Processing time for AOS from vwp and other questions.

[FabFab 0]

Hi Everybody,

I am Fabien and this my first post here.. I have a few questions concerning my Adustment of Status package. So long story short, I came here on a visa waiver program (not planning on immigrating) to visit my girlfriend (now my wife ). But we got married anyway and decided to apply for an AOS knowing the risks.

So we sent the package (I-130, I-485, I-765 and G-1145) on april 4 2014 and it arrived at the Chicago chicago lockbox on april 7. Now it's April 24 and I still nothing from the USCIS. So I would like to know if i should be more patient or if i should start to worry, and if so what can i do to check where my package is?

I have another question concerning the check. After sending the package we found out that we payed for the I-765 when we shouldn't have (because it comes free when applying for I-485) so I wonder what happens in this case, do they send me back my check and i have to send it back with correct ammount? do they cash it and pay me back? Can this be the reason for the long time process?

And last question, is filling a form for a sponsor is mandatory in this case? because we didn't...

Well I ask a lot of questions, but this is a very stressful process for me so your help is really appreciated!

Thank you.
Fabien.

[Hypnos 6,576]

If you sent one single payment (including the I-765 fee when you shouldn't have paid it) then the entire package will probably be rejected and returned to you.

[FabFab 0]

Thank you for your quick answer.

When you say rejected does that mean I can re-send it with the correct amount, or I will have to engage other procedures?

[Harpa Timsah 13,258]

You can send the package back with the correct payment. If you separated the payments then it is possible that they just return the EAD payment to you.

Yes, you need the Affidavit of Support form (I-865) and all accompanying evidence.

You have made a few mistakes, which is okay. They will send you Requests for Evidence (RFE). But I do urge you to read the instruction and study up on the process, because if you reply to a RFE with another mistake, they can deny you.

Good luck.

[FabFab 0]

Thank you for the advises Harpa Timsah. I will definitely study the whole process deeper. I really hope it works out okay.

[didopage 337]

Hi Fabien,

Your wife is your primary sponsor, even if she doesn't make enough to support you. So she has to file in the affidavit of support form anyway (+ supporting documents). If you have a joint sponsor, same thing: affidavit of support + supporting documents. I advised by Harpa, be prepared for a RFE and read more carefully the instructions for each form.

If you are not sure before sending your reply to RFE, look up for answers on VJ. It will be safer and people will be willing to tell you if you are replying correctly to the RFE or not.

Good luck!

[FabFab 0]

I think having posted here made everything happen, I just received my package back as you predicted.

I am going to work on it this weekend and send it back on Monday. If I have any questions I will bother you for some knowledge.

Thank you again for your precious help.

[FabFab 0]

Hi guys,

I am completing my package, and I have a question for the I-864. My wife is my first sponsor but she does not make enough to reach the requirements, but we have a very good co-sponsor that will join to the form his tax return. My wife and I were living abroad last year so she hasn't filled any tax return for 2013 (I think it' the 1040 form).

So the question is, since she does not make enough and since we have a good co-sponsor is it going to be okay not to have her last tax return? we are joining a letter to the package explaining the situation.

Thank you.

Edited April 28, 2014 by FabFab

[FabFab 0]

And also, is a summary of the tax return is enough? Because my sponsor's tax return is 30 pages long...

[Hypnos 6,576]

No, you must send either the complete tax return (all pages, all schedules, all forms) or a complete transcript; you will be RFE'd for it if you don't.

Unsure on your other question. I am not certain whether you must always enclose a copy of your most recent return or not (i.e. if you weren't required to file for 2013, then your 2012 return plus a letter stating why you didn't need to file 2013's).

[FabFab 0]

Alright, thank you for your answer.

I sent it today with full federal tax return which was almost a 100 pages long...

now starts the wait..

Thank you all.