RFE received on Dec 24

S

srikanth20

Registered Users (C)
RD -- March 26 2002
ND -- April 10 2002
Finger Printing only once in June 2002

My wife is 485 applicant and I am the beneficiary.

I Received (the letter is addressed to me, though I am the beneficiary) RFE notice from INS. following is the text of RFE

The documentation submitted is not sufficient to warrant favourable consideration of your petition/application. The following information is required.

Submit a copy of your spouse currently issued employment letter and/or a Form I-134 affidavit of support, completed by your spouse. A blank form I -134 is enclosed for your convenience.

Please respond before March 17, 2004.

So, I will appreciate your advice on the following concerns

1. My wife has changed her employer 8 months after 485 application. So, she has to provide the present employment letter.
Does she have to invoke the AC -21 rule.

2. In our response to INS, is it advisable to include my W2's and my wife's W2 though they have not asked for. I have my W2's for the last 7 years and my wifes W2's for the last 4 years

3. In our response to INS, is it advisable to include my wife's recent paystubs.

Any other advice/input will be greatly appreciated.

Thanks
 
Originally posted by srikanth20

1. My wife has changed her employer 8 months after 485 application. So, she has to provide the present employment letter.
Does she have to invoke the AC -21 rule.
Click to expand...
She needs to invoke AC-21 clause.

2. In our response to INS, is it advisable to include my W2's and my wife's W2 though they have not asked for. I have my W2's for the last 7 years and my wifes W2's for the last 4 years
Click to expand...

All they want primary applicants details. You can also include joint returns, which will show family income. For you CIS is just asking I-134.

3. In our response to INS, is it advisable to include my wife's recent paystubs.
Click to expand...
Absolutely since she is primary you need to provide all employment details for her not for you.



Every thing they are asking about primary applicant. Do not confuse them by sending your documents. If you have attorney let him handle
 
Srikanth20,
"Submit a copy of your spouse currently issued employment letter and/or a Form I-134 affidavit of support, completed by your spouse. A blank form I -134 is enclosed for your convenience"

There is a "and/or" in the above sentence. If submitting I-134 alone is sufficient, then do not take risk by submitting employment letter for your spouse, since she changed job and AC21 may come into existance. Since till date, your spouse, being a primary applicant, did not recieve RFE, your reply with spouses employment letter may trigger an RFE for her, there by delaying her case..... my guess. You follow what am I saying.
Take attorney's advice and reply.
 
Your case is not so complicated. It is very simple issue. You may have to talk to your lawyer for what action to take on this issue.

As a general rule, you should provide only the information asked by the INS. Affidavit of support is a simple form submitted during the I-485 filing process. If you submit a new Affidavit of Support with out telling your wife's job change, it may create some issues for you in the future( like if they ask Employment Verification letter). Since your case is clean, you may invoke AC-21 and also submit a new Support of Affidavit. I dont see any reason for you to submit your W2.
 
Hi,

Thanks for the input. I did not check the instructions of I-134(affidavit of support) before posting in this forum. Section II of I -134 says.

Supporting evidence.

The sponsor must submit, in duplicate,evidence of income and resources, as appropriate.
(So, it means I have to include w2's and recent paystubs)

A. Statement from and officer of the bank or other financial institution in which you have deposits giving the following details regarding your account
1. Date account opened
2. Total amount deposited in the past year
3. Present balance
(So, Enclose the bank and property statements)

B. Statement of your employer on business stationery showing
1. Date and nature of employment
2. Salary paid
3 Whether position is temporary or permanent
(So, enclose the employment letter )

What do they mean by "whether position is temporary or permanent)
 
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