need help to prepare I-485 RFE response

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grg2005

Registered Users (C)
gurus,
I am the primary applicant who got approved a while back. Now I have recieved an RFE for my spouse's I-485 application.

My first doubt is do I need a lawyer to prepare a response for the RFE or can I just do it myself. I don't have any lawyer for my spouse case since I left my sponsoring employer. Did anyone of you successfully responsded to a RFE yourself without the help of a lawyer?

The RFE letter state that:
"Submit evidence that you are not likely to become a public charge, evidence may include:
a) an orginial letter of employment(stating prospect for continued employment and salary),
b) a form I-134,
c) other evidence (bank letters etc)"

Now I have following doubts. Please respond with your experiences and thoughts.

My spouse has worked on a permanent job for the last two months. How can we prove the "prospect for continue employment". I guess we have to take some letter from employer but what should be the content of the letter such that employer is okay to give it and it also satisfies USCIS requirements. We have her four pay stubs. Is that any good?

Should I include an I-134 also from my side(husband). I am not sure what is a good evidence to support I-134. Currently I am self employed, so I do not have regular pay stubs or employment. Do I really need I-134 if I can prove my spouse's financial status with her job and bank stmts in her name.

Your help will be much appreciated.
 
You can send response directly to USCIS by your self.

As long as you are working and earning enough money to support your family you can give an affidavit (must be notarized) by your self. My attorney sent this affidavit (I don’t remember the form number) at the time of applying I-485, as my wife is not working.

By showing proof of your salary, W2s and pay stubs, prove your self that your are able to support your family even your wife is not working.
 
grg2005 said:
gurus,
I am the primary applicant who got approved a while back. Now I have recieved an RFE for my spouse's I-485 application.

My first doubt is do I need a lawyer to prepare a response for the RFE or can I just do it myself. I don't have any lawyer for my spouse case since I left my sponsoring employer. Did anyone of you successfully responsded to a RFE yourself without the help of a lawyer?

The RFE letter state that:
"Submit evidence that you are not likely to become a public charge, evidence may include:
a) an orginial letter of employment(stating prospect for continued employment and salary),
b) a form I-134,
c) other evidence (bank letters etc)"

Now I have following doubts. Please respond with your experiences and thoughts.

My spouse has worked on a permanent job for the last two months. How can we prove the "prospect for continue employment". I guess we have to take some letter from employer but what should be the content of the letter such that employer is okay to give it and it also satisfies USCIS requirements. We have her four pay stubs. Is that any good?

Should I include an I-134 also from my side(husband). I am not sure what is a good evidence to support I-134. Currently I am self employed, so I do not have regular pay stubs or employment. Do I really need I-134 if I can prove my spouse's financial status with her job and bank stmts in her name.

Your help will be much appreciated.
Click to expand...
RFE clearly asks one of the a,b,c

If your wife is not working you can submit I-134 [notarized] along with your employers letter [with a recent date] and recent pay stubs. By doing this you gurantee USCIS that you are legally responsible of your wife's finance matters. You can also submit a recent bank statement which shows sufficient balance to support you and your wife.

I would reply to this RFE myself instead of going through an attorney.
 
I also got same RFE. I am primary applicant and do not know why they sent that RFE to me.

Got RFE on 8/9 and submitted reply on 8/30. LUD on 8/31 for receipt of RFE response and 9/1 without any message change.

I checked with the attorney and few more knowledgeable poeple and I was told to submit the Letter of employment ( Mine GC is for future employment so I have sent employment letter for future employment when GC is approved) which states permanent job offer and salary.

I was advised not to send the salary slips and w2 etc. as any info not asked by USCIS may confuse them more.

Based on that, if you have original letter of employment that states permanent job and salary, you should be fine.
 
Thanks everyone for your responses.

What exactly should be the content of a "letter of employment"?

Since my wife is working, I am thinking that I have two options
1) Submit her employment letter and bank letters
2) Provide affidavit from my side that I am sponsoring her.
or do both 1) and 2)

The risk in going with just 1) is that her employment history is really short (only two months). Can this be a problem?

If I provide affidavit along with docs for 1) then I might be risking confusing USCIS by providing too many documents. Moreover providing suppporting evidence for I-134 is a little messy for me since I an independent self-employed contractor working for my own company. I don't get regular paystubs,and giving a letter of employment from my own company might raise some suspicision with USCIS. I could provide my company business acct statement that could be one evidence of income.

Pls share your thoughts.
 
Initially my plan was also to provide the employment letter and the bank statement so that it provides USCIS more ground to approve.

Then I was told not to submit bank statements with employment letter as USCIS has asked for anyone document of the three listed.

In my case, as I am primary applicant, employment letter made more sense. Besides, how much bank balance would be required, is it 10K or 50K or 100K...

As for as history of employment, I understand it does not matter as long as the employment letter say "Permanent" with good prospects of continued employment and salary info.



grg2005 said:
Thanks everyone for your responses.

What exactly should be the content of a "letter of employment"?

Since my wife is working, I am thinking that I have two options
1) Submit her employment letter and bank letters
2) Provide affidavit from my side that I am sponsoring her.
or do both 1) and 2)

The risk in going with just 1) is that her employment history is really short (only two months). Can this be a problem?

If I provide affidavit along with docs for 1) then I might be risking confusing USCIS by providing too many documents. Moreover providing suppporting evidence for I-134 is a little messy for me since I an independent self-employed contractor working for my own company. I don't get regular paystubs,and giving a letter of employment from my own company might raise some suspicision with USCIS. I could provide my company business acct statement that could be one evidence of income.

Pls share your thoughts.
Click to expand...
 
I feel a balance of over 20 K should be sufficient.

I am planning to responsd to the RFE with an employment letter and bank letters. I think it should be okay to provide more than one evidence although RFE letter seems to indicate one out of the three will work.
Let us see how it goes.
 
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