AOS FILERS - April 2008

[Rainbow007 0]

My wife had her finger prints taken a couple of weeks ago and I could see here cases online the next day. I'm not as aggressive as I was prior to her coming here about checking uscis site for updates as I'll get an alert in the email if there's any updates

I was wondering if I could take my wife to UK while she is on AOS process. Any ideas guys?

Edited May 27, 2008 by Rainbow007

[asolana 0]

Hi there everyone, I've got bad news though

Today I received a request for evidence, I don't even understand why so tomorrow I'll go to an InfoPass appointment and see what's up. This is exactly what it says.

Form I-864 Affidavit of Support was submitted, however, it was not from the petitioner/sponsor.

In order to process your application further, submit a completed and signed form I-864 for the petitioner/sponsor listed on form I-130.

For more specific information, See form I-864 instructions, page 2, "Who completes and signs form I-864?".

My wife isn't working and she hasn't ever worked so there's no way she can be my sponsor so my wife's uncle, was the one that signed the sponsorship.

Hope this isn't gonna affect my case so much because it also says that my employment authorization will be now processed 90 days from the receipt of my missing intial evidence =[ that's sad.

Does anybody knows what this problem means? Thanks so much for your help!!

April 15, 2008 - Sent envelope with I-130, I-485, I-765 and I-864

April 16, 2008 - Envelope received at the Chicago Lockbox

May 2 - 2008 - Received biometrics appointment

May 7 - 2008 - Biometrics done

May 26 - Request for evidence for I-864

good luck to all of ya!

[K&W 0]

I was wondering if I could take my wife to UK while she is on AOS process. Any ideas guys?

Did you file Advance Parole (I-131)? That allows your wife exit/re-entry US during AOS pending. If your wife goes to UK without AP, AOS is regarded as abandoned.

Hope this helps....

[Kildareman 0]

All,

I did the biometrics today. It was quick and easy. In and out in 20 mins!

Hope we all get some good news in the next few weeks!

Kildareman

[Evan 0]

We received an RFE today. I'm going to call USCIS about it tomorrow and see what's up.

Two issues listed:

1) In order to process your application further, the petitioner on form I-864EZ must submit all Federal income tax documentation for most recent tax year...

My accountant filed an extension for my 2007 income taxes so they haven't been filed (thus 2006 is the last year I filed). Perhaps they're looking for 2007 since we sent our application in April 17th? Maybe I should have sent the 2007 extension documents?

2) The petitioner on form I-130 has submitted I-864EZ. However, the petitioner's income listed on the income tax return provided does not meet or exceed 125% or the poverty line. The petitioner cannot submit for I-864EZ to satisfy the Affidavit of Support requirement. The petitioner must submit a completed and signed form I-864...

I originally submitted a full copy of my 2006 1040 and all W-2's, etc. I didn't have the transcript at the time, but I have it now. Wages from W-2 = $70,000. Poverty line is $16,500 for two people, right? Seems like I have more than enough income.

We have 87 days to respond to the RFE.

A side note about the online account access: They updated the date (a soft touch) but no info about this RFE on there.

[Steph0814 1]

Evan and Asolana,

So sorry to hear. By best wishes to get eveything corrected. Did you get the RFE in the mail or by email?

I have had no touches, no emails, no updates. I am wondering if i am going to get an rfe today in the mail.

Its quite discouraging at time eh?

[Mrs D. 13]

No updates nor touches

The good thing is, after going back and forth with his company my husband is staying in the U.S. (they wanted to transfer him overseas again). We're hitting the road today and going to Chicago together. So I'm really happy I don't have to be stuck here alone.

[Mrs D. 13]

Evan and Asolana,

So sorry to hear. By best wishes to get eveything corrected. Did you get the RFE in the mail or by email?

I have had no touches, no emails, no updates. I am wondering if i am going to get an rfe today in the mail.

Its quite discouraging at time eh?

It definitely is

Michael tells me I should stop checking online case status 3 times a day and only look once a week or so.. I know he's right

Funny thing I never did that going through K-1, cause I was employed and quite busy, we were together too so it didn't really matter and it seemed like the approval came through so quickly as opposed to now

[sweetpiano 0]

I was wondering if I could take my wife to UK while she is on AOS process. Any ideas guys?

Your wife needs to apply for Advance Parole, Form I-131. It is free for AOS applicants as long as she attaches a copy of the NOA for I-485.

Here's the info:

Emergency Travel

How Do I Get a Travel Document?

Application for Travel Document

[sweetpiano 0]

Today I received a request for evidence, I don't even understand why so tomorrow I'll go to an InfoPass appointment and see what's up. This is exactly what it says.

Form I-864 Affidavit of Support was submitted, however, it was not from the petitioner/sponsor.

In order to process your application further, submit a completed and signed form I-864 for the petitioner/sponsor listed on form I-130.

For more specific information, See form I-864 instructions, page 2, "Who completes and signs form I-864?".

My wife isn't working and she hasn't ever worked so there's no way she can be my sponsor so my wife's uncle, was the one that signed the sponsorship.

Hope this isn't gonna affect my case so much because it also says that my employment authorization will be now processed 90 days from the receipt of my missing intial evidence =[ that's sad.

Even though your wife does not make enough money to support you and thus sponsor you directly, she must complete a Form I-864, that's exactly what the RFE is saying.

Also, as per I-864 instructions, page 2, "Who completes and signs form I-864?":

Paragraph 1: "The petitioning sponsor must sign and complete Form I-864, even if a joint sponsor also submits an I-864 to meet the income requirement."

Bullet point 1: "The list below identifies who must become sponsors by completing and signing a Form I-864: The U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member..."

[sweetpiano 0]

We received an RFE today.

Two issues listed:

1) In order to process your application further, the petitioner on form I-864EZ must submit all Federal income tax documentation for most recent tax year...

My accountant filed an extension for my 2007 income taxes so they haven't been filed (thus 2006 is the last year I filed). Perhaps they're looking for 2007 since we sent our application in April 17th? Maybe I should have sent the 2007 extension documents?

2) The petitioner on form I-130 has submitted I-864EZ. However, the petitioner's income listed on the income tax return provided does not meet or exceed 125% or the poverty line. The petitioner cannot submit for I-864EZ to satisfy the Affidavit of Support requirement. The petitioner must submit a completed and signed form I-864...

I originally submitted a full copy of my 2006 1040 and all W-2's, etc. I didn't have the transcript at the time, but I have it now. Wages from W-2 = $70,000. Poverty line is $16,500 for two people, right? Seems like I have more than enough income.

Evan, I will try to help, starting with issue 2.

It looks like the phrase about the petitioner's income not meeting or exceeding 125% of the poverty line is a standard phrase USCIS includes just so they can have a quick reason to put down for the RFE. My husband's income also exceeds 125% of poverty line (which is $17,500 for two people, BTW), and they also included this phrase in our RFE, when in fact they wanted something else, so you need to read between the lines. To me it looks like they wanted you to submit Form I-864 instead of I-864EZ, which is the shorter version. There are certain criteria which need to be satisfied in order to be able to file I-864EZ, and I'm sure you know them, but for the benefit of others, here they are (I-864EZ instructions, page 1, "Who May Use Form I-864EZ?":

You may use Form I-864EZ IF ALL the following conditions apply:

1. You are the person who filed or is filing the Form I-130, Petition for Alien Relative, for a relative being sponsored;

2. The relative you are sponsoring is the only person listed on the Form I-130 petition;

3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s).

Evan, I assume you checked these out and decided you qualify, and that you included W-2's that show that all the income on the affidavit comes from your salary. I think the Officer did not want to bother to verify that you meet all these criteria, maybe your tax paperwork was somewhat complicated (you said you have an accountant), and decided to request you file the long Form I-864 instead of the EZ.

So I think this is what you need to send back - a completed I-864, together with all the tax documentation!

Issue 1. Did you send W-2's and all the other tax documentation to substantiate the 2006 tax returns? If you did, then my reading between the lines tells me that for USCIS "the most recent tax year" means 2007, and not any other year for which tax returns may be available. They want your current and most recent income to be satisfied that you meet the sponsorship limits. I say, file those 2007 taxes and send USCIS a copy, plus of course all the supporting documentation (W-2's etc.) Have your accountant prepare your tax return with the best available information and you can always send IRS amendments of your tax return at a later time, as long as the changes to income are not material from USCIS's standpoint. By all means, if you want, include the 2006 transcripts. But you only have one chance to reply to the RFE, I heard if they don't get what they want, they may issue a Notice of Intent to Deny.

Here are two attachements with further info: a list of tips on how to assemble the I-864 and how to respond to an RFE. And don't hurry, you've got time. But do file those 2007 taxes.

10_Pitfalls_to_avoid_doing_Affidavit_of_Support.doc

How_to_put_together_RFE_response.pdf

[Rainbow007 0]

I was wondering if I could take my wife to UK while she is on AOS process. Any ideas guys?

Your wife needs to apply for Advance Parole, Form I-131. It is free for AOS applicants as long as she attaches a copy of the NOA for I-485.

Here's the info:

Emergency Travel

How Do I Get a Travel Document?

Application for Travel Document

We filed for AP with i-485 last month but I wonder how long it will take be approved?

[sweetpiano 0]

We filed for AP with i-485 last month but I wonder how long it will take be approved?

According to USCIS processing times for the NBC, right now they are processing AP's filed late February. I heard it takes ~3 months.

Edited May 28, 2008 by sweetpiano

[DanielParul 50]

It definitely is

Michael tells me I should stop checking online case status 3 times a day and only look once a week or so.. I know he's right

Funny thing I never did that going through K-1, cause I was employed and quite busy, we were together too so it didn't really matter and it seemed like the approval came through so quickly as opposed to now

Hehe... I m so obssesed with checking the case status online all the time and embarassed too that I have stopped telling Daniel at all Also I keep a lookout for he mailman so as soon as he has delivered the mail I get it in to see if there is anything from the USCIS..

Am I going crazy???

[Steph0814 1]

No Danielparul,

You are not, and if you are so am i. Everytime I go out to do errands I come ask my hubby if he saw the mailman yet today. LOL.