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Posted

Hi, I am preparing the necessary form to apply for AoS. I am confident to have the forms filled correctly. Yet I am not sure if the I-864 thing is going to work. My wife does not earn enough. Only with my income are we above the 125 percent treshhold. What happens if USCIS rejects our application because we're "poor"? Will we loose the application fee? I was told that if there are mistakes on some of the forms, USCIS merely sends them back so that they are filled correctly again. But what if the application is rejected due to something fundamental as the I-864 requirements?

Many thanks!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

get a co-sponcer if you are worried

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Hi, I am preparing the necessary form to apply for AoS. I am confident to have the forms filled correctly. Yet I am not sure if the I-864 thing is going to work. My wife does not earn enough. Only with my income are we above the 125 percent treshhold. What happens if USCIS rejects our application because we're "poor"? Will we loose the application fee? I was told that if there are mistakes on some of the forms, USCIS merely sends them back so that they are filled correctly again. But what if the application is rejected due to something fundamental as the I-864 requirements?

Many thanks!

I think they will usually send an RFE asking for a co-sponsor rather than deny the application outright. This has happened to a number of other VJ members. Bear in mind that they could also ask for the co-sponsor at the interview, rather than sending an RFE in advance for it. If you're not sure, better to line up a co-sponsor and be prepared. If you get an RFE, either by mail or at the interview, you'll have a limited amount of time to submit your documents.

If you do happen to get denied for any reason then they will keep the fees.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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

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