UK AOS 2009 Thread

[rocks 494]

Applying for AOS requires the I-864 Affidavit of Support. The instructions for that for say on p. 8

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year.

and a lttle farther down that page it says:

If you provide a photocopy of your tax return(s), you must include a copy of each and every FormW-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy.

So if I'm understanding, you sent only a W2 with the I-864. Then you got a RFE and wondered why they wanted a W2 when you already sent one. Then customer service told you to send a W2. So you sent W2 only again.

I think you've missed the basic instructions of sending a tax return or transcript of your tax return. That's why I suggested you use that copy you made of the RFE letter to send the tax transcripts right now without waiting. The RFE photocopy should get the tax information routed to your file. I guess you need to see where the RFE letter should go. If the address isn't California (where the case is now) then maybe a call or infopass appointment to verify how to get the tax transcipt to your file at CSC would help.

About the customer service person. They don't look at your file or have much access to your specifics. I think the biggest cause for AOS RFEs that I see over and over again on VJ is failure to included W2s when sending the photocopy of the tax return. So maybe the lady was not understanding you and was giving the standard answer of "send in your W2" since that's the most common mistake that people make with the I-864. You actually did the opposite, sent W2 without the return.

The people that get denial letters are outraged that nobody told them that their RFE answer wasn't enough. It seems that if USCIS asks for some more information (RFE) and the date has expired and they still don't have what they need, then they consider the petition abandoned eventually, and close out the case with a denial. It's just something anecdotal I've read about on VJ and thought I should pass on since Mr/Mrs commented that they would ask again. They might ask for something different later, like medical info, but I don't think they ask for the same info (tax return) twice. Just my opinion based on months of reading and studying this process and nothing more. There are notes in the adjudicators field manual or a memorandum that say the USCIS adjudicator can at his own discretion determine from a W2 that there is enough money to support an alien and do not have to ask for anything more. But because somebody sent you an RFE, then that means the W2 alone didn't satisfy the person that sent it.

the file is in lee's summit, mo. should it be in california? i tried to make an infopass appointment but they only have week day appointments and my husband cannot take any time off work to take me there during the week. it is over 1.5 hours drive away and i don't have a license, i was thinking i could try and get a greyhound bus to new orleans but i don't know how i would get to the office from there, it's not even in new orleans it's in an adjoining parish quite some distance away...

i sent the photocopy as you suggested and i just hope that it makes it to my file... thanks for that advice.

they had the tax transcripts for 2007, which at the time of filing was the most recent years tax information as the tax year had not ended at that point. surely they know all of this? i can't help but feel like they are making this very difficult for no reason..?

[Nich-Nick 3,354]

No on California. I was lost in the thread and thinking you had said it was transferred. Sorry. I'm lost on what your sent initially with the application, what you sent on the RFE reply, and if you sent a second/extra RFE reply. And not knowing the exact wording of the RFE we are all speculating.

[rocks 494]

No on California. I was lost in the thread and thinking you had said it was transferred. Sorry. I'm lost on what your sent initially with the application, what you sent on the RFE reply, and if you sent a second/extra RFE reply. And not knowing the exact wording of the RFE we are all speculating.

hehe it's ok. i really appreciate your help! thank you so much. you're a star!

initially we only sent w-2 because it was the only tax information we had along with employers letter stating earnings etc. they already had tax transcripts for 2007 from my interview in london for the k-1 visa in december. because we applied for aos before the end of the tax year there wasn't a way for us to have the transcripts but i now understand that we should have sent the documents from turbo tax to satisfy them.

to clarify the rfe is worded as follows..

"in order to process your application further, the petitioner/sponsor on 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.

for more specific information, see form i-864 instructions page 8, 'federal tax information'"

the most recent tax year information was 2007 as 2008 was not available and they already have that as i said before. so upon receipt of the rfe i instantly called the customer service line, twice, to ask what it was exactly that they were asking for because as far as i was concerned i had already sent them everything they needed. on both calls i was told w-2 was fine but if i really wanted to know i had to make an infopass appointment. we had literally just pulled up at the house after dropping off my family at the airport in new orleans and were about to go on our honeymoon the same day so we didn't have time to go back there to verify what was wrong... i figured they had just lost the w-2 as i was told by customer service that they sometimes ask for the same information to be provided again. so i went to all the trouble to get another copy of the w-2 and send it in as tax transcripts still weren't available at that time and the irs would not accept any calls until after the end of the tax cut off date. so i sent in the w-2 with the original letter two weeks ago, only to learn now that the customer service people gave us the wrong information.

i got the tax transcripts for 2008 yesterday so today i took your advice and printed the scanned copy of the rfe letter. i sent that to them along with a long note about how i was given misinformation and how i hoped that it would still get attached to my file (after all they are human, right? ) and of course the 2008 tax transcripts.

i wonder if this is going to be enough though? do i need to speak to someone to make sure that they acknowledge the transcripts that i sent? should i involve our congressman or something to ensure i don't get screwed over by this mistake?

[Nich-Nick 3,354]

I think you have done exactly the right thing for now. I think your letter explaining the second sending ought to get it all straight.

I believe where you went wrong was thinking they would see the tax return in your file from London. The AOS procedure is kinda like starting all over with new documentation as required by the new applications. Maybe your whole file from London hasn't matched up with your new application yet. Maybe even if it was all matched up, they didn't dig into the old stuff to find the tax return because it's supposed to be attached with the I-864 as a new Affidavit of Support.

You probably should follow up in the coming weeks to see if the case status is resumed processing or pressing to speak to an IO just to be sure. Give them a little time to match it up, but before the deadline of the RFE. Good luck.

[rocks 494]

I think you have done exactly the right thing for now. I think your letter explaining the second sending ought to get it all straight.

I believe where you went wrong was thinking they would see the tax return in your file from London. The AOS procedure is kinda like starting all over with new documentation as required by the new applications. Maybe your whole file from London hasn't matched up with your new application yet. Maybe even if it was all matched up, they didn't dig into the old stuff to find the tax return because it's supposed to be attached with the I-864 as a new Affidavit of Support.

You probably should follow up in the coming weeks to see if the case status is resumed processing or pressing to speak to an IO just to be sure. Give them a little time to match it up, but before the deadline of the RFE. Good luck.

yeah, i guess i was asking too much of these people, lol. i just wish the rfe had been a bit clearer but that doesn't matter now. when i called them yesterday i guess i sounded a bit stressed out the lady was really nice and put me through to someone who was very helpful and could actually see my case, despite being told on the two calls before that no one can look at my case without making an infopass appointment. he could see my first response was added to my case on tuesday so i will try and get through to them again after a little bit of time has passed. thanks for all your advice! i feel a bit better now. i hope you have a good weekend.

[Talyss 0]

Best of luck with getting the RFE resolved rocks

[rocks 494]

Best of luck with getting the RFE resolved rocks

thank you! i hope you don't have to deal with anything like this!

[Big Papa Zone 93]

Good morning UK friends. Somebody recently asked me for my list of what I sent for AOS. This is modified from my cover letter and may help some of you get the big picture of what to start preparing. This is for K1s.

I-485 (Adjustment of Status)

Photographs (2) of immigrant (passport type)

Photocopy of birth certificate of immigrant with translaton

Photocopy of passport biographical page and K1 visa page

Form G-325A Biographic Information Sheet (immigrant)

Form I-864 Affidavit of Support (by USC) with photocopies of supporting documents: This varies by each applicant so here's generic suggestions

---Employment letter

---3 tax returns including copies of W2s (Photocopy)

---six recent pay stubs (Photocopy)

(If needed)Form I-864 Affidavit of Support (by Co-sponsor) with photocopies of supporting documents:

---Proof of co-sponsors citizenship/status, ie US birth ceritificate, bio page of passport, naturalization papers, or LPR status

---Employment letter

---3 tax returns including copies of W2s (Photocopy)

---six recent pay stubs (Photocopy)

Photocopy of I-797 Notice of Action, I-129 Petition Approval Notice from USCIS (That's your NOA2)

Certified copy of Marriage Certificate

Photocopy of Form I-94 Arrival/Departure record (card from the plane, may be stapled in passport)

Form I-693 with the immunization section filled out by a US Civil Surgeon, signed and sealed by him. Read the instructions for the form.

or DS-3025 from UK medical if all shots were completed at Knightsbridge if you want to take that chance

I-765 (Employment Authorization)

Photographs (2) of immigrant (passport type)

Photocopy of passport biographical page and K1 visa page

Photocopy of Form I-94 Arrival/Departure record

I-131 (Advance Parole travel document)

Photographs (2) of immigrant (passport type)

Statement of circumstances that warrant issuance of advance parole

Photocopy of passport biographical page and K1 visa page

Photocopy of Form I-94 Arrival/Departure record

And a check for $1010 made out to the Department of Homeland Security

That's 3 separate applications with supporting evidence all mailed together in one envelope with one check. They will get processed in different places, so that's why the duplication of evidence. You don't have to do all three, but the second two are free if sent with the AOS and will get you authorized to work or travel sooner than waiting for the green card to arrive in most cases. Green card could take 6 months. Work and travel 60-90 days.

Do not work until the I-765 is approved and you have the EAD card

Do not leave the US until the I-131 is approved (K1s) and you get the travel documents or you will not be allowed back in. Once you have a green card, then no problem.

OK, quick question: does any of this documentation need notorizing? The I-864's maybe? Just need to know exactly where I am with this; after reading what happened to Rocks, I do NOT want any poxy RFE's.

[Terri and Seb 0]

Biometrics was done on the 24th and today we received a notice saying our case was transferred to CSC! Yay!

[Shelly&Jay 0]

I just found this thread.

We've been married for about 10 months now. Just filed AOS April 6, 2009. Jay is working on O1 visa until it runs out July 24, 2009.

Good luck to everyone!

[Nicoxcx 1]

Damian, As far as I know, nothing needs to be Notarised. (Hopefully Nich will answer to be 100% sure)

TerriandSeb, Congratulations! That means no interview right?.

ShellyandJay welcome to the thread, heres to a quick approval!.

I got my letter for biometrics in the mail last Thursday, my appointment is next Tuesday!.

[Jason&Sarah 0]

Just an update - Sarah was able to get her SSN on Friday...easy as chips. We had a lady who know exactly what to do! So she should have the SSN in a couple weeks.

Also, we got our NOA's last week for the I-485 and I-765 (we didn't apply for I-131). Still waiting for Biometrics.

[Big Papa Zone 93]

Damian, As far as I know, nothing needs to be Notarised. (Hopefully Nich will answer to be 100% sure)

That's what I thought, but I just want to be sure. And yes, I'm waiting for Nich to respond too!

[English Muffin 59]

Damian, As far as I know, nothing needs to be Notarised. (Hopefully Nich will answer to be 100% sure)

That's what I thought, but I just want to be sure. And yes, I'm waiting for Nich to respond too!

Nothing needed to be notarised last April when I sent mine off, and as far as I'm aware that hasn't changed.

[Nich-Nick 3,354]

Nich is back. I've been wheeling and dealing this morning thinking about buying a house.

Nothing has to be notarized or notarised. 100% sure. Final answer.

The Form I-864 and Form I-864A, however, provide that they are signed “under penalty of perjury.” Thus, 28 U.S.C. 1746 (which deals with the legal effect of unsworn statements) makes it unnecessary for Form I-864 and Form I-864A to be signed in the presence of or certified by a notary public or an Immigration or Consular Officer. Note that the jurat has been removed from the January 15, 2006 edition of the Forms I-864 and I-864A. Form I-86EZ is a newer form, and therefore never had the jurat.

From an "everything you could want to know about the I-864" memorandum. (p.4 of 27 pages, which I have read in entirety.)

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf