RFE for birth certificate and Affidavit of Support

[zcs]

Hello everyone,

My wife is currently in the process of filing the I-485. I am a US Citizen and she is from Spain. We've already submitted all necessary documents and she's done the biometrics appointment. I have a few questions and was hoping someone here could help me out.

We received an RFE that says that we need to submit a birth certificate with a translation. The problem is that we have already done that. I translated it myself so I was thinking of getting a certified translation. Also, Spanish birth certificates only have the first names of the mother and father. The last names of the parents are implied because both last names of the person in question are listed on the certificate. Could this be the problem? We sent a copy of the birth certificate and per the USCIS website, that is fine, but would it hurt to get an original copy?

The biggest problem is that the RFE stated that my income is not sufficient as a sponsor. My income is well over the 125% of the line so I am quite confused. This is the first year that I have made this amount of money and in previous years I did not meet the requirement. I sent check stubs and my letter of employment with my salary. In 2018 I made much less money than I will make in 2019. I can provide my tax returns from 2018 and my w2, but I'm not sure if that will help since I made very little money in 2018. In previous years, I didn't make enough to file. What should I do here? I am considering a consultation with an immigration lawyer, but I almost feel like it is not completely necessary.

If anyone has any insight, I would highly appreciate it. I am a bit lost because I thought we had done everything properly.

On a side note, exactly 90 days had passed from the time USCIS received the application to the date of the RFE. We were really hoping for the EAD sometime soon because my wife is beginning to go crazy without working. Will the clock be reset on the wait for the EAD and advance parole?

We worried and kind of frustrated.

Thank you

[AngelaPhelan]

I got an RFE last year for my husbands i-864 as well, for the same reason. They didn't look at his paystubs or job offer I submitted and only looked at the number on his past tax returns from when he was a graduate student, and of course the number didn't meet 125% of poverty line. We ended up asking my mother in law to be my joint sponsor. That solved the problem.

Time for EAD/Advance parole did not reset. My case status changed to case ready for interview a month after I submitted RFE response to Chicago. And got my EAD approved a couple of weeks after that. EAD took about 6 months for me, that 90 day rule was well in the past.

Fast forwards to early this year, I got my interview. Went to our interview thought I was well-prepared, but got another RFE for my birth certificate. Officer told me my ORIGINAL Birth certificate was not the format they could accept, and they needed a government issued birth certificate notarial. I took care of that and sent it in 3 weeks following the interview. Now it's been 97 days since it was delivered, still no update/approval.