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Hi there. My wife and I have been having problems with the AoS (filed after obtaining a K1 and getting married) thing since day one. Our first petition was rejected as a page was not mailed along with the rest, so we had to refile. We got a successful NOA and then my biometrics, which was yesterday.

However, three days ago we recieved a 2 page yellow letter from Homeland Security requesting "initial evidence (I-485)"

I'm not really sure what it's asking for, and I'm also not sure how this will affect my waiting period for EAD (I very much want to just get back into work now). The letter states:

The office is unable to complete the processing of your application to register permanent residence of adjust status (foprm I-485) without initial information. Submit ALL the information requested below at one time. Failure to do so will result in a denial. You must submit the information within 87 days to the following address (address. Include this letter. Blah blah blah)

The servic will process your form I-765 application for employment authorization within 90 days of reciept of your missing evidence. This is ursuant to title 8, code of federal regulations, section 103.2(B)(10)(ii).

All copies must be clear and legible. (blah blah, English translation)

If you have questions (blah blah, call customr service center. My wife said I should ask Visa Journey before calling the number)

[x] In order to process your application further, the petitioner/sponsor on Form I-864, Affidavit of Support, must submit all supporting tax documentation (W-2s, 1099s, etc) submitted to the internal revenue service (IRS) for most recent tax year.

[x] For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the United States (--I have NO idea what this means)

In order to process your application further, submit evidence that the household member on Form I-864 Affidavit of Support, or Form I-864A Contract between Sponsor and Household Member, was authorized to work in the United States. Examples include one of the following:

[] A copy of Form I-94, Arrival/Departure Record showing a non-immigrant classification that allows the intending immigrant/household member to work lawfully in the US. Examples include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, TN. (-- No clue what this means)

[] A copy of valid EAD issued by US Citizenship & Immigrant Service (USCIS)

[] A copy of Form I-94 Arrival/Departure Recoird with Employment Authorized or similar annotated by port-of-entry personnel.

[] A copy of valid Form I-551 or Form I-151, Lawful Permanent Resident Card.

[] A copy of a valid I-551 stamp in passport or on form I-94 stating "Temporary Proof of Permanent Resident status" or similar stamped by USCIS district office personnel or Customs and Border Protection port-of-entry personnel.

[] A copy of a birth certificate issued by the proper civil authority showing birth in the United States.

[] A copy of the biographical information page of the US passport.

[] A copy of the certificate of Naturalization.

[] A copy of the Certificate of Citizenship.

For the most current version of Form I-864A, including the instructions, go to "Immigration Forms" at (website/phone number)

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Page 2

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The office is unable to complete the processing of your application to register permanent residence of adjust status (foprm I-485) without initial information. Submit ALL the information requested below at one time. Failure to do so will result in a denial. You must submit the information within 87 days to the following address (address. Include this letter. Blah blah blah)

The servic will process your form I-765 application for employment authorization within 90 days of reciept of your missing evidence. This is ursuant to title 8, code of federal regulations, section 103.2(B)(10)(ii).

All copies must be clear and legible. (blah blah, English translation)

If you have questions (blah blah, call customer service center.)

[x] The household member on the petitioner/sponsor's Form I-864, Affidavit of Support must submit all Federal income tax documentation submitted to the Internal Revenue Service (IRS) for the most recent tax year.

In order to process your application further, the household member needs to submit Federal income tax documents for the most recent tax year.

For more specific information, see Form I-864A insutrctions, page 2 "Household Member's Federal Income Tax Information". For the most recent version of Form I-864A including the instructions, go to "Immigration Forms" at (website/phonenumber)

[x] The household member on the petitioner/sponsor's Form I-864. Affidavit of Support/Form I-964A. Contract Between Sponsor and Household Member must submit all supporting tax documention (W-2s, 1099s, etc.) submitted to the Internal Revenue Service (IRS) for the most recent tax year.

In order to process your application further, the household member needs to submit Federal income tax documents for the most recent tax year.

For more specific information, see Form I-864A insutrctions, page 2 "Household Member's Federal Income Tax Information". For the most recent version of Form I-864A including the instructions, go to "Immigration Forms" at (website/phonenumber)

[x] The joint sponsor on Form I-864, Affidavit of Support, must be a United States Citizen, United States National, or Lawful Prmanent Resident of the United States.

In order to process your application further, submit evidence of the joint sponsor's status.

For more specific information, see Form I-864 instructions, page 3, "What is a joint sponsor?" for the most current version...

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So... that's two pages of legal mumbo jumbo which I just plain don't understand. What is it that Homeland Security are asking my wife and I to send them?

A thing to note is that during the submittion we had her and her dad both send in Affidavit of Support documents for me, because she felt that a server's pay is too hard to keep a track on (mostly being paid via tips and all) so her father, who had a stable income, would be able to co-sponsor and be more reliable. He lives at a different address. But we did make mention of it in our cover letter during the AoS/EAD application.

So, could anyone help us out, or should we just call up Homeland and ask them?

Thanks for wading through that wall of text, by the by.

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

I guess (and i am not a specialist)

That you need a proof that his dad is a US citizen (birth certificate, passport)

the most recent complete tax document with w2/1099 for her and her dad

this is my understanding

Removal of conditions

01.11.2011 Remove conditions GC I-751 ($590)

01.18.2011 NOA1

02.24.2011 Biometric

03.25.2011 Approved

03.28.2011 Notice sent

03.31.2011 Received new green card (and it's green !)
 

AOS/EAD/AP from K1

07.23.2008 Send AOS/EAD/AP

07.29.2008 Check cashed

08.01.2008 NOA1

08.08.2008 Biometric Notice received

08.21.2008 Biometric Appointment

09.22.2008 Approval notice sent for AP (CRIS email)

09.22.2008 Card production ordered for EAD (CRIS email)

09.25.2008 Card production ordered for EAD (CRIS email) and a couple of touch since (last one 09.30.2008)

09.27.2008 Reception AP

10.02.2008 EAD Received

02.23.2009 Notice for interview (1.5 month late compared to LA statistics)

03.16.2009 AOS Touch

04.01.2009 Interview in LA  // Approved 

04.06.2009 Welcome to the USA Letter

04.13.2009 Reception GC

Naturalization
06/2016 Request
03/2017 Interview

Almost at the end !

 

Filed: Citizen (apr) Country: England
Timeline
Posted

That was my understanding too.

N-400 Journey

June 9th 2012 - Application sent

June 14th 2012 - NOA sent

June 28th - Biometrics letter sent -- July 26th Appointment date

July 12th 2012 - Early Biometrics/Walk-in

August ( ) - Interview letter received -- September 14th Interview date

September 14th 2012 - Interview! Oath date in hand, September 20th @ noon!

Filed: AOS (apr) Country: Zambia
Timeline
Posted
Hi there. My wife and I have been having problems with the AoS (filed after obtaining a K1 and getting married) thing since day one. Our first petition was rejected as a page was not mailed along with the rest, so we had to refile. We got a successful NOA and then my biometrics, which was yesterday.

However, three days ago we recieved a 2 page yellow letter from Homeland Security requesting "initial evidence (I-485)"

I'm not really sure what it's asking for, and I'm also not sure how this will affect my waiting period for EAD (I very much want to just get back into work now). The letter states:

The office is unable to complete the processing of your application to register permanent residence of adjust status (foprm I-485) without initial information. Submit ALL the information requested below at one time. Failure to do so will result in a denial. You must submit the information within 87 days to the following address (address. Include this letter. Blah blah blah)

The servic will process your form I-765 application for employment authorization within 90 days of reciept of your missing evidence. This is ursuant to title 8, code of federal regulations, section 103.2(B)(10)(ii).

All copies must be clear and legible. (blah blah, English translation)

If you have questions (blah blah, call customr service center. My wife said I should ask Visa Journey before calling the number)

[x] In order to process your application further, the petitioner/sponsor on Form I-864, Affidavit of Support, must submit all supporting tax documentation (W-2s, 1099s, etc) submitted to the internal revenue service (IRS) for most recent tax year.

[x] For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the United States (--I have NO idea what this means)

In order to process your application further, submit evidence that the household member on Form I-864 Affidavit of Support, or Form I-864A Contract between Sponsor and Household Member, was authorized to work in the United States. Examples include one of the following:

[] A copy of Form I-94, Arrival/Departure Record showing a non-immigrant classification that allows the intending immigrant/household member to work lawfully in the US. Examples include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, TN. (-- No clue what this means)

[] A copy of valid EAD issued by US Citizenship & Immigrant Service (USCIS)

[] A copy of Form I-94 Arrival/Departure Recoird with Employment Authorized or similar annotated by port-of-entry personnel.

[] A copy of valid Form I-551 or Form I-151, Lawful Permanent Resident Card.

[] A copy of a valid I-551 stamp in passport or on form I-94 stating "Temporary Proof of Permanent Resident status" or similar stamped by USCIS district office personnel or Customs and Border Protection port-of-entry personnel.

[] A copy of a birth certificate issued by the proper civil authority showing birth in the United States.

[] A copy of the biographical information page of the US passport.

[] A copy of the certificate of Naturalization.

[] A copy of the Certificate of Citizenship.

For the most current version of Form I-864A, including the instructions, go to "Immigration Forms" at (website/phone number)

-

Page 2

-

The office is unable to complete the processing of your application to register permanent residence of adjust status (foprm I-485) without initial information. Submit ALL the information requested below at one time. Failure to do so will result in a denial. You must submit the information within 87 days to the following address (address. Include this letter. Blah blah blah)

The servic will process your form I-765 application for employment authorization within 90 days of reciept of your missing evidence. This is ursuant to title 8, code of federal regulations, section 103.2(B)(10)(ii).

All copies must be clear and legible. (blah blah, English translation)

If you have questions (blah blah, call customer service center.)

[x] The household member on the petitioner/sponsor's Form I-864, Affidavit of Support must submit all Federal income tax documentation submitted to the Internal Revenue Service (IRS) for the most recent tax year.

In order to process your application further, the household member needs to submit Federal income tax documents for the most recent tax year.

For more specific information, see Form I-864A insutrctions, page 2 "Household Member's Federal Income Tax Information". For the most recent version of Form I-864A including the instructions, go to "Immigration Forms" at (website/phonenumber)

[x] The household member on the petitioner/sponsor's Form I-864. Affidavit of Support/Form I-964A. Contract Between Sponsor and Household Member must submit all supporting tax documention (W-2s, 1099s, etc.) submitted to the Internal Revenue Service (IRS) for the most recent tax year.

In order to process your application further, the household member needs to submit Federal income tax documents for the most recent tax year.

For more specific information, see Form I-864A insutrctions, page 2 "Household Member's Federal Income Tax Information". For the most recent version of Form I-864A including the instructions, go to "Immigration Forms" at (website/phonenumber)

[x] The joint sponsor on Form I-864, Affidavit of Support, must be a United States Citizen, United States National, or Lawful Prmanent Resident of the United States.

In order to process your application further, submit evidence of the joint sponsor's status.

For more specific information, see Form I-864 instructions, page 3, "What is a joint sponsor?" for the most current version...

-

-

-

So... that's two pages of legal mumbo jumbo which I just plain don't understand. What is it that Homeland Security are asking my wife and I to send them?

A thing to note is that during the submittion we had her and her dad both send in Affidavit of Support documents for me, because she felt that a server's pay is too hard to keep a track on (mostly being paid via tips and all) so her father, who had a stable income, would be able to co-sponsor and be more reliable. He lives at a different address. But we did make mention of it in our cover letter during the AoS/EAD application.

So, could anyone help us out, or should we just call up Homeland and ask them?

Thanks for wading through that wall of text, by the by.

A bit confusing...was your father-in-law's sponsorship material (including tax return, bank info, etc. etc.) sent WITH your submission as part of the same package? Did your wife submit a complete sponsorship package as well? They seem to want copies of proof of their U.S. citizenship or legal resident status. Seems like they complain of an incomplete submission regarding sponsors. By calling you MIGHT get specific advice on what to do next. Seems as if they say your EAD will be held up, too.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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