Filed, but I have questions

[MDRussell0779 0]

Hi all,

I sent in my package yesterday.. it had the 485, 130, 765, and the accompanying g25as.

I also sent along a copy of our joint lease, tax return, and some wedding pictures.

What will I need to bring to the interview? I didn't file the 864, because well, I'm the one that works in our marriage. My wife is a stay at home mom.. do I need to bring one of those to my interview? Or will that really not matter?

My timeline is below, but I'll just re-state, I'm on a TN sci-tech right now.

Thanks

Mitch

[Darnell 8,479]

expect an RFE on the I-864.

[katie & sifa 25]

Wait, do you mean you didn't file the I-765 (EAD)? The I-864 is the affidavit of support, which is required.

[trillium13 84]

expect an RFE on the I-864.

Yes. That is a required form needed to process your application. She's still your petitioner/sponsor, regardless of who is doing the working. I don't know anything about the TN but you may or may not need a medical.

When you get your interview notice there will be a list of what to bring. Until then I suggest you read through the guides here.

[lovelyalex 99]

You'll need to bring everything you filed to the interview, copies etc. original ID, birth certs etc. But nearer the time when you get your interview notice it'll tell you what you need to bring, as well as whatever you can to prove your relationship is genuine and bona fide. but as Darnell said, expect a RFE before then.

[cherryblossom2010 0]

As everyone said I-864 is an required document so you will be asked by the USCIS to submit the form so you might want to prepare the document so that you can send out once you get the RFE! Good luck

[MDRussell0779 0]

As everyone said I-864 is an required document so you will be asked by the USCIS to submit the form so you might want to prepare the document so that you can send out once you get the RFE! Good luck

Thanks everyone. I'm mad at myself for missing the 864.

How long does an RFE notice take to receive? I'll of course overnight the form back to them.. I just hope I didn't delay my application by weeks or something.

[MDRussell0779 0]

Thanks everyone. I'm mad at myself for missing the 864.

How long does an RFE notice take to receive? I'll of course overnight the form back to them.. I just hope I didn't delay my application by weeks or something.

Also, another question.

For the I864, I'm a bit confused as to what I need to include..

I printed our joint tax return for 2009 and my W-2. She has no income, so it'll be my income that we use to file the 864..

But one of the checklist items is that I somehow prove I'll have my income from the same source.. IE, I'll be keeping my job. How do I prove that? I'm moving from a TN to the GC.. my employer doesn't care about my status, so nothing will change.. do I need to get a letter from them?

If so, what should it say?

Thanks

Mitch

[lovelyalex 99]

I know you situation is very different from mine and my husband, but we got a letter from his work confirming his job title, hours worked, how long he has been at ____ and his annual salary. If you ask your HR department they should be able to do this for you on company letter head/with full contact details etc.

I haven't experienced a RFE myself so I don't know how long you may be waiting for them to get back to you. Don't try and pre-empt it though, wait until they contact you and then send it in. I've read posts on here where people have sent stuff in realising their errors and its causes all sorts of added delays and hassles, not to mention lost paperwork.

[MDRussell0779 0]

I know you situation is very different from mine and my husband, but we got a letter from his work confirming his job title, hours worked, how long he has been at ____ and his annual salary. If you ask your HR department they should be able to do this for you on company letter head/with full contact details etc.

I haven't experienced a RFE myself so I don't know how long you may be waiting for them to get back to you. Don't try and pre-empt it though, wait until they contact you and then send it in. I've read posts on here where people have sent stuff in realising their errors and its causes all sorts of added delays and hassles, not to mention lost paperwork.

No worries on pre-emtping I just finished filling out the form and will get the documentation together.. hopefully I get my RFE quick

Mitch

[MDRussell0779 0]

Question:

Doing some reading.. I'm not really sure WHY the 864 would be required for me.. I found this, that the 864 is not required if ...

"Immigrants who have already worked or can be credited with 40 qualifying quarters of work as defined in title II of the Social Security Act.... When the beneficiary has already worked, or can be credited with, the 40 qualifying quarters at the time of filing for the I-485 or the immigrant visa, I-864 is not required as it would serve no purpose, since there would be no support obligation. "

I'm on a TN Work visa and have been here since August 2008, and have filed two tax returns to the IRS showing I can easily support myself.. (I actually included our 2009 tax return in my I130/I485 package), so I'm curious why I wouldn't then meet this exemption.

Any thoughts?

Edited February 25, 2010 by MDRussell0779

[trillium13 84]

40 quarters of work=10 years.

[MaddyCruise 2]

I-864 is Affidavit of Support. That's why they required you to submit the form to show them that you can support your wife. So if you don't file it as they said expect an RFE. That's one of the main factor of the AOS. It's always better to include the form they asking you to send, because RFE can delay your application.

Goodluck to you~

Edited February 25, 2010 by MaddyCruise

[MDRussell0779 0]

I-864 is Affidavit of Support. That's why they required you to submit the form to show them that you can support your wife. So if you don't file it as they said expect an RFE. That's one of the main factor of the AOS. It's always better to include the form they asking you to send, because RFE can delay your application.

Goodluck to you~

Thanks.. Just seems silly, because I'm the immigrant. My wife is a stay at home mom, so I'll be supporting us

Anyhow, I'll wait for the RFE and get it filed

Mitch

[Darnell 8,479]

other I-864 stuff.

1. the petitioner (the usc spouse) is the primary sponser on the I-864.

2. is possible to use beneficiary's (foreign spouse) assets for i-864. there are some guidelines for this, buried in the instructions.

3. in other 'case types' - where the primary sponser does not meet the poverty guidelines, a CO-SPONSER is required, and gotten. I think with a bit more research, you can figure out that you need to 'self-sponser' and prepare a solid I-864 reflecting 'self-sponser' status.

Good Luck !