AOS referal

[Pleasehurryup 1]

Hey guys,

So, I received a request for more info today for the AOS which is confusing... Basically, they say that my wife doesn't make the poverty line but her W2 from last year clearly shows she does... She's even had a couple raises since then. They've asked for bank statements, letter from work and wage stubs etc which isn't a problem but we provided all this with the original affidavit with the i129f. Any advice? I'm going to try and call on Monday.

[NancyNguyen 1,657]

I-129F was a while ago, you need to submit all CURRENT proof of income. You need new W2s, employer's letter, pay checks and 2014 tax if you can.

[Cody and Daisy 373]

Hey guys,

So, I received a request for more info today for the AOS which is confusing... Basically, they say that my wife doesn't make the poverty line but her W2 from last year clearly shows she does... She's even had a couple raises since then. They've asked for bank statements, letter from work and wage stubs etc which isn't a problem but we provided all this with the original affidavit with the i129f. Any advice? I'm going to try and call on Monday.

Do not treat the k1 and AOS as the same.

They are two different processes and therefore require different information. This means you should have submitted NEW proof of sponsorship and employment.

You don't need to call them, just send the evidence they require.

[KayDeeCee 4,893]

The AOS process is separate from the process you went through for the K-1 visa. The documents you supplied with the I-134 were to get the visa approved. They are not carried over to your current AOS application. The I-134 is not even legally binding. It is replaced with the legally binding I-864 you must provide for the foreign spouse to become a permanent resident.

The I-864 has detailed instructions and requirements to follow. You need to provide a complete copy of your most recent tax return,or IRS transcript, plus proof of your current income, such as letter from employer and/or recent pay stubs. You said her current income was now more than last year, so even more reason to send the letter from employer and/or recent pay stubs to show what she is currently earning.

[Pleasehurryup 1]

We did send a new support form. Also, current W2. Just a little concerned that they are now saying her wages are now not sufficient... Seems a little backwards to approve the visa based on the first affidavit, let me quit my job, sell my home, car, motorcycles and all my possessions, move 4000 miles and THEN say 'oh hold on a second...' I'm sure we'll sort it out anyway...

Thanks everyone.

[Nich-Nick 3,354]

We did send a new support form. Also, current W2. Just a little concerned that they are now saying her wages are now not sufficient... Seems a little backwards to approve the visa based on the first affidavit, let me quit my job, sell my home, car, motorcycles and all my possessions, move 4000 miles and THEN say 'oh hold on a second...' I'm sure we'll sort it out anyway...

Thanks everyone.

First off separate what you sent before and what you need now. You supplied evidence to the Dept of State via the embassy that was enough to get you a visa and a 90 day entry to the US. That's all it got you And that is over. Forget everything about it. Done.

Now you are in a new process with a different agency, the USCIS. The form is totally different and the requirements are very strict.

It is a paperwork problem, not that she doesn't make enough. A W2 without the tax return doesn't count. You never mentioned if you included a full (every page of) her most recent tax return with an attached W2. Or you could have sent a transcript from the IRS instead of every page of the tax return with W2.

If one of those was not included with the I-864 Affidavit of Support, then you get an RFE. They don't evaluate anything else until they have that. That's why they say she doesn't qualify because they didn't consider it yet.

[Pleasehurryup 1]

Thanks Nich-Nick.

I was just a bit concerned because the poverty line is about 10k less than what my wife makes. What you've said makes sense (I guess). I'm not even that bothered about it taking a while... I'm stateside with my lady which is great. Just need that EAD more than anything.