AOS and Evidences of a bonafide marriage

[Harpa Timsah 13,258]

Sometimes it takes a month or more to go through the mailroom and get accepted for initial review. The other option is that there was something severely wrong with the application (missed signature, incorrect fee) and it was rejected, and it's making its way back to you. The only way to figure out which one is wait and see, unfortunately. Good luck.

[special4ever 0]

Thank you Harpa. You are right about this. I got my application back yesterday with the Notice of Rejection for the i-130,I-485 and I-765. It says..

"The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom."

"Please be sure to complete the application fully, submit the appropriate fees and include all required supporting documentation."

All the pages have the same numbers or codes written on the right side. But I've noticed that on the first pages of each filled out forms, the codes have a strikethrough or something with initial signature. Does this mean that only first pages of the forms have to be corrected? Or do we have to do redo all the forms?

[CC90 90]

I would play it safe and reprint the forms. I don't think it'll be a big issue if you send back the same paper, but who knows how their scanning process works.

[Harpa Timsah 13,258]

Thank you Harpa. You are right about this. I got my application back yesterday with the Notice of Rejection for the i-130,I-485 and I-765. It says..

"The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom."

"Please be sure to complete the application fully, submit the appropriate fees and include all required supporting documentation."

All the pages have the same numbers or codes written on the right side. But I've noticed that on the first pages of each filled out forms, the codes have a strikethrough or something with initial signature. Does this mean that only first pages of the forms have to be corrected? Or do we have to do redo all the forms?

Just send back the same forms with the right fee. There is no need to redo them. Good luck.

[Pupsik 4]

Just send back the same forms with the right fee. There is no need to redo them. Good luck.

x2

[special4ever 0]

Thank you everybody for all your replies. I highly apprecite it.

Hubby is at work and I am still doing a review of our application papers by myself. I've noticed that we did a couple of mistakes on filling out the forms. Blame it on the nice weather on the westcoast! After our rainy wedding day that was held on a boat, hubby and I got too excited to go on our mini honeymoon with a sunny weather. So, we hurriedly sent our package before we left. But due to our excitement, we missed some of the little but very sensitive information on the forms (that was not so smart!). Thus, I have to redo all the forms.

I have another question. In I-864 part 5 Sponsor's household size, Persons NOT sponsored in this affidavit letter D, shall I include his daughter whom he is still supporting through a child support every month even she does not live with us? We only have her every other weekend. She is on his Federal Income Tax return every other year...not this year.

How about on letter f, about his ex-wife from Mexico..he sponsored her before with her GC..she got her GC in 1996..the marriage lasted for 13 years....the wife initiated a divorce..so they got divorced 3 years ago. Do I have to include her on this part?

PS. We had so much fun on our honeymoon. Mountain + white sand beach + 90 degrees weather + My yummy hubby = PERFECT and was worth it! But sending hurriedly the application with mistakes was a total waste.

Edited August 18, 2011 by lakshmi2010

[CC90 90]

Hubby is at work and I am still doing a review of our application papers by myself. I've noticed that we did a couple of mistakes on filling out the forms. Blame it on the nice weather on the westcoast! After our rainy wedding day that was held on a boat, hubby and I got too excited to go on our mini honeymoon with a sunny weather. So, we hurriedly sent our package before we left. But due to our excitement, we missed some of the little but very sensitive information on the forms (that was not so smart!). Thus, I have to redo all the forms.

Blessing in disguse, I guess?

I have another question. In I-864 part 5 Sponsor's household size, Persons NOT sponsored in this affidavit letter D, shall I include his daughter whom he is still supporting through a child support every month even she does not live with us? We only have her every other weekend. She is on his Federal Income Tax return every other year...not this year.

How about on letter f, about his ex-wife from Mexico..he sponsored her before with her GC..she got her GC in 1996..the marriage lasted for 13 years....the wife initiated a divorce..so they got divorced 3 years ago. Do I have to include her on this part?

I'd post new threads on these. To answer your questions though, I'm not really sure, so please take this with a grain of salt. But, I would definitely list the child and definitely list the wife. His contract for support did not end when they were divorced. However, it may have ended if she acquired 40 quarters of Social Security credit or naturalized. However, the form does not qualify if your husband's obligations have ended; as such, I would list it since it only asks if he's ever sponsored someone else on an I-864 who is now an LPR. Unless his wife naturalized, he's required to list her.

[Harpa Timsah 13,258]

Yes, he must list the child. It says so clearly in the instructions. Yes, he has to list his ex-wife, unless she is now a citizen. This is also in the instructions. You can get the instructions at uscis.gov.

It's always a good thing to look over something with a fresh set of eyes and see what you missed

[special4ever 0]

Thanks a lot again. Just for clarification.

On uscis.gov website..

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s).

Letter d, dependent children-- I made a mistake on my last post. She is on his tax every other year. His most recent ITR is 2010 and she was not on it. She was on her mom's tax.

Letter f-- In their divorce decree agreement, he is no longer obligated to support her. But with the child support every month, it's more than enough to support his daughter and her. Does this one count?

[CC90 90]

Letter d, dependent children-- I made a mistake on my last post. She is on his tax every other year. His most recent ITR is 2010 and she was not on it. She was on her mom's tax.

I would list it, but speak with a lawyer about your specific situation if you are still convinced that you shouldn't.

Letter f-- In their divorce decree agreement, he is no longer obligated to support her. But with the child support every month, it's more than enough to support his daughter and her. Does this one count?

Interestingly, no matter what the divorce agreement says, because of the previous I-864, she can still sue him for support upto 125% of the federal poverty level regardless of anything. If you read the I-864, there are only three things that change this. However, regardless, if she did not naturalize, he must list her.

If he's already paying child support, then he is supporting that child and should definitely list him/her on part D.

Edited August 18, 2011 by CC90

[Harpa Timsah 13,258]

Under who is in household count size, further down in the instructions:

21d - Enter the number of unmarried children you have who are under age 21, even if you do not have legal custody of these children. You may exclude any unmarried children under 21, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

You need to count the kid.

[special4ever 0]

Thank you everybody for all your advice. His ex-wife and him could not remember if they signed an I-864 before when she filed for her AOS (Ugh!). Nonetheless, We just listed both of them on our form (just to be in the safe place?). So, we resubmitted our packet last friday. Hopefully, we have everything in order this time.

Thank you very much. We really appreciate all your help. Goodluck to all of us. God bless us all.