Steffi

Alright, my RFE finally came in the mail yesterday (Friday). The NOA date was October 14th, but the stamp on the letter says it was mailed October 18th. The RFE contained two letters and one return envelope with a CSC address. The first page is on blue paper and has my A#, receipt number, interestingly enough my updated last name (up until now they kept mailing me with my maiden name, so not sure why CSC actually updated it to be correct? But I'm not complaining!), and then in bigger letters it says that I have until January 6th to send in the information. On page two, which is on white paper, it asks me for:

Birth certifcate: Translation of submitted birth certificate

Feder tax returns: Sponsor and joint sponsor's tax returns with all supporting schedules for the 2004 tax year

Form W-2/1099: Sponsor and joint sponsor's W-s or 1099 or evidence of other reported income for the 2004 tax year along with a copy of the last three pay stubs

Employement offer: Current letter of employment for the sponsor and joint sponsor



Interestingly enough it does NOT ask me for my vaccination supplement! I'm sort of scared. I mean I never sent it in. Should I go get it done anyways and send it along? I don't want to end up getting another RFE because of it! If they wanted it, would they have asked for it now, or is there a chance they will ask for it at a later time once they go through my files again?

Matthew Udall

They “could” send another RFE for the vacc. supp. if they want it, but perhaps your case will be one where they will just have you take it to your local office and present during the spousal interview (after all, they don’t adjudicate the I-485 at the NBC… they look it over to make sure it is complete but it is your local district or suboffice that will approve or deny your application for permanent resident status).

Also, if for some reason they (the NBC) doesn’t get around to processing your RFE submission until after April 15th 2006, I suppose they could RFE you again for the 2005 tax materials (Fed return plus w2s/1099s).

Steffi

Well, the thing is that I'm anticipating on possibly getting approved without interview (crossing my fingers here!!) since my case is at CSC and word is going around that they're sending interview-waivable cases there. So in that case there may not be an interview at my local office (Atlanta) where I would bring the supplement to. There is a list of about 40 people on visajourney.com that have been sent to CSC, and 2 of those people just got approved without inteview either Friday or Thursday. So yeah....keeping my finges crossed. So about that vaccination supplement...?

arijit

Make that 3.

Matthew, you state "they don’t adjudicate the I-485 at the NBC… they look it over to make sure it is complete but it is your local district or suboffice that will approve or deny your application for permanent resident status".

In the current scenario does the CSC essentially 'take over' the functions of the local district office?

Steffi

Additional question: At the time of filing the I-485 my husband was still at University so he wasn't making enough money at the time to be the sole sponsor, so we added hsi mom as the joint sponsor. He's now done with school and has a nice paying job so we would no longer require hsi mom as the joint sponsor. The RFE asks for the joint sponsor's updated financial info as well, but we would much rather go on without having her on three anymore. Does anyone know if you can drop a joint sponsor?

Noorah101

Hi Steffi,

Here's what I would do...go ahead and send in your updated I-864 with hubby's info, and attach a note to it saying "sponsor now meets financial requirements. Joint sponsor no longer needed", or something like that.

Best Wishes,
Rene

Steffi

Do you know of any other people that dropped their joint sponsor (and had no problems)?

andrea874

We dropped ours...

janadeen

Steffi - when I was dealing with CSC a few weeks ago, they told me that everything in our file was there and fine and ready for review, with the exception of the medical. They absolutely would not and could not approve the case without the medical.

They gave me direction to send it them and I did so via USPS tracable. Interestingly, they wouldn't take it via Fed Ex which is how I prefer dealing withe USCIS.

Anyway, they got it and approved the case 1 day after they got it. I think you will have to send in the medical but I'd wait until they request it.

Rete

I'm with you on that, Steffi. I have a strong feeling the transferred AOS to CSC will mean a decision without interview. I would also think that the request for the updated information and your translated birth certificate would not be asked for unless this were the case. Normally they are items you bring to the interview.

If I were in your shoes, I would get the vaccination supplement done. Incur the expense and lost time from work and send it in with the rest of the requested informattion.

Please remember this is just a gut feeling of mine and I have nothing to base it on other than the experience of others and rationalization.

As for the I-864, if you and hubby's incomes are enough to provide your own support, of course, you should point this out to CSC in the returned material and as Rene suggested tell them you want to drop the joint sponsor.


Rete

Rete

As Steffi has said, her I-485 is at the CSC not the NBC. Her case is years pending with Atlanta, GA DO and recently transferred to CSC for processing.

Rete

With the recent non-interviewed approval of I-485s, it would appear that way.

I don't care for VJ and rarely go there but would like to know if the statistics on the 20 approved cases are CPR or IR approvals. Since you are an active member, do you know?

arijit

First of all, the number of transferred cases are a few dozen. Of those, the number of approved, so far, assuming I haven't missed any posts, is around 3 or 4. Not 20.

And at least two of them are CR approvals... marriage dates of Jan 8 2005 and Geb 26 2005... so that's less than 2 yrs. I'm not aware of any IR approvals but the others might be... I'm not really sure.

Matthew Udall

Hi Arijit,
The quoted statement is what goes/went on at the NBC without adding the “Transfer to CSC and approval without interview” wrinkle.

I’ve not yet had an AOS case (filed with NBC) where this has happened, but when I get back to the office in Cal., I’ll take a look at recent CSC & NBC AILA liaison reports with that issue in mind.

Later in this thread I believe you said (sorry if I get it wrong) that the cases approved without interview were conditional permanent resident approvals. That makes me wonder if they are approving these cases without interview with the thought that they will flag these cases for interview when the I-751 is adjudicated (This is pure speculation on my part). To me, that would be a logical approach for them to take. After all, by that time (removal of cond.) the couple will have been married for a longer period of time (barring I-751s filed under one of the waivers for joint filing) and that might help distinguish between the legitimate/bona fide marriage cases from the sham examples (and help the agency avoid the cost of adjudicators who would do an initial AOS interview; but of course, the flip side of the logic coin would suggest that in this situation they might be awarding CLPR status to a higher percentage of sham marriage couples in the first place since the initial AOS interview never took place).

Matthew Udall

Sure, a joint sponsor can sometimes be dropped in a case. However that leads to the next question of “what documentation can I give to help them determine that a joint or co-sponsor is no longer needed?”

Since I’m not your attorney (and obviously I don’t know the facts of your case) I can’t really tell you what “you” should do in your own case; however with that said if I wanted to accomplish this for one of my clients I’d consider filing a new I-864 for the primary sponsor and document it with updated evidence to demonstrate the new income level. My just “telling” them the joint sponsor is no longer needed probably won’t be as effective as that revelation including evidence to back up the assertion.

On top of that, I’d also consider giving them what they asked for as well (concerning the joint sponsor) and include a cover letter (appropriately highlighted to reduced the odds of them missing what I am trying to accomplish for my client) saying/showing how I have complied with their request (about the joint sponsor), that I feel the joint sponsor is no longer required, and ask them to please examine the new affidavit and evidence from the primary sponsor in the hope that they will no longer require the joint sponsor.

While I should comply with the RFE, there is nothing preventing me from giving them more than they asked for (this approach is sometimes appropriate depending on my client’s unique situation).

Good luck with your case.