AOS FILERS - April 2008

[Rainbow007 0]

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???

Hi DanielParul,

I see in your timeline that you got your SSN even before applying for AOS. Can you please share how you were able to apply for SSN withouth EAD?

[sunnylight 0]

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???

I think almost all of us are like that Though this time I told myself I am gonna check online cases "only" 3 times a day: in the morning, at lunchtime, and one more time before my hubby gets home ( he told me the same: stop checking and don't make yourself "sick" ) ... ok, I still have one more time for today

[DanielParul 50]

Hey rainbow007,

We waited exactly 2 weeks from my arrival into the US and then applied for the SSN (It takes about 2 weeks for the systems to be updated once you enter the US). I carried my passport with the I-94 and the visa and also my marriage certificate. At first the lady at the counter asked me if I had applied for AOS yet as I migh not be in their system yet and I told her that I was told by the Immigration Officer at the airport that it should take 2 weeks That got her to check the system atleast and she found me with my maiden name.

She told me that they can issue the SSN in my maiden name and I can change it later. It was easy really, once I got her to check the system.

I wonder if this is state specific? Do some states issue a SSN and some don't??

[sunnylight 0]

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???

Hi DanielParul,

I see in your timeline that you got your SSN even before applying for AOS. Can you please share how you were able to apply for SSN withouth EAD?

It varies state by state. You should go to the Social Security Office and ask what is needed in order to get SSN. I went to the office like 3 weeks after my arrival ( we were not married yet and even didn't have marriage licence) and had to show them my passport with the visa and hand in an application form. That was all what they needed. And the card arrived in a week.

Edited May 28, 2008 by sunnylight

[DanielParul 50]

I think almost all of us are like that Though this time I told myself I am gonna check online cases "only" 3 times a day: in the morning, at lunchtime, and one more time before my hubby gets home ( he told me the same: stop checking and don't make yourself "sick" ) ... ok, I still have one more time for today

I have already used my '3 times a day' quota Wonder where the mailman is??

[Rainbow007 0]

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???

Hi DanielParul,

I see in your timeline that you got your SSN even before applying for AOS. Can you please share how you were able to apply for SSN withouth EAD?

It varies state by state. You should go to the Social Security Office and ask what is needed in order to get SSN. I went to the office like 3 weeks after my arrival ( we were not married yet and even didn't have marriage licence) and had to show them my passport with the visa and hand in an application form. That was all what they needed. And the card arrived in a week.

Interesting! I'll check with the local office in NJ and hope they can issue my wife with SS card without any prob.

[starlarose 1]

Today we had our biometrics appointment. All went well. Very quick and easy at the Alexandria, VA office.

[sunnylight 0]

Today we had our biometrics appointment. All went well. Very quick and easy at the Alexandria, VA office.

Congratulations !

[soulprovider915 4]

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???

I think almost all of us are like that Though this time I told myself I am gonna check online cases "only" 3 times a day: in the morning, at lunchtime, and one more time before my hubby gets home ( he told me the same: stop checking and don't make yourself "sick" ) ... ok, I still have one more time for today

Actually it's a progressive disease. ha ha You start with a few times a day and then it turns into 10+ times per day. In reality, it's just excitement, completely normal.

[Evan 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.

Thanks so much for your help! Yeah, that's pretty much how I read it as well. I'll give them the I-864 and 2007 1040. Hopefully, that will be enough.

[asolana 0]

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?

Hey Steph

Actually I got a few touches days before I got the letter in the mail, I was so excited because I thought they were about to approve my EAD =[ but yesterday my wife checked our mailbox and we were so nervous to open it because we didn't expect anything from them and it was that damn RFE.

Today we went to an InfoPass appointment and they told us that we just have to re-submit the I-864, one made by my wife and the other one by her uncle who is the co-sponsor. I hope I will get my work permit soon.

Good luck to you and hopefully you will get your EAD soon!!

[DanielParul 50]

Hey Steph

Actually I got a few touches days before I got the letter in the mail, I was so excited because I thought they were about to approve my EAD =[ but yesterday my wife checked our mailbox and we were so nervous to open it because we didn't expect anything from them and it was that damn RFE.

Today we went to an InfoPass appointment and they told us that we just have to re-submit the I-864, one made by my wife and the other one by her uncle who is the co-sponsor. I hope I will get my work permit soon.

Good luck to you and hopefully you will get your EAD soon!!

Wish you good luck and hopefully it will be sorted out soon

[asolana 0]

Hey Steph

Actually I got a few touches days before I got the letter in the mail, I was so excited because I thought they were about to approve my EAD =[ but yesterday my wife checked our mailbox and we were so nervous to open it because we didn't expect anything from them and it was that damn RFE.

Today we went to an InfoPass appointment and they told us that we just have to re-submit the I-864, one made by my wife and the other one by her uncle who is the co-sponsor. I hope I will get my work permit soon.

Good luck to you and hopefully you will get your EAD soon!!

Wish you good luck and hopefully it will be sorted out soon

Thanks!!! wish you the best of luck

[sunnylight 0]

Today we went to an InfoPass appointment and they told us that we just have to re-submit the I-864, one made by my wife and the other one by her uncle who is the co-sponsor. I hope I will get my work permit soon.

Best of luck !!! Hopefully your case will be resumed soon again !!! And you will get your EAD soon too

I can't wait for my work permit as well ...

[Mrs D. 13]

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???

I think almost all of us are like that Though this time I told myself I am gonna check online cases "only" 3 times a day: in the morning, at lunchtime, and one more time before my hubby gets home ( he told me the same: stop checking and don't make yourself "sick" ) ... ok, I still have one more time for today

Actually it's a progressive disease. ha ha You start with a few times a day and then it turns into 10+ times per day. In reality, it's just excitement, completely normal.

We are truly sick and having a crackberry doesn't help...