Received RFE and need help!!!!

[crystalchen_ljd]

Hi everyone! I am new to the forum! ok, I am F-1 and my husband is USC. I applied AOS in May, biometrics done and received RFE this week. They ask me to file my husband's 08's tax info and her mother's employment letter. His mom is the hoursehold member to hep sponsor me. She is self-employed and owns a restaurant. Her last year's income did not meet the poverty line so she provided a certficate of deposit and it exceeds the requirement for supporting us 5 years. What is the reason why they still need her employment letter? and I also filed my husbands 06, 07 and 08's tax info with the I-864 already.

Anyway, what I have now: my husband's 08 tax transcript, mother in law's certification of owning the business, my employment letter starting Aug in school hospital and a letter explaining mother in laws situation. They request the employment letter includes: wages, hours per week working, nature of the job, start date, etc. She can say that she owns it, works 10 hrs per day, owns the business for 12 years, has a 10 more years lease, but her salary really depends on the sales of the business. She may work 12 hours everyday without getting paid because she needs to pay workers and food supplies etc.... Any suggestions? Should I attach the CDs again??

Also, the letter said for mother in law, provide employment letter or pay stub, what is pay stub????

Thank you everyone in advance!

Su

 

[JohnnyCash]

A few details are missing from your post, but it seems that your mother-in-law is a co-sponsor and your husband doesn't make enough money or doesn't work.

First of all, your mother-in-law will need to file Form I-864A if all of you guys live together. Secondly, since she is self-employed then she needs to send- (1) a copy of her business license (as she has a resturant); (2) a letter from her accountant stating the details of her business and fiance; (3) proof of her citizenship/LPR; (4) copies of her last 3 years' income tax returns along with any 1099; (4) She must need to make sure to submit ALL pages of her LAST 3 YEARS' income tax returns, particularly schedule C and E. Since she didn't have enough income last year then it's very important for her to send last 3 years' income tax returns to show to USCIS that she did have enough income.

Also, it's very important for her (and her accountant) to describe her current income based on quarterly income in this year because current income is so important to USCIS when it comes to this form. If she doesn't make enough income (based on quarterly income of this year), USCIS will not accept her as a co-sponsor because current income is so important, but after reviewing her last 3 years' income if it will appear that she has potential to make required income, she will be accepted as a co-sponsor. USCIS sees the whole picture in this kind of situation.

If your mother-in-law wants to use her assets instead of her income to qualify as a co-sponsor then she can do that...meaning she can use her CD, property, cash and whatever she has, but it must have to be 5x the required income for the eligible hosehold members.

Hi everyone! I am new to the forum! ok, I am F-1 and my husband is USC. I applied AOS in May, biometrics done and received RFE this week. They ask me to file my husband's 08's tax info and her mother's employment letter. His mom is the hoursehold member to hep sponsor me. She is self-employed and owns a restaurant. Her last year's income did not meet the poverty line so she provided a certficate of deposit and it exceeds the requirement for supporting us 5 years. What is the reason why they still need her employment letter? and I also filed my husbands 06, 07 and 08's tax info with the I-864 already.

Anyway, what I have now: my husband's 08 tax transcript, mother in law's certification of owning the business, my employment letter starting Aug in school hospital and a letter explaining mother in laws situation. They request the employment letter includes: wages, hours per week working, nature of the job, start date, etc. She can say that she owns it, works 10 hrs per day, owns the business for 12 years, has a 10 more years lease, but her salary really depends on the sales of the business. She may work 12 hours everyday without getting paid because she needs to pay workers and food supplies etc.... Any suggestions? Should I attach the CDs again??

Thank you everyone in advance!

Su

 

[crystalchen_ljd]

You are right, my husband did make enough.

We already filed everything you said in the post, 3 yrs tax info, every page of the tax info for both her and my husband. We also inluded the savings which is 5 times exceeding the poverty line. Just don't know why they still ask for employment letter. maybe they lost the banking statement? I don't know....Thank you so much for your reply!!!!!! Appreciate it!!

 

[JohnnyCash]

You are right, my husband did make enough.

We already filed everything you said in the post, 3 yrs tax info, every page of the tax info for both her and my husband. We also inluded the savings which is 5 times exceeding the poverty line. Just don't know why they still ask for employment letter. maybe they lost the banking statement? I don't know....Thank you so much for your reply!!!!!! Appreciate it!!

"You are right, my husband did make enough."

I didn't say that your husband made enough money; instead I said that your husband either doesn't make enough income or doesn't work.

You have to understand that most of the times the wording/language/text on RFEs us vert typical/general/standard than a case-specific. Thus, it's very hard to know what specific document/information USCIS is asking for. And it's so true when a RFE is issued for Affidavit of Support Form. You need to also understand that documents (as well files) do get lost within the USCIS when files move from one section to another, particularly medical report. Further, the USCIS clerks tend to overlook documents most of the times which make them to send out RFEs for those documents which are already contained in the file. That being said, the following you should do-

The whole I-864 thing needs to be re-send along with all the requried documents regardless of what particular document they are asking for, which means your husband will need to file I-864 as a primary sponsor even if he doesn't make enough money and your mother-in law will need to file I-864A. You didn't mention if your mother-in-law has filed the said and correct form or not, but if she didn't then this could be the reason for the RFE. She must need to include all the supporting documents that I've mentioned above along with a letter stating that an employment letter and/or pay-stubs cannot be submitted because she is a self-employed. Make sure to send the whole set of Affidaivit of Support form again with its supporting documents. You will be okay.

 

[crystalchen_ljd]

Sorry I typed wrong. My husband did not make enough money to support me. I am collecting his 08's tax info and his mother's certification of owning the business. They sent the correct form and all of their three years tax info with my application. And his mother's tax info were like 100 pages long. It will be really surprised if they lose that... Well they didn't ask to provide her tax info again. Maybe they didn't see that she is self-employed. I also copied the CDs again just in case because that's only 2 pages of paper.

Thank you so much JohnnyCash!

Su