Got an RFE for AOS and EAD

[Inky 1,110]

In the I-864 instructions proof of citizenship includes birth certificate or copy of the passport. You dont " have " to send it if you previously applied for an I-129F unless you are requested to send it. JMR was requested by RFE for the birth certificate copy. We sent ours because we didnt want to risk RFE or slowing down of the process plus we already had extra copys of it so it wasnt an issue to include it for us.

Also just make sure that its the USC birth cert and not yours because the instructions require the person who is filing for AOS to submit their birth certificate copy.

[JMR 3]

I wasn't too clear...It is evidence that the person on form i-864 was authorized to work in the US. It gives a list of options to send in and one is a US birth cert...

Ive just thought on though it doesnt say sponsor or co-sponsor because they both had to fill in i-864, but in the check list we have we did include my co-sponsors birth cert...we dont ever remember putting my wifes in so...thats probably it lol

[JMR 3]

FINALLY!!!!

After 4 attempts i finally got through to a person who understood what i was talking about !!!

I told her i received a RFE regarding my adjustment of status, asking me to submit tax documentation for the petitioner but i dont understand why because i already submitted all that information. So after her rambling on about me seeking legal help or booking an appointment for infopass(?). She asked me a few questions and we were on the right track She said unfortunately it looks like the forms could have gone missing so all i need to do is follow what it says on the RFE and send them in again and things will start moving again.

So thats all I wanted to know! Just to make sure that I had to get the exact same ones and we hadn't sent in the wrong ones to begin with or something IDK !!!

Damn USCIS you will be the death of me !!!

[marriedtomrg 141]

Happy to hear all your persistence paid off

Just give them what they want and send them off immediately.

Good luck with the rest of your journey!

FINALLY!!!!

After 4 attempts i finally got through to a person who understood what i was talking about !!!

I told her i received a RFE regarding my adjustment of status, asking me to submit tax documentation for the petitioner but i dont understand why because i already submitted all that information. So after her rambling on about me seeking legal help or booking an appointment for infopass(?). She asked me a few questions and we were on the right track She said unfortunately it looks like the forms could have gone missing so all i need to do is follow what it says on the RFE and send them in again and things will start moving again.

So thats all I wanted to know! Just to make sure that I had to get the exact same ones and we hadn't sent in the wrong ones to begin with or something IDK !!!

Damn USCIS you will be the death of me !!!

[newlyweds2010 208]

I didn't send my wife's birth certificate either, I've never read anywhere that you have to send that too.

[newlyweds2010 208]

Ok, I read the whole thread and now I got it. Still it seems ridiculous to me that now they want proof of citizenship of the petitioner, since they already got a copy of passport and birth certificate at the K1 stage. Also, we are adjusting status based on the express condition that we married a US citizen: it would be a little bit late now for USCIS to have this kind of doubts.

Unless they want the co-sponsor's birth certificate, because they have no idea yet who the co-sponsor may be.

[Inky 1,110]

Ok, I read the whole thread and now I got it. Still it seems ridiculous to me that now they want proof of citizenship of the petitioner, since they already got a copy of passport and birth certificate at the K1 stage. Also, we are adjusting status based on the express condition that we married a US citizen: it would be a little bit late now for USCIS to have this kind of doubts.

Unless they want the co-sponsor's birth certificate, because they have no idea yet who the co-sponsor may be.

The k1 does not matter, you are doing AOS and thats a whole different petition which is why they ask for new documents and you need to send them all. Even if you " sent them before with another petition " Its not 'with' the k1, just the medical from the k1 - AOS is its own thing hence all the new documents they request. Not to mention the fact they match things up and see if your lying or if someone stole your petition/ number and are trying to AOS but its not you.

[newlyweds2010 208]

Well, in fact the K1 does matter as they want a copy of it and the marriage certificate showing that you married the petitioner. Plus they make us travel with the thick envelope that the US consulate/embassy gave us, which more than likely contains all the info about our case.

Oh, and they take our fingerprints at the consulate, at the POE, and here. Just to make sure you're always the same person.

And as you said, they do match things up: this shows that when they want, they can do their job without requesting the same document over and over.

[marriedtomrg 141]

The OP was talking about including the birth certificate of the U.S. spouse as an attachment to the I-864 affidavit of support.

But if you read the instructions on page 6 of the I-864:

"Proof of U.S. citizen, national, or permanent resident status is required for joint and substitute sponsors and for relatives of employment-based immigrants who file this form. Petitioning relatives who already filed proof of their citizenship or immigration status with Forms I-130, Form I-129F, I-600 and I-600A do not need to submit proof of their status with this form.

Proof of U.S. citizen or national status includes a copy of your birth certificate, certificate of naturalization, certificate of citizenship, consular report of birth abroad to citizen parents, or a copy of the biographic page of your U.S. passport.

Proof of permanent resident status includes a photocopy of both sides of the "green card," Form I-551 Alien Registration Receipt Card/Permanent Resident Card; or a photocopy of an unexpired I-551 stamp in either a foreign passport or a DHS Form I-94, Arrival/Departure Document."

[Joan >3 Bob 20]

There are many duplicates in this process. Look at biometrics! They require biometrics at AOS and again for removal of conditions! Why.........It is more money they can rake off of you. They have also taken your biometrics at POE but they did not charge at POE. Save copies of everything because Duplicate requirements. Also read and re-read all form instructions.

[cptrosco 0]

If you goto your local IRS office and ask them for a "FULL TAX TRANSCRIPT", send that in with the W2's and that will be enough.

I had the exact same RFE.

[JMR 3]

If you goto your local IRS office and ask them for a "FULL TAX TRANSCRIPT", send that in with the W2's and that will be enough.

I had the exact same RFE.

Thing is we already sent in the transcripts and W2s already for my sponsor and co-sponsor. Ah well we have ordered them and are just waiting for them to arrive then we can send the RFE off. Atleast we are not the only ones in this situation lol =)

[cptrosco 0]

Yeah thats what happened with us too, they just requested we send it in again. Just to that and you will be fine.

[baron555 934]

Im unsure what I need to obtain to get this sorted. The request was as follows...

• The household member on the petitioner/sponsor's Form I-864, Affadavit of Suuport must submit the Federal Income Tax Return submitted to the IRS for the most recent tax year
  

We submitted W-2 transcripts with the form. Ive searched around VJ for about an hour now and Ive seen people saying submitting W-2s just aint enough, but i dont get what they mean. What else do we need to send with them??

~Jmr

Read the RFE carefully. They want the Tax Returns. You only sent in the W2s. Big big difference. Understand?

Tax Returns means ALL the documents sent when the Tax Returns were filed....1040, Scd A, W2s, 1099s, etc etc.....or send in the IRS tax transcripts, available free from the IRS.

Edited September 26, 2010 by baron555

[Dakine10 5,452]

Thing is we already sent in the transcripts and W2s already for my sponsor and co-sponsor. Ah well we have ordered them and are just waiting for them to arrive then we can send the RFE off. Atleast we are not the only ones in this situation lol =)

Here's the link to get IRS tax transcripts.

http://www.irs.gov/individuals/article/0,,id=110571,00.html

If those are the transcripts you have already ordered then you are good to go.