATUS THEN I AM NOT DOING IT , WHAT DO YOU GUYS THINK .?:confused:
 
Last edited by a moderator:
Working visa

i have a few friends who worked illegally got married and used their income for I-864 and nobody had a problem...besides me i guess....what a bummer...just don't know what to do now, is it gonna be an automatic denial case now???
 
i have a few friends who worked illegally got married and used their income for I-864 and nobody had a problem...

It depends when they filed, and whether the examining officer was aware of the rule. It took effect around September 2006.

125% of the povery level isn't exactly a high hurdle. Can your wife not get a (or a second) job, at least until you get an EAD?
 
Rfe

i'm not sure how it's all work. I can use my parents in law income but i have no idea how do i switch I-864 if INS already busted me for working illegally. I'm very worried:confused:
 
i have no idea how do i switch I-864 if INS already busted me for working illegally. I'm very worried:confused:

I guess you file a new I-864. There's no penalty to your I-485 based on your working illegally, I believe you would need to have disclosed it on the G-325 anyways. Your I-485 is in danger because you cannot show enough income on the affadavit of support.
 
Thanks a lotfor a good advice. I guess i'm gonna file new I-864 with my wife as a main sponsor and her parents as a part of income to meet a income requirements and take my name off that form.......
 
Thanks a lotfor a good advice. I guess i'm gonna file new I-864 with my wife as a main sponsor and her parents as a part of income to meet a income requirements and take my name off that form.......

You still have to answer the RFE within the given timeframe or your case will be denied.
 
I received RFE letter in the mail and i don't really know what to do now. My wife wasn't making enough money so i've put my income on form I-864. But now INS wants more evidence. they asking me to provide proof of legal work authorization which i don't have. What should i do now???

I used my "illegal" income from my work for over 8yrs. You are married to a US citizen, they are not interested in your previous legal status!
 
I used my "illegal" income from my work for over 8yrs.

USCIS doesn't care what you do with income from illegal employment (although IRS might). You just cannot use it on the affadavit of suport.

You are married to a US citizen, they are not interested in your previous legal status!

USCIS wouldn't care less about his illegal employment here, either, if it wasn't used in the I-864. Let's not mix apples and oranges.
 
USCIS doesn't care what you do with income from illegal employment (although IRS might). You just cannot use it on the affadavit of suport.



USCIS wouldn't care less about his illegal employment here, either, if it wasn't used in the I-864. Let's not mix apples and oranges.

Hate to tell you Therealcanadian, you can use your income from you illegal employment! I did, my wife made 8 grand last year, she was a student. My lawyer used my income.
 
I may be wrong on this, but I do not believe that income from unauthorized employment can be used to meet the income requirements, hence their request for proof of employment authorization.

You are wrong, just verified this with my friend who is my lawyer. You said in this thread "you may be wrong" but then you tell me that I am. Now all the sudden you know?? I went through it, I know.
 
Last edited by a moderator:
USCIS Final Rule on the I-864 Affidavits of Support

You are wrong, just verified this with my friend who is my lawyer. You said in this thread "you may be wrong" but then you tell me that I am. Now all the sudden you know?? I went through it, I know.

Lawful Source for Sponsoring Person and Other Clarifications

The final rule has made it clear that all income and assets that are used to meet the Affidavit of Support requirements must come from a lawful source (i.e. income from illegal or unauthorized employment cannot count toward the requirement.)

The final rule on the Affidavit of Support also clarifies that, if a person applies for adjustment of status while in removal proceedings, the Immigration Judge has authority to adjudicate the sufficiency of the affidavit of support.

The final rule states that, if the sponsored immigrant applies for public benefits, the USCIS may disclose the sponsor’s social security number and last-known address to a benefit-granting agency seeking reimbursement.

There are particular nuances of the law that may apply to one’s case with Affidavits of Support, as well as exceptions to the final rule explained above. It is therefore recommended that one seek the advice of an experienced immigration attorney, as each case has unique circumstances.

LINK: http://www.murthy.com/news/n_affsup.html
 
Lawful Source for Sponsoring Person and Other Clarifications

The final rule has made it clear that all income and assets that are used to meet the Affidavit of Support requirements must come from a lawful source (i.e. income from illegal or unauthorized employment cannot count toward the requirement.)

The final rule on the Affidavit of Support also clarifies that, if a person applies for adjustment of status while in removal proceedings, the Immigration Judge has authority to adjudicate the sufficiency of the affidavit of support.

The final rule states that, if the sponsored immigrant applies for public benefits, the USCIS may disclose the sponsor’s social security number and last-known address to a benefit-granting agency seeking reimbursement.

There are particular nuances of the law that may apply to one’s case with Affidavits of Support, as well as exceptions to the final rule explained above. It is therefore recommended that one seek the advice of an experienced immigration attorney, as each case has unique circumstances.

LINK: http://www.murthy.com/news/n_affsup.html

That is from a private lawfirm's website, hey I guess it must be true then huh.
 
Top