RFE (initial) - on I-864 (income insufficient) HELP

Y

yjntan

Registered Users (C)
Hello, I am so hoping there would be someone who has similar situation where I am now and who can help me on the matter.


I-485, I-765 filed on 02/09/07
MSC NC for both 2/14/07
Biometrics NC received 2/23/07
Biometrics appointment 3/9/07
REF on 485 sent on 2/27/07, received 03/17/07 due to attorney's office move

RFE (Request for Initial Evidence) is for 864 affridavit of support. My father (petitioner) is a sponsor and he's income is more than the guideline (125% above poverty line). RFE asks me to send proofs of income (letter of employment, current employers, nature of jobs, wages and salary etc). My father is self employed. My attorney sent w2 and 2005 tax return.

In response to this RFE, I am preparing a joint sponsor from my boyfriend.

Can anybody tell me if I am doing the right thing? My attorney certainly didn't do a good job nor had she given me correct info.

On the RFE, "you are ineligible for interim employment authrization pursuant to Title 8, Code of Federal REgulations, Section 103.2 (b)(10)(ii) until ninety (90) days after the missing initial evidence is received. --> what does this mean?
 
since your father is self-employed have him write a letter on his company letterhead that explains what his business is, how long he's had the business, what kind of work he does, how many people he employs, etc, copy of his business licence. what exactly did you send with the 864-just the copy of tax return for 05 and his w2? self-employed people are specifically asked to submit the letter for proof of employment and that is probably why you got the rfe.
 
thanks catjupp !

My mother and my brother got GC without any problem with my father's 864. my attorney suggested that it would be enough to have a joint sponsor with more than 125% poverty level. And by the way, after reading the this forum just now, I realized what I have is RFI (request for initial evidence)

My concern is, it might take me a longer time to get all the documents from my father. I was told by my attorney that my father's w2 and tax return of 2005 was enough.

I have everything ready for the joint sponsor's I-864.

I have a infopass for this coming monday 3/19 to ask immigration officer about RFI.

I am not sure if I need to take more time to get my father's I-864 and the supporting documents ready along with joint sponsor's. If it's enough to send out JS only, I can send things out on 3/19.
I have lost my job Feb 2006 due to expiration of EAD (OPT) and the company didn't do H1 for me and the priority date got stuck for so long for Family 1 category. I am really anxious about getting EAD as soon as possible.

Again, thank you for your advice Catjupp.
 
My father's income was less then what is required but I sent a joint sponsor in the start itself so it is possible that they might consider joint sponsor in the middle of case. But my suggestion is that it will be better for you to spent another week or 10 days to gather you father's business information rather than just sending joint sponsor information and being rejected and wasting more time. If your father hasn't filed tax return for 2006, request him to get a letter from his Bank showing the total deposits and withdrawls for 2006 and upto march 2007 or if he can give you bank statements for 2006 and 2007. If he has filled taxes for 2006, send the 2006 tax return along with other business papers and joint sponsor information.
As for as letter RFE1 means, I think it means that it is first request for more information and if they need anything else they can always request more information. Sponsor always need to send a letter from current employer along with two recent pay stubs and last three years tax returns. Make sure you have all the information from your joint sponsor too. Take care and good luck.
 
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Met with Immigration officer

Hi all,
Thank you for your replies.
I met with immigration officer today. She let me know that my finger print was cleared from FBI (done on 3/9/07)and MSC will move on as soon as I send them the information(I864- insufficient proof on income).

What I am preparing is
1. An employment letter from CPA of my father who is a primary sponsor. this letter will include employment history(how long, when he started, etc), wages/salaries, how many hours he works per week, employer's name and ID, Advancement opportunity. My father is the president/owner of the business however, he has separate Employer/employee's ID. Which is helpful I think since I don't need to submit different I-864 for him as a business owner.
2. A Joint Sponsor I 864 with the same supporting documents - am employment letter, w2, 2006 tax return, pay stubs for the past 6 mons, etc.


Does any of you think I am missing anything here? Thank you very much in advance for you all to read my post and all the advice.
 
yjntan said:
Hi all,
Thank you for your replies.
I met with immigration officer today. She let me know that my finger print was cleared from FBI (done on 3/9/07)and MSC will move on as soon as I send them the information(I864- insufficient proof on income).

What I am preparing is
1. An employment letter from CPA of my father who is a primary sponsor. this letter will include employment history(how long, when he started, etc), wages/salaries, how many hours he works per week, employer's name and ID, Advancement opportunity. My father is the president/owner of the business however, he has separate Employer/employee's ID. Which is helpful I think since I don't need to submit different I-864 for him as a business owner.
2. A Joint Sponsor I 864 with the same supporting documents - am employment letter, w2, 2006 tax return, pay stubs for the past 6 mons, etc.


Does any of you think I am missing anything here? Thank you very much in advance for you all to read my post and all the advice.
Click to expand...

You have prepared well. You should have enough time 'cause doesn't the letter state something like 86 days (basically) to get info back to UCIS? However, as you know, the sooner the better.;)
 
Thank you NeShawn !

The immigration officer I met yesterday told me that the process will resume immediately as long as the evidence is accepted. Although, in RFE it says, "you are ineligible for interim employment authrization pursuant to Tital 8, Code of Federal Regulations, Section 103.2(b)(10)(ii) until 90 days after the missing initial evidence is received", it will resume without waiting for 90 days.

She said the letter is pretty much a generic letter that USCIS generate.

I am sending everything by 3/21 to my attorney and have her to review and bundle things up and forward to MSC by no later than this Friday 3/23.

I will keep everybody posted of the timelines how/when MSC reacts to this matter.

Thank you all for the support.
 
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Hi, The 'generic letter' is just that. It is referring to the '90 days to get EAD. Like if for some reason it takes over 90 days to get EAD, then you can get an interim EAD. The letter is stating that the 90 days to get EAD is not counted until they get the RFE. It is not referring to the original request for EAD. It is just that some people end up taking a lot of time to get whatever info requested back and then and 90 days would have expired before they even send the info and they won't be allowed to get the 'interim EAD'. they simply will have to wait to get the EAD even if 90 days is up from the ND (Notice Date). That is to ensure that when one files they are legitimately filing and not trying to get EAD to work without providing USCIS with proper documentation. Ones right to work is allowed while you are filing for adjustment of status and one right taken is because one would not be approved for adjustment of status so it goes to say that if the proper information has not been proivided to USCIS then the evidable result is no adjustment of status, so USCIS makes sure that at least the proper documentation is in their possesion to make the decision one way or the other and while they are doing so you can work.

I hope this doesn't sound redundant but a lot of folks do try to get over BIG TIME and it makes it hard for everyone else in this process. I am glad that family is there for you cause this ain't easy.:p
 
Updates on response to RFE

I finally Fedexed documents in response to RFE to my attorney's office.
What I included was:

*Petinioner (my father)'s initial evidence on I-864 (income to be exact)
1. Letter of employment from his CPA - there was differential on current wage on the letter from the supporting document MSC has (2005 W2 & income tax return). So I included a letter to explain.
2. Pay stubs of the recent 6 months.

* Joint sponsor's I-864 (this is new documents I sent just to be safe) including
- all the supporting documents ; 2006 w2 & tax return, letter of employment, pay stubs (Jan. 2006 - present), copies of Permanent resident card, driver's license, social security card

My lawyer's assitant didn't return my call this afternoon if she checked and sent them out to MSC today. I will check it with her first thing tomorrow.

It seems like the update CIS makes takes about a week or so after they receive response to RFE which I learned after reading many posts here in this forum. I really wish I knew this forum before I submitted my applications(I-485, I-765)

As the immigration office recommended, I am planning to send a letter to expedite the process on Monday.

I will keep you all posted.
 
Hi Yjntan,

any updates on your cases? I am in exactly the same situation, just a week later than you. It would really help me if you keep your process updated, so I can have an estimate of where I look at. Especially how fast the EAD is given out after mailing the RFI!

Cheers,

Schnieker
 
What does one submit when the petitioner is a cab driver, files taxes as self-employed yet is renting the cab from a company in the city. He does not get pay stubs. He gets paid cash and sometimes credit card.
 
Rfe

Hi guys, these threat have been very usefull, I had so many questions about my EAD after I recevived my REF letter telling about the 90 days issue, but I see that is a generic format that CIS has as letter, so I hope to get my EAD among the 90 days of my RD.

CIS requested REF on march/9th, I filed my REF from my sponsor on March/22nd and today the 27th I received an email with a LUD on my I485 saying:
We received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case you can use our processing dates to estimate when this case will be done. This case is at our MISSOURI SERVICE CENTER location. follow the link below to check processing dates.

So now I imagine regarding this that my File is complete. I don't know but have the filling that the Missouri Center works quick. Does any one here is pending on this Center?
However, I don't know if the 60 days mentioned in the letter is refering to a final decision on my case about approval or denial.
Meanwhile I'll keep waiting for my EAD and hope not to have to apply for an Interim one.
Anyone here throught the same situation?
No LUD for the FP took on march 6th.
 
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schnieker said:
Hi Yjntan,

any updates on your cases? I am in exactly the same situation, just a week later than you. It would really help me if you keep your process updated, so I can have an estimate of where I look at. Especially how fast the EAD is given out after mailing the RFI!

Cheers,

Schnieker
Click to expand...
Hey Schnieker,

I just added signature at the bottom. I have not received any update yet.

In the mean time, I am ready to send out a letter(from myself) to expedite the process of EAD. The IO advised me to do so right after sending out RFE.

Also, I have submitted a request to one of the Senator in this area for assistance of EAD process. Which will be reaching the Senator's office today. I am also faxing them the summary of request directly to their office. There was a official direction how to submit a petition on Senator's web page in regards to the matters with federal agencies.

I hope my case will move forward soon.

Cheers,

Y
 
Luci_merlion said:
What does one submit when the petitioner is a cab driver, files taxes as self-employed yet is renting the cab from a company in the city. He does not get pay stubs. He gets paid cash and sometimes credit card.
Click to expand...
My father is the same. He is an employer and employee at the same time. My attorney's assistance advised me to include Letter from the company, if he's self employed then he could write a letter for himself. Or if he has CPA who's been doing his taxes then the letter from CPA works (this advise was from IO). Basically this was what I was told.

My dad has submitted his employee side of W2 and tax return. So I decided to stick with it. His CPA made letter of employment and explained details of business - job title, employment start date, pay(monthly/or yearly), hours of working a week, future of the business (job prospects/advancements). I hope this would be enough for my RFE.

I hope my experience could help. I will post as soon as I know anything.

Y
 
Senator's inquiry

Hi everybody,

As I posted earlier, I have submitted a request for assistance on my filings at USCIS at the Senator's office.
They got back to us (actually to my boyfriend) and said, they are going to send a congressional inquiry on my case status and they will take action accordingly.

Let's see if they can help me. As you can read, I am a little bit skeptical about this. Well, I try anything I can.

I will keep you all posted.

Y
 
Updates on I-485 after RFE

hi,
Tonight, just now after sending out "response to RFE", finally I saw an update on my case I-485 : (USCIS received 3/26 and posted 3/29)

Current Status: Response to request for evidence received, and case processing has resumed.

On March 29, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our MISSOURI SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Senator's office got back and said it might take sometime to have USCIS back with the inquiry. Now, since I know that USCIS has received/reviewed the response to RFE, I will ask Senator's office to check see if there's anything missing.

I also made an Infopass on Tuesday see if there would be anything else or just to find out where I am standing. I have been waiting for a long time so I can't just sit here and wait.

I hope my info helps whoever reads this post.

Cheers,

Y
 
z
yjntan said:
Hello, I am so hoping there would be someone who has similar situation where I am now and who can help me on the matter.


I-485, I-765 filed on 02/09/07
MSC NC for both 2/14/07
Biometrics NC received 2/23/07
Biometrics appointment 3/9/07
REF on 485 sent on 2/27/07, received 03/17/07 due to attorney's office move

RFE (Request for Initial Evidence) is for 864 affridavit of support. My father (petitioner) is a sponsor and he's income is more than the guideline (125% above poverty line). RFE asks me to send proofs of income (letter of employment, current employers, nature of jobs, wages and salary etc). My father is self employed. My attorney sent w2 and 2005 tax return.
If he self employed there is no W2. You must send IRS Tax return copy

In response to this RFE, I am preparing a joint sponsor from my boyfriend.

If your father has sufficient income you do not need joint sponser. However if your mother in the household she can make an agreement signed with your father to augment their income. Boy friend is not the right choice.

Can anybody tell me if I am doing the right thing? My attorney certainly didn't do a good job nor had she given me correct info.

On the RFE, "you are ineligible for interim employment authrization pursuant to Title 8, Code of Federal REgulations, Section 103.2 (b)(10)(ii) until ninety (90) days after the missing initial evidence is received. --> what does this mean?

Means, usually EAD comes after 90 days of initial filing,
since there was a RFE, the 90 days count start form the day they receive your response to RFE.
Click to expand...
 
update

Everybody,

I have a response back from Senator's office. He said on I-485, USCIS has received response to RFE and they are ready to set up an interview time as soon as Kansas city office is available. There was no update on I-765. It's still pending.
 
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