February 2015 Filings for AOS

[Codeblue009 3]

We have our biometric appointment on March 24, 2015. I guess I can also attempt to have my wife go early. Not sure what will happen but it is worth a try since they are only 5 minutes away from the house. Good luck everyone.

[Leo7777 243]

Yes, the bio is for EAD/AP as well as AOS. A combined EAD/AP card is issued using pic taken at the bio appointment.

No real good evidence regarding if faster bio leads to faster EAD/AP.

I read one poster in another thread somewhere who stated he/she had done some research and said quicker bio did not lead to quicker EAD/AP, but I don't know the sample size used, etc.

[1brit 4]

Hey andfp,

So, I have heard that getting your biometrics done allows for a background check. And the EAD can only be processed after a background check. But this isn't exactly solid information, more of a 'a friend of a friend told me this' sort of thing.

Hey folks,

Just a question, does biometrics appointment has something to do with EAD and AP or it's strictly for I-485 (Green Card).

Question is because I would like to know if people that succeed with early walk in does get EAD and AP in fact early or processing times remains the same for those sets of documents.

That's because I'm in a really need of the EAD (so I could get the SSN and Drivers Lic) and the most important one: AP/Travel Permit to go back to my country for 2 weeks.

[canadianmeghan 1]

Hi Guys/Gals .. we received our RFE in the mail on Friday and just wanted to give you guys a heads up with what we are dealing with .. I posted this in the General Forum in hopes to get a quick response so not sure if I can repost. I am feeling rebellious and going to anyways:

My husband and I received an RFE on our I-485. I am just a little bit confused as to what they are needing from us and hoping you all could help us out. The letter states:

This office is unable to complete the processing of your application yada, yada, yada ..

They ask us to submit all supporting tax documentation (W-2s, 1099s, FOrm 2555, and all supporting tax schedules) submitted to the IRS for the most recent tax year.

The petitioner/sponsor must submit all supporting tax documents for the most recent tax year.

My husband and I mailed our application in February (see signature) but we had yet to file taxes for 2014 so I mailed 2013 as this was our most recent tax year we had filed. Are they requesting this because we should have mailed 2014?

Also, on page 2 it says:

Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the poverty guideline.

It then goes on and lists all of the evidence of assets we could send in ..

This is the place where I am most confused as the poverty guidelines for 2015 for our household is $19,912 and my husband made over that amount. Is this again because we mailed 2013 and they want to see the income for 2014?

Also on a side note .. Is the office where you have Bio-Metrics the same office where the interview will be held?

[1brit 4]

Hey guys, just letting you all know I got my hard copies of NOA1 for I-485, I-131 and I-765 (but not I-130) in the mail yesterday!

And meghan, really sorry you have to deal with an RFE I don't really know enough to offer support with your questions unfortunately, but my husband and I mailed his 2014 tax returns. I made him do it early just in case.

[andfp 14]

There are not supposed to require 2014 since tax year has not ended yet. So last year in effect should be 2013. I hope they don't send me an RFE since I did not send 2014.

Does an RFE (for affidavit) will affect in matter of time for EAD and AP??

I'm sure it should affect I-485 obviously.

[canadianmeghan 1]

yes, getting an RFE puts everything else on hold as well .. unless you get lucky and your EAD status has been changed to "in production"

I can't seem to get an answer .. ill have to call the customer service line tomorrow

[Leo7777 243]

Meghan and others.

This idea of what tax return to send 2013 vs 2014 was discussed on the general forum back in December and January.

As I recall, some suggested sending a 2014 tax return which might be changed later and taken with you to interview or mailed in.

Others said that since 2014 not due until 15 April, it was fine to send in 2013.

So there was no clear-cut answer. Now we are seeing the results.

But again, as I have written before, the rules are possibly interpreted differently by different offices and even by different persons in the same office.

Myself, I decided to wait a couple of weeks until I obtained all the supporting documents to complete my 2014 tax return and send it in with the packet I submitted in early February.

So I lost a few days at that point, but maybe I will save these days now by not getting a RFE which suspends the processing.

Of course, I still might get a RFE for this or something else.

As to the wording that Meghan got about not meeting the 125%, this seems to be a common situation, even where our member here feels they did easily meet the criteria.

And remember that to save time, the processing people do not type notes specific to your case. They look at a pre-canned list of items and check off a box or copy the canned sentence that seems to come closest to the situation. But since it may not really fit your situation, you are actually left in the dark.

A couple of possibilities for Meghan:

1) When they don't see the 2014 tax return; it automatically triggers the sentence that you haven't met the minimum.

2) Perhaps unrelated to the 2014 tax return; they are not satisfied with the continuity of the income over a period of years.

[canadianmeghan 1]

I am wondering if my RFE has to do with my husband filing his taxes late. I just read the instructions and it says that if you file late you must include a copy of the transcript from the IRS which we did not do. Also his income for 2013 was foreign earned as we were living in Canada at this time. Are you not allowed to use foreign earned income?

My husband moved back to the US in July of 2014 and began working from the US but his checks still come from Canada. If I send in copies of his checks (which would meet the income requirements) do you think this would be enough?

I can also use my sister in law as a joint sponsor if necessary..

[rodeo 11]

I am wondering if my RFE has to do with my husband filing his taxes late. I just read the instructions and it says that if you file late you must include a copy of the transcript from the IRS which we did not do. Also his income for 2013 was foreign earned as we were living in Canada at this time. Are you not allowed to use foreign earned income?

My husband moved back to the US in July of 2014 and began working from the US but his checks still come from Canada. If I send in copies of his checks (which would meet the income requirements) do you think this would be enough?

I can also use my sister in law as a joint sponsor if necessary..

meghan,

What you can do right now is just to speculate on what is your RFE is all about. Now wait for the hard copy of the RFE in your mailbox and try to figure out on how you would respond to this Request. If ever you decide to share your RFE to this forum, I do believe that everybody is just kind enough in this February group to help you giving their own personal insights and advise. For now, just relax.

Edited March 16, 2015 by rodeo

[nickmabz 2]

?

[canadianmeghan 1]

In RE:

Request for Initial Evidence (I-485)

This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status, (Form I-485) without initial information. Submit ALL of the information requested below at one time. Failure to do so will result in a denial. You must submit the information within 87 days to: U.S. Department of Homeland Security, PO Box 648004, Lee's Summit, MO 64002. For Express Mail or Courier deliveries, send to USCIS, Attention: Adjustments of Status, 850 NW Chipman Rd., Lee's Summit, MO 64063. Include this letter with your response.

All copies must be clear and legible. If you submit a document in any language other than English, it must be submitted with a full English translation. The translator must certify that the translation is complete and accurate, and that he or she is competent to translate.

If you have a question about immigration procedures, or need clarification, please call our National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833). This toll-free call center has additional information and, during their specified office hours, can connect you to live assistance in English and Spanish.

Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting documents for the most recent tax year.

The petitioner/sponsor must submit all supporting tax documents for the most recent tax year.

For more information, see Form I-864 instructions. For the most current version of Form I-864, including the instructions, go to "forms" at http://www.uscis.govor call 1-800-870-3676

20141211 Page 1 of 2

Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets must equal the stated difference between the petitioner/sponsor's household income and 125% (100% if military) of the poverty guideline.

Assets must equal the difference for applicants filing as orphans, a spouse, or child of an active duty military member.

Assets must equal three times the difference for a spouse or child of a United States citizen.

Assets must equal five times the difference for all others.

Evidence of assets include:

Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institutions in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;

Evidence of ownership and value of stocks, bonds, and certificates of deposit;

Evidence of ownership and value/equity of other personal property and dates acquired;

Evidence of ownership, a recent licensed appraisal or county tax assessment, and any mortage/lien or lien release of any real estate.

If you decide to obtain a joint sponsor, they will need to file Form I-864, Affadavit of Support (revision date 03/22/13), provide copies of the most recent Federal income tax returns, all supporting tax documents (W-2s, 1099s, Forms 2555, and tax schedules), and evidence of their status as a United States citizen, United States National, or Lawful Permanent Resident.

For more information, see Form I-864 instructions. For the most current version of Form I-864, including the instructions, go to "forms" at http://www.uscis.govor call 1-800-870-3676

20141211 Page 2 of 2

[chewy2012 2]

Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting documents for the most recent tax year.

The petitioner/sponsor must submit all supporting tax documents for the most recent tax year

I'm thinking they want 2014 tax return, because that is the current and most recent tax year. In the tax office that I work for "recent tax year" means 2014 even though the deadline has not passed yet. So I would submit a completed return with the supporting documents along with it. Also, I would get a letter from employer stating how much his annual income will be for 2015 and attach paystubs from 2015.

That's what I did.

Also, it may mean you do not meet income requirement because by not submitting 2014 tax return you are showing zero for income in 2014.

[KMArmenta 7]

Received the paper copy of RFE today. I guess I somehow thought I didn't have to submit an I-864 since we have sponsors. we have 87 days to respond. The RFE says

Form I-864, Affidavit of Support, was submitted; however, it was not from the petitioner/sponsor.

Submit a completed and signed form I-864 (revision date of 03/22/13) for the petitioner/sponsor listed on Form I-130. Even if a joint sponsor will be used, the petitioner/sponsor must submit form I-864. also provide copies of the petitioner/sponsor's most recent federal income tax returns and all supporting tax documents.

Include this letter with your response.

[Leo7777 243]

Interesting the RFEs for Meghan and KMA.

They seem pretty straight forward.

I think Chewy is right. No tax return for 2014 means (to them) no income for 2014.

And, if I remember from Meghan's description of 2013 situation, it was also in a grey area because of foreign income, etc.