RFE on I-864 Affidavit of SUpport

viking21

New Member
Hello

I was wondering if someone could help me with more info regarding a request for evidence in connection with Form I-864 my wife received from USCIS.In this request the Service states that the income of my wife could be included in the computation for our income and assets only if she has been working lawfully in the US.I'm a US citizen my wife is out of status but nevertheless she has a good job and very solid income.We filed all nessesary forms ( I-130,I-485, I-765 ) along with the required Affidavit of Support ( Form I-864 ) which USCIS needs in order to determine whether we meet the income requirement of 125% above the Poverty guidlines.If they do not accept this form nothing else goes through.I also have enough income to cover both of us and I plan to send updated I-864 form. Do you think that this would be the right way to answer their RFE ? In the request by the way they want for her to prove that she had a right to legally work in the US ( which of course she can't ) and also W-2 and tax forms which we could provide to them but I don't think that since my wife can't satisfy the first requirement providing these other documents to USCIS will help us in any way.
 
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