I-864 Dilemma

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whtmyid

Registered Users (C)
Hi Guys,
I submitted my AOS application recently and got an RFE right back from USCIS about I-864

My wife started working as a Medical resident in July of this year. She did not have any income in the last 3 years, so she did not file the taxes.

I am on H1B. So, we included my income and my wife's current income that she started earning in July and submitted that as part of I-864.

Now, the RFE says, they need typical proof for the I-864, like Tax returns and also saying the sponsor does not meet the 125% poverty guideline

So, my lawyer is saying, USCIS must have overlooked the fact that we included my income. So, she is going to send my wife's latest paystubs, along with her Employment verification letter and also a small affidavit signed by my wife, saying why she did not file taxes in the last 3 years

So, my question is, would this be enough, considering the fact that, we submitted this information pretty much originally.

What if they reject this evidence? Will they issue another RFE or simply deny the case..

Am I taking lot of risk.. Should I find another sponsor.. Or is it ok

Sorry for the long post
 
More experienced people on this board can give you better info. But, it sounds like what you did originally is *correct* and they probably overlooked some of your documents. It might be useful to to write a letter detailing your spouse's tax history (that she was a student and had no income) and include her current employment status. And make it clear that your income is being used as supplementary income.
I saw somewhere on the instruction sheet (for 864) that if the beneficiary's income is being used as household income, then he/she should provide evidence for employment for the next 6 months. You might want to check this again.
Also, based on my previous experience with USCIS, it is advisable to re-submit the I-864 form with the changes (and even with no changes) as the updated version. that might help them look at the points they missed (just a suggestion).
 
thomas_psu said:
More experienced people on this board can give you better info. But, it sounds like what you did originally is *correct* and they probably overlooked some of your documents. It might be useful to to write a letter detailing your spouse's tax history (that she was a student and had no income) and include her current employment status. And make it clear that your income is being used as supplementary income.
I saw somewhere on the instruction sheet (for 864) that if the beneficiary's income is being used as household income, then he/she should provide evidence for employment for the next 6 months. You might want to check this again.
Also, based on my previous experience with USCIS, it is advisable to re-submit the I-864 form with the changes (and even with no changes) as the updated version. that might help them look at the points they missed (just a suggestion).
Click to expand...

Thanks Thomas. I am going to gather my last 6 months pay stubs and my employment verification letter and my wife's as well and as lawyer suggested, we are going to send an affidavit explaining the situation..

But my whatif question is still bothering me.. If they are not happy with the RFE evidence, will they simply deny the case or issue another RFE?
 
It probably was a USCIS mistake. Your file was probably being looked at by an inexperienced adjudicator who forgot or didn't know that your income should be added.

However, if you did not include your tax returns and paystubs, that may have led them to disregard your income. Include it now and you should be OK.

But my whatif question is still bothering me.. If they are not happy with the RFE evidence, will they simply deny the case or issue another RFE?
Click to expand...
They can do either. If they deny it because of the I-864 issue, you can still keep working on H1B, and file a Motion to Reopen.
 
Last edited by a moderator:
thomas_psu said:
I saw somewhere on the instruction sheet (for 864) that if the beneficiary's income is being used as household income, then he/she should provide evidence for employment for the next 6 months.
Click to expand...
It doesn't say that. But it says that the income must continue after the beneficiary becomes a permanent resident. However, it is not necessary to have a job letter specifically saying that they will keep you hired for that long. USCIS will normally assume that the job will continue until that time, unless there is something about the job to make them believe otherwise (e.g. it is a short-term contract or a summer internship).
 
Thank you Jackolantern. I need to confirm with my lawyer, if she sent my tax returns also. I know she did send my stubs though..
 
I don't know much.... but make sure you are sending a letter of emplyment and same for your wife.... the most important thing is to have 125% over poverty line on the taxes for last year.

Good Luck!!!
 
BribeAl said:
I don't know much.... but make sure you are sending a letter of emplyment and same for your wife.... the most important thing is to have 125% over poverty line on the taxes for last year.

Good Luck!!!
Click to expand...

Thank you BribeAl for your response. As I mentioned in my original post, my wife did not work last year, so she did not file taxes. But, we are including my income as part of the household income, so it should have been fine. But we will see.. This year she started working and our combined income would be close to 150K this year. So I thought that should have been enough.

And my lawyer said, she included my tax returns for the past 3 years along with the application. I think this RFE is mostly an overlook by the USCIS
 
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