I-864 and Advanced Parole Question

[tony1343 0]

Hi,

So we are finally getting around to adjusting status (married about a month ago, 2 months after she came over).

Seems like this process is much more relaxed, since she's already over here and we are married. More of a formality now. Is that true? Or do people get rejected like they do at the K-1 visa process / interview?

For my real question, I'm in middle of filling out the I-864. I thought I had copies of everything from the K-1 visa application process. Looks like I do, for everything but my financial information (no idea why not). I just called in to the IRS to get tax transcripts for the past three years. Hopefully that will come quickly. We wanted to mail it off Tuesday, but I guess we will be waiting a few weeks now. Hopefully she won't be too mad. Though I do have copies of my 1040 for 2007 and 2008, but not 2006 (though I have my state return from 2006 showing AGI). I may or may not have my W-2s from these years (I think I can download it from my employer for at least 2008 and 2007). Should I wait for the tax returns, or just send it off with that?

Also, do I need to bother getting a letter from my employer? Last time it was a big hassle. My income is way over the poverty limits (and I figure I'll send my 2009 W-2, though my return won't be ready yet).

I would say just wait (and get the employer letter), but we really want to get this in soon with a request for advance parole. She wants to go back home and get some finances in order and bring back the rest of her money to the States (which will help us with paying off part of our mortgage). Also she wants to go as soon as possible because we are worried about housing prices dropping there, so the sooner the better.

Which brings me to my last question. Should we file for the advanced parole and pay the extra fee? I've been hearing people say they got the green card in 3 months anyway, but I guess it would be safer to file the I-131 (and pay the fee) in case ours takes longer.

Thanks.

[VanessaTony 3,567]

Hi,

So we are finally getting around to adjusting status (married about a month ago, 2 months after she came over). Congrats

Seems like this process is much more relaxed, since she's already over here and we are married. More of a formality now. Is that true? Or do people get rejected like they do at the K-1 visa process / interview? Not at as high a rate but yes they do. There are methods for appeal however. All you need to worry about is mailing in the paperwork and showing proof of your life merging and bonafide relationship (her name on your accounts, health insurance, lease, bills, photos, wedding pics etc etc)

For my real question, I'm in middle of filling out the I-864. I thought I had copies of everything from the K-1 visa application process. Looks like I do, for everything but my financial information (no idea why not). I just called in to the IRS to get tax transcripts for the past three years. Hopefully that will come quickly. We wanted to mail it off Tuesday, but I guess we will be waiting a few weeks now. Hopefully she won't be too mad. Though I do have copies of my 1040 for 2007 and 2008, but not 2006 (though I have my state return from 2006 showing AGI). I may or may not have my W-2s from these years (I think I can download it from my employer for at least 2008 and 2007). Should I wait for the tax returns, or just send it off with that? If you file IRS tax transcripts then the tax returns aren't needed and neither are the 1099's or W2's (it's much easier in my opinion)

Also, do I need to bother getting a letter from my employer? Last time it was a big hassle. My income is way over the poverty limits (and I figure I'll send my 2009 W-2, though my return won't be ready yet). It's not needed. it's an extra if you think it will help your case but not required.

I would say just wait (and get the employer letter), but we really want to get this in soon with a request for advance parole. She wants to go back home and get some finances in order and bring back the rest of her money to the States (which will help us with paying off part of our mortgage). Also she wants to go as soon as possible because we are worried about housing prices dropping there, so the sooner the better.

Which brings me to my last question. Should we file for the advanced parole and pay the extra fee? I've been hearing people say they got the green card in 3 months anyway, but I guess it would be safer to file the I-131 (and pay the fee) in case ours takes longer. There is no extra fee for AP. If you apply for EAD and AP at the same time as AOS, the fee for AP and EAD are waived. It's $1010 for AOS and the other fees are just waived..

Thanks.

Check out this thread for more info: http://www.visajourney.com/forums/index.php?showtopic=235331

Edited February 8, 2010 by Vanessa&Tony

[trillium13 84]

It shouldn't take more than a week to 10 days to get your tax transcripts. They should have all the info USCIS needs and are easiest for them to figure out. We didn't send a letter from my employer with our AOS-but we did bring one to the interview. As far as AP, if you're filing with the AOS there is no extra fee for that.

[tony1343 0]

Great thanks. I'll wait for the tax transcripts. I knew there was no extra fee for the EAD, but didn't realize it was the same for the AP.

Is it necessary to send evidence of a bona fide relationship? None of that stuff appears to be required anywhere in the instructions. Perhaps needed if there's an interview, so good to get it together.

That makes me think, we probably need to get more of our finances together. Only if the bank was ever open when I don't have to be at work.

[payxibka 10,045]

Great thanks. I'll wait for the tax transcripts. I knew there was no extra fee for the EAD, but didn't realize it was the same for the AP.

Is it necessary to send evidence of a bona fide relationship? None of that stuff appears to be required anywhere in the instructions. Perhaps needed if there's an interview, so good to get it together.

That makes me think, we probably need to get more of our finances together. Only if the bank was ever open when I don't have to be at work.

I opened a bank account with an online bank... they were open 24 hrs a day 7 days a week....

[Anh map 2,098]

An employer letter along with recent paystubs are evidence of your current and ongoing income which is what the adjudicator uses to evaluate the I-864.

[VanessaTony 3,567]

Great thanks. I'll wait for the tax transcripts. I knew there was no extra fee for the EAD, but didn't realize it was the same for the AP.

Is it necessary to send evidence of a bona fide relationship? None of that stuff appears to be required anywhere in the instructions. Perhaps needed if there's an interview, so good to get it together.

That makes me think, we probably need to get more of our finances together. Only if the bank was ever open when I don't have to be at work.

The evidence of relationship isn't until (and if) you have an interview (not all people do).

While you CAN submit letters from work and pay stubs, the instructions state they are not required (just if you think it will help).