Have to send Cover sheet Monday w/ missing papers - HELP!

[SXMFL 1]

Good evening, we posted this on the November 2013 filers, but maybe someone here can help us!

We're new to the forums, and getting more frustrated by the day!

We sent our I-130 In November 2012, we sent the I-864 affidavit of support and the DS-230 with a long list of things to prove intent to re-establish domicile on 3rd of May and it was received the 5th of May. I called today to find out what the status could be and the nice lady I spoke with said we were missing a few things, that I needed to email them AND she was sending our file for a review for the Intent to re-establish domicile (maybe they missed the papers we sent....) . I told her we are not living in the US so I don't have domicile, W2's, or proof of employment over there. So she said to send, bank statements from my accounts here, and a letter stating why I do not have W2's. I threw in a whole bunch more information for proof to re-establish domicile while I was at it.

So, I email them, and happened to receive a checklist cover letter just after, stating:

"A review of the I-864, I-864EZ, I-864W or I-864A (if applicable) Affidavit of Support form and supporting documents that you submitted has revealed that you have provided incomplete information in your response or you have not responded to some questions."

then this seems to be all I am missing:

General Instructions

[x] The checklist below indicates missing or incomplete documents.

Supporting Documents Missing or Incomplete

[x] The (sponsor) has not provided proof of U.S. domicile.

Yeah - We don't live there

[x] It appears that there is no proof of current employment (a recently dated job letter or pay stub), or of

self-employment status (a recently dated letter on business letterhead or a business license).

Again - Don't have this either

[x] The submitted income tax documents/IRS statements for the years marked below are missing/incomplete (if

you have lost any of the requested tax information, contact your local IRS office to obtain a copy) (Only

Federal returns (not state or local) are acceptable unless the sponsor's income was earned in Puerto Rico.)

• W-2 forms are missing/incomplete for the year(s): [x] 2012 [ ] 2010 [ ] 2009 [ ] 2008.

One more time - not working there!

[x] You have not attached proof of ownership and value of the following assets:

• [x] Savings/checking accounts [ ] Real Estate [x] Stocks, bonds, Certificates of Deposit, and

other assets.

This I can do, but they are all foreign accounts

So I called back and asked them if the email I sent was sufficient - and because I'm filing in Barbados my emails cannot be processed, I HAVE to send paper. So Monday I will resend ($50 again!) my I-864 with tons more proof on intent(translated letter of resignation from my job, we didn't enroll our child in french education system because we knew we were moving back, we've already purchased a puppy that's going to be 8 weeks when we arrive), letters from 3 family members, my four bank account statements from my bank here in St Martin, and a lengthy letter of why I don't have W2's.

Do I need to resend EVERY paper I sent with my previous I-864, or just the missing items? (Which I only have one of the four:/)

Please tell me this is enough to have our file completed.... we want to move back home the 31st of August and every week we have to wait is another week closer to departure date. Going back to the states before my husband can come is not an option, we have a four year old daughter who will never understand why her daddy is not coming with us.

Does anyone else have any more advice as to what else we should do to move this along? I just want to go home.

Thanks in advance everyone!

11:11pm - Just spoke to someone else, she was NOT nice!

[SXMFL 1]

Anyone?? We really have to send this out Monday! Thanks again!

[NikLR 13,227]

Where will you live when you move back? Did you keep a US driver's license or bank account open? Can you liquidate your foreign assets and wire it to a US bank account? Did you write a letter stating why you have no income for 2012 and thus why you didn't file taxes?

[belinda63 3,038]

You have to have an address in the US where you will live. USCIS can't expect you to get off the plane and be homeless, you must have a domicile even if it is your parent's or a friend's place.

If you are not currently employed you can use US based assets on a 3X to the poverty level. (more in a minute) You need to send a letter explaining why you did not file a US tax return. For example, I had no income for this year therefore I am exempt from filing a ITR. If you were employed in a location other than the US you need to explain you did not file an ITR because your income was below the required filing amount (if this is true).

You assets must be US based, otherwise how will the government take them if the sponsored immigrant obtains means tested benefits.

So you need to provide an address where you will be living and proof that you will be living there, for example a letter from your parents. A letter explaining why you did not file a 2012 ITR. Proof of US based assets of 3X the required poverty level or paperwork for a cosponsor.

[speedwell 224]

Have you been approved for a US mortgage or been in correspondence with someone for a US rented property, or can you show evidence that you've made arrangements to stay with someone when you enter the US or made some other effort to start living in the US? Have you been corresponding with schools in which you hope to be able to enroll your daughter when you reach the US? Have you been looking for work in the US and sending correspondence to US potential employers? Since you did not make any income in 2012, on what are you relying to satisfy the requirement in the affidavit of support? What have you already sent?

[SXMFL 1]

Sorry about the messy post, I don't manage to quote more than one person

Where will you live when you move back? Did you keep a US driver's license or bank account open? Can you liquidate your foreign assets and wire it to a US bank account? Did you write a letter stating why you have no income for 2012 and thus why you didn't file taxes?

We will be living with my aunt right when we move back. But only for about a week, we will either find an house online or that Monday after we arrived (Sept. 2 2013)I have a DL but it is expired, have to renew it when we move back. I have lots of cash, but no US bank account to wire it to, tried to open one with wells fargo over the phone, but I forgot that I didn't change my maiden name with the SSA and gave them my married name and it got denied....oops! I did write a letter stating why I don't have W2's, I DID file taxes because I wanted to be up to date for when we move back

belinda63: You have to have an address in the US where you will live. USCIS can't expect you to get off the plane and be homeless, you must have a domicile even if it is your parent's or a friend's place.

If you are not currently employed you can use US based assets on a 3X to the poverty level. (more in a minute) You need to send a letter explaining why you did not file a US tax return. For example, I had no income for this year therefore I am exempt from filing a ITR. If you were employed in a location other than the US you need to explain you did not file an ITR because your income was below the required filing amount (if this is true).

You assets must be US based, otherwise how will the government take them if the sponsored immigrant obtains means tested benefits.

So you need to provide an address where you will be living and proof that you will be living there, for example a letter from your parents. A letter explaining why you did not file a 2012 ITR. Proof of US based assets of 3X the required poverty level or paperwork for a cosponsor.

I'm having my two aunts and mother write letters helping to prove our intent, one of which we are staying with when we arrive, which I told her to include in the letter. I filed my 1040 and 2555 for the last 5 years to stay current. My mother is our co-sponsor and she works for the department of the interior in D.C.

Speedwell Posted Yesterday, 09:19 PM

Have you been approved for a US mortgage or been in correspondence with someone for a US rented property, or can you show evidence that you've made arrangements to stay with someone when you enter the US or made some other effort to start living in the US? Have you been corresponding with schools in which you hope to be able to enroll your daughter when you reach the US? Have you been looking for work in the US and sending correspondence to US potential employers? Since you did not make any income in 2012, on what are you relying to satisfy the requirement in the affidavit of support? What have you already sent?

No mortgage, and we have been in contact with rental agents but always get the same answers, three months is too far out, start looking a month in advance. I have included this information in a minute We will be staying with my aunt. We have emailed a school, same kind of thing, we have to go when we arrive there to enroll her. I'm not looking for work because we are planning on buying a business, same thing.. we have to look when we get there. I have made plenty income in 2012, just not in the U.S. so we have lots of cash and assets to sell here, just no bank account to put them in over there yet!

Ok here is what we have already sent:

-Emails to and from a breeder about purchasing a puppy upon our arrival (We have since purchased this puppy, he will be ready in september !

-Correspondence with three different shipping companies about shipping all of our stuff back to the U.S. (these are quotes, we can not book it more than month in advance)

-Emails with the VPK (voluntary prekindergarten) program in florida about late enrollment.

Here's the letter we will be sending with our bank statements and cover sheet this time:

Good afternoon,

Following our conversation earlier, here are the necessary documents needed to complete our file:

Attached:

-Copies of all bank statements of our accounts at the Bank .

-Emails from three family members aware of our intent to re-establish domicile in the US.

For our savings and checking the total amount in Euro savings comes out to €xxxxx.xx (which is $xxxxx.xx), and another $xxxx.xx in our USD account, totaling $xxxxx.xx in savings.

Our assets here in Saint Martin are vehicles and miscellaneous big, easy selling items (appliances, nautical equipment, etc.) we will be selling just before moving back, conservative total estimate of $xxxxx.

We will also be receiving "end of contract bonuses", back pay for unused vacations, last months pay, when we finish working with our current employers, totaling about €xxxx.xx equivalent to $xxxxx.xx.

Regarding W2's from 2012: I have NOT been employed in the USA for the past 8 years. I have been working in France since 2006, so I have not filed any W2's with the IRS. I have filed all tax returns necessary for the past 5 years.

Our file has also been sent for another review regarding intent to establish domicile in the U.S., I had attached copies of emails we have already sent to preschools for our daughter, dog breeder from who we have since purchased a dog that he is holding until our arrival (see transfer XXXXXXXXX on checking acct usd), and quotes for shipping our property back to the U.S. with our file.

We are both living out of the country, but have spoken with a real estate agent about renting a home when we arrive. Unfortunately, it is too far in advance to choose a property to give an address. We have spoken with Brenda at Douglas Property Management in North Port (phone number here) about obtaining a rental when we arrive and she said we should start looking about a month before we are planning to move.

We are planning to move back August 31, 2013, and as soon have we have a date for our interview at the Embassy in Barbados we are planning to purchase the plane tickets. My mother is planning on purchasing the plane tickets on spirit airlines for us using her mileage points. If you would like to her to send an email to help prove intent to establish domicile that would not be a problem. Please see attached email my mother about purchasing tickets for the 31 of August.

I have also contacted the DMV in Florida about renewing our Florida Driver's Licenses, and all we have to do is make an appointment with them and bring two proof of residence(utility bills) and an ID (we will do this right when we move back).

Other proof that we are leaving the island:

-Our daughter was eligible to start school in September 2012, we opted NOT to enroll her in the french education system because we knew we would be moving back to the U.S.

-We will be notifying our real estate rental agency that we will be leaving our apartment end of June, as they also require two months notice.

-We will be notifying our employers that we will be leaving at the end of this month, we are obligated to give them at least two months notice. Here is a translated copy of the letter I will be sending to my employer in June :

As I indicated during our last appointment of 02 May 2013, I wanted to end our relationship and you hereby confirm my resignation from your company.

I would like my resignation to be effective as of 30 August 2013.

To settle our collaboration in any regularity, I suggest you retain to compensate the days off and recovery that are due to me to this day.

I would be obliged if you would confirm your agreement to this request.

Please accept, Madam, Sir, the assurances of my highest consideration.

We will be traveling as a family to the Embassy of Barbados for the interview and to help prove intent, we invite the officer interviewing us to question our daughter about coming back to the U.S. as she is completely aware of our moving.

Please take into account our situation, that this is the best we can do to prove intent to re-establish our life in the U.S.

Please don't hesitate to contact us if any more information is needed.

Sincerely,

Danielle

------------------------------------------

Seeing as I don't have three of the four things they are asking for, do you think this letter with our bank statements are enough?? Thanks again

[SXMFL 1]

Also sending the three letters from immediate family members.

[speedwell 224]

Good.

- Try the bank account again (try USAA first--they are used to dealing with out-of-country people, since their primary client base is the military).

- The aunt you are staying with can fill out a standard lease form for you to sign and make a copy of (whether you intend to stick to it or not is your own business; it formalizes the arrangement though and makes it look better to Immigration).

- Include copies of your correspondence snd phone calls to the rental agencies and realtors (I know how they are, but you can show you've been trying).

- Include the correspondence from the school (again since you have already done so).

- File a late return on your 2012 income if you haven't already, and include copies all of the information you sent the IRS. (The NVC may not know that you don't have to document foreign income for the foreign income exclusion. Call and speak to a supervisor about this if necessary.)

- The shipping quotes are good. Include those (again if necessary).

- The dog, sorry, but nobody gives a damn about.

- Do you have a copy of your correspondence with the Florida DMV?

- Your work resignation really doesn't mean anything. Evidence you are looking for a business to purchase is much more valuable.

- If you can't show paperwork, include a list of all the phone calls you made, when you made them, who you spoke to, the numbers you contacted, what you discussed.

What makes your deadline Monday? Is it a mandate from the NVC that you send the information in by a certain date, or are you just stressed out and in a hurry to get it done? Because an ounce of prevention is worth a pound of cure, my dear, and the NVC doesn't consider your application abandoned until one year after you last contacted them. Take the time you need to get it right, if you can, or you'll be spending a lot more time doing it over.

Edited May 19, 2013 by speedwell

[SXMFL 1]

Good.

- Try the bank account again (try USAA first--they are used to dealing with out-of-country people, since their primary client base is the military).

- The aunt you are staying with can fill out a standard lease form for you to sign and make a copy of (whether you intend to stick to it or not is your own business; it formalizes the arrangement though and makes it look better to Immigration).

- Include copies of your correspondence snd phone calls to the rental agencies and realtors (I know how they are, but you can show you've been trying).

- Include the correspondence from the school (again since you have already done so).

- File a late return on your 2012 income if you haven't already, and include copies all of the information you sent the IRS. (The NVC may not know that you don't have to document foreign income for the foreign income exclusion. Call and speak to a supervisor about this if necessary.)

- The shipping quotes are good. Include those (again if necessary).

- The dog, sorry, but nobody gives a damn about.

- Do you have a copy of your correspondence with the Florida DMV?

- Your work resignation really doesn't mean anything. Evidence you are looking for a business to purchase is much more valuable.

- If you can't show paperwork, include a list of all the phone calls you made, when you made them, who you spoke to, the numbers you contacted, what you discussed.

What makes your deadline Monday? Is it a mandate from the NVC that you send the information in by a certain date, or are you just stressed out and in a hurry to get it done? Because an ounce of prevention is worth a pound of cure, my dear, and the NVC doesn't consider your application abandoned until one year after you last contacted them. Take the time you need to get it right, if you can, or you'll be spending a lot more time doing it over.

Thanks for your thorough reply, we tried opening a bank account, but because I haven't changed my last name with the Social Security Administration and my married name is on my passport it's proving difficult because the information doesn't match :/ I will work on compiling all the information from ALL my conversations, and prepare that. (excluding the dog LOL) We need to move back end of august to enroll our daughter in school and get our life started! Both of our bosses are aware of us leaving, and we don't want to be stuck here because of the visa not being done. I know we are cutting it close, but we have a little over three months to get everything approved (including the interview done) That's the reason for the rush. We thought we were pretty thorough with the i-864 documents before, but I hope this is enough.

one more question the i-864 form has changed since we sent the first one, should we just re-print the first one we filled out since they already have it, or should we re-fill the new one? Hoping they have the ability to process it...... :/

Thanks again, you've been a huge help!

[speedwell 224]

Thanks for your thorough reply, we tried opening a bank account, but because I haven't changed my last name with the Social Security Administration and my married name is on my passport it's proving difficult because the information doesn't match :/ I will work on compiling all the information from ALL my conversations, and prepare that. (excluding the dog LOL) We need to move back end of august to enroll our daughter in school and get our life started! Both of our bosses are aware of us leaving, and we don't want to be stuck here because of the visa not being done. I know we are cutting it close, but we have a little over three months to get everything approved (including the interview done) That's the reason for the rush. We thought we were pretty thorough with the i-864 documents before, but I hope this is enough.

one more question the i-864 form has changed since we sent the first one, should we just re-print the first one we filled out since they already have it, or should we re-fill the new one? Hoping they have the ability to process it...... :/

Thanks again, you've been a huge help!

You're welcome!

Since you are filing again soon, and time is of the essence, use the form dated September 2011 that you probably already filed. Some people have been reporting problems with the new March 2013 form getting processed. The USCIS says this: "USCIS will accept previous editions dated 09/19/11 until June 23, 2013. After June 23, 2013, USCIS will only accept the 03/22/13 edition."

[SXMFL 1]

You're welcome!

Since you are filing again soon, and time is of the essence, use the form dated September 2011 that you probably already filed. Some people have been reporting problems with the new March 2013 form getting processed. The USCIS says this: "USCIS will accept previous editions dated 09/19/11 until June 23, 2013. After June 23, 2013, USCIS will only accept the 03/22/13 edition."

Just to keep you updated, called this morning and spoke to a tier 2 supervisor and she said to hold off on sending the checklist because our file in under review with the supervisors.If it ends up getting approved/closed with what we sent, and we send more, it could end up RE-OPENING the case.(We don't want this....LOL) So we COULD be approved just just the papers we originally sent. We have an awesome co-sponsor (my mother who works for department of the interior) and the amount of money and assets we listed on our original i-864 are more than enough to get there, rent a house, buy a car, etc. So I will keep my big pile of papers and play the waiting game again like everyone else! Hehe. Will call back in about 10 days to see if it was approved, then everyday after that

Thanks again for your help, i'm keeping my fingers crossed! And to anyone else, talk to a tier 2!!! After talking to 6 regular reps, she was the ONLY one that gave me good information!!! I'll keep on waiting!

Edited May 20, 2013 by SXMFL

[speedwell 224]

Just to keep you updated, called this morning and spoke to a tier 2 supervisor and she said to hold off on sending the checklist because our file in under review with the supervisors.If it ends up getting approved/closed with what we sent, and we send more, it could end up RE-OPENING the case.(We don't want this....LOL) So we COULD be approved just just the papers we originally sent. We have an awesome co-sponsor (my mother who works for department of the interior) and the amount of money and assets we listed on our original i-864 are more than enough to get there, rent a house, buy a car, etc. So I will keep my big pile of papers and play the waiting game again like everyone else! Hehe. Will call back in about 10 days to see if it was approved, then everyday after that

Thanks again for your help, i'm keeping my fingers crossed! And to anyone else, talk to a tier 2!!! After talking to 6 regular reps, she was the ONLY one that ave me good information!!! I'll keep on waiting!

Awesome. Yes, don't budge while the supervisor review is going on! If you're asked for more information after the review, then certainly proceed. Best of luck to you!!