leadinglight

Well, as expected the lovely people at USCIS have notified that they are sending me a RFE in relation to my I485 application. I know that I filled the form out and I know that I included a checklist of the evidence sent versus their requirements in the instructions but I am guessing they managed to lose a certificate or two!

I will post more later..........urgh!!!!

Noorah101

Sorry to hear that. Keep us posted on what the RFE is for. It could have something to do with the I-864 or the medical, for example.

Rene

leadinglight

So.....the RFE arrived on September 27th!

Firstly, NOBODY warned me the letter was RED in colour lol. Seeing a USCIS envelope with red paper inside of it was a little bit of a heart racing moment. I was expecting to see "DENIED" somewhere!

Secondly, the RFE has two requirements:

a) "for the household (me) members income to be included.....it must have been from a lawful source and earned while the household member was authorized to work in the United States"

Please submit evidence that the household member (me)... was authorized to work in the United States.

Examples include one of the following:
- A copy of i-94 arrival/departure record showing an non immigrant classification that allows the intending...to lawfully work in the United States. Examples include E-1, E-2, E-3... H Visas, I Visas, L Visas, O Visas, P/Q/R Visas (the last few we abridged by me)
- A copy of a valid EAD
- A copy of a form I-94...with "Employment Authorized" or similar annotated by port-of-entry personnel.

b) "based on the documents submitted with the form I-864...the petitioner (significant other) income did not meet the 125% of the Federal Poverty line..."

Submit evidence of assets that meet the standards below or obtain a joint sponsor.

Assets must equal three times the difference for a spouse or child of a United States Citizen.

...(other evidence is not applicable to out situation)


So there you go..... I will post my questions/concerns separately

Cheers.

leadinglight

so on point a) I was authorized to work on my J1 visa and my I-94 record for 2011 was handed in at the airport last year. My current I-94 record is currently in my passport and they have a copy as part of my application.

So my point to them was that last year I earned a whole $10,000 as I was only in the country for 3/4 months. However, this year I secured a job with an annual equivalent of $85k for the 4 month duration of my J1 visa. If I get my EAD in time, the company has decided to keep me working there as I have undertook a lot of training etc.

I provided them with last years tax return, W2 and payslips etc. I provided job confirmation for this year with payslips showing that I make MORE than enough for the poverty line!

What is my next move? I can resend my current I-94 and DS-2019 (which shows that I can work) and I have already proven that if I get my EAD I will have enough money to support both of us. Other than that I am not sure what to do?

Point b) my significant other for the last 4 years (until 2012) or so has been a student that was lucky enough to receive a stipend from her parents of $2000 per month to cover living expenses and therefore never had any tax returns to submit. In 2012 however, she got a job at a very reputable company doing a job that pays $14 per hour ($14x40 hours x 52 weeks = $29120 per year) and we provided the job confirmation from the company and copies of every payslip since then to show the income for her.

So how does she not qualify for the 125% poverty line figure and if we somehow collectively come to that same conclusion, what is her(our) next step?

Thanks in advance and one other thing for the researchers, they gave us 87 days to comply.

lansbury

As to B, how many months has she worked in 2012. I'm guessing they have looked and decided she will not earn enough this year.

For A resend what they ask for.

leadinglight

Yeah I guess the fact that she will have only 6 months income might have a bearing but I thought it was be relative not absolute. How does someone who earns $20k in 6 months have any more or less than someone earning $40k over 12 months? So is the binding thought that she is not an option this year?

I will send my I-94 (which they have) and the DS-2019 (which they don't ask for) but the J1 visa was not listed in their types of visa?. Also my income of $85k will only be enough if I was to get an EAD in time. My YTD earnings are only $22k as at September 28th.

Thanks Ian (et al)

Noorah101

My quick answer....perhaps her employment is too new, and yours might be ending, as a j-1 is temporary...your income is not guaranteed.

The way I see it, you can try again, make a detailed chart showing both incomes and predicted security of job....or get a joint sponsor.

Rene

jeffreyhy

Her present employment being new and of short duration, with no prior history of employment, my guess is the same as Rene's - insufficient indication that the current income is sustainable.
Provide a better explanation of your income, and how it should qualify under the law to be included as you being a household member. A good immigration attorney may be able to help you prepare a convincing arguement. Regards, JEff

leadinglight

My end of night thought....if I reply based on what I think answers their question, how many more times will they send an RFE before outright denying the application? Or is this my last chance barring any appeal options?

Noorah101

You'll probably get just this one, and if it still doesn't make sense to the person reviewing your paperwork, they'll probably put a note to have an AOS interview, and you can explain it to the AOS adjudicating officer. It won't be an outright denial without having a chance to let an officer decide.

Rene

jeffreyhy

I agree.
I hope so. Alternatively, if "the person reviewing your paperwork" is a case officer, the case officer might deny the application on the grounds that the applicant failed to meet the requirements for adjustment after having been given an opportunity to remedy a deficiency in the application?

I don't know, just wondering. It would be interesting to find out. Regards, JEff

leadinglight

Thanks everyone,

Firstly I am going to pull my current pay stub (showing $21k earnings YTD), my current I-94 and DS-2019. Then, on the basis of "what if I lose this job due to being otu of working status" I am going to get a report that shows that there are some 500 jobs in my field than there are jobseekers and that's why there are so many H1B visas issued in my area for my job. Also I am looking to get a letter from the agency I use stating that I am currently in good standing with my employer and earning the amount privously stated. I will also ask them to state that if I was to lose my current job, that it is their belief that I would be placed in a new role within 2 weeks of obtaining EAD.

Secondly, we will send copies of my SO bank statements showing income of at leat $2k per month for the last 4 years and a work sheet showing how she meets the 125% requirement on an annualized basis. It does not seem fair that someone would be disadvantaged on the basis they started a job in June but if she had started in January she would have made the mark. Finally, I am considering noting that due to the fact US Labor Law allows companies to hire/fire "at will" no-ones job is any more secure than the next guy/gal in this type of economy.


Once I pull it all together, I *may* run it by an Immigration Lawyer that I came across on a recent US/UK network event but I remain undecided at this time.

Thanks again.........I want to get it right first time!

jeffreyhy

You are including a number of arguements that may sound good to someone who wants to convince themselves that they have a winning case, but that are not relevant to the matter of law that needs to be addressed. I don't know if that obfuscation will help or hurt you, there is a degree of subjectivity in determining whether or not a sponsor's income is sustainable.

Regards, JEff

leadinglight

So would the general consensus be that I write to them asking them to scrap everything they already have and instead submit a co-sponsor on another I-864 and make sure that they blow the Poverty Limit by a long stretch?

On that basis what would be the size of the co-sponsors household? (They have no wife, children, dependents etc)

1 - Just them?
2 - Them and me?
3 - Them, me and my SO?

Thanks in advance!

Noorah101

I would keep it more simple than that. I'd provide proof of your current and ongoing income, plus proof of her current and ongoing income. Include pay stubs and letters from employers. On a separate sheet of paper, make a chart (or something), which details your income, how long you've worked there, how you predict your ongoing income (for example make a timeline that shows when you started working on your J-1, that you're currently working, and your predicted date of EAD so that you can continue working ... your employer's letter should be specific about keeping you on once you're work authorized). Do the same for her income.

Don't include all that other information about being an "at will" state, the economy, how popular your job is in demand, etc. USCIS doesn't care about any of that. They only want to see that you guys *currently* earn enough, and that income is *sustainable*. Those are the two key words you should use when responding to the RFE.

Rene