I821D Approved but I765 RFE?!
 

Hello guys,
I'm not sure if this has happened to anyone else on this forum but my sister got her RFE notice for I-765 today although her I-821D was approved couple weeks ago. Here's her timeline:

8/28/12 Application Received at Cali. Service Center
09/25/12 Biometrics Done in San Jose, CA (no walk-in)
11/01/12 I-821D Approved
11/05/12 Received approval notice for I-821D
11/14/12 Received RFE notice for I-765

I'm not sure why they would RFE a person's I-765 if they were already approved for I-821D. Proof of 5 year residency is probably not the reason for RFE and so I guess the only problem is her reported annual income and expenses.
My sister works part time as a waitress while going to college so her reported her annual income was around $8,000 and her expenses around $17,500 including tuition, rent, utilities, etc (my parents cover the remainder of her expenses). I checked both copies of her I-765 and 765W and nothing seems to be incorrect or misleading.. However, I guess it would've been better if she explained her annual income and expenses in detail under the "Additional Information" part.

Hopefully, we will receive the RFE in the mail soon enough and know exactly what they want... arrgg -____- I hope no one else in this forum has to go through this. :-(

Re: I821D Approved but I765 RFE?!
 

If she cant pay for school, rent and other utilities and her parents pay for it then thats NOT her expense. Its pretty simple.

Re: I821D Approved but I765 RFE?!
 

I am so afraid of that. I reported the annual income from my taxes. I have gap between expenses and income. Because I borrow money from family to pay for school. My mom paid my rent last year. ahh. well. I counted debt in my expenses. Will see how it goes. It is pretty crazy because someone else in the forum said they didn't write anything down. I tried to explain it so I hope it was a good enough explanation.

Re: I821D Approved but I765 RFE?!
 

I disagree.

Those expenses are coming from her person. If she wasn't alive, those expenses wouldn't exist. They are her expenses, doesn't matter who pays them.


This is the first time I hear of an RFE for I-765. Weird.

Re: I821D Approved but I765 RFE?!
 

Wow! I put down somewhat similar annual income/expenses as your sister. I currently attend a four year university and just put down the annual cost of attendance and living "expenses" straight off my school's website. I even pointed that out in the "Additional information" part.

I hope thats not an issue, we will have to wait and see for your sister to get her RFE in the mail. Please update!

Re: I821D Approved but I765 RFE?!
 

How can a person claim they spend 17,000 a year when they only make 8,000? Its fucking impossible. Thats the issue. They are not her expenses because she is not spending her money, that she doesnt have, paying the 17,000 thousand.. Its not her expense. Its her parents expense. There is nothing wrong with that. She can simply explain that. Of course it matters who pays them.

Its like saying a baby spends 500 dollars a month for diapers and food when its oviously his/her parents expense not the baby.

Re: I821D Approved but I765 RFE?!
 

The baby is generating those expenses, what's so hard to understand? Are the parents wearing the diapers and eating the baby's food?

http://voices.yahoo.com/baby-expense...se-354106.html

To be approved for the EAD, you need to show "economic necessity." If you aren't working and you put zero income, and if your parents are paying for your expenses and you put zero expenses, will that show economic necessity? You have no expenses right? Why would you need to work?

Re: I821D Approved but I765 RFE?!
 

In other words, your expenses cant be more than your annual income?


What if you don't have an income? ...Do you still have expenses? My brother for example, he's a College freshman, no job, therefor no income, yet he still has to pay tuition (my parents pay for it) should he have put

0 income
0 expenses (?)

Re: I821D Approved but I765 RFE?!
 

Hmm you might be right but for mine, I put 0 for income because I don't work and 28,000 for my expenses which again includes tuition, rent and etc and I got approved for both i821 and i765 without a RFE. So I have no idea whats going on with my sister.

Re: I821D Approved but I765 RFE?!
 

Oh shit, I wrote the exact same thing!