Still don't understand (AOS)

[Mirlan 0]

The K-1 process seemed so easy, but the AOS is confusing!

We sent in the I-485 packet, received a receipt notice, then an appointment for biometrics, then an RFE. At some point, we were also notified that our papers had been send from Illinois to Missouri. We went for the appointment last week, then the next morning, we received an email saying that our response had been received even though we didn't send anything for the RFE (tax and employment information) because we're still working on getting it all done. When we checked our case online, it also said the process had been resumed. Very strange.

Also, we're concerned about the RFE. It asks for the tax returns and employment information for Mirlana (USC). But her income is from her divorce settlement, so no W-2s or anything like that. Also, she only started to get her monthly payments near the end of 2006. Even though her annual income for the next couple of years is more than required, her 2006 income is below the required amount because it was only for about half a year. The RFE letter also states: "Submit ALL the information requested below at one time. Failure to do so will result in a denial. You must submit the information within 87 (eighty-seven) days....."

What happens if they don't accept the information we DO have (and the letters of explanation that we are writing to send)? What if our application is denied? Can we appeal or reapply later? We want to make sure we can stay together!

Thanks for all help.

Mirlana (and Mirlan)

[Dr_LHA 3]

You're the 2nd person this has happened to on here. What is going on at USCIS?

[maryandatif 0]

The K-1 process seemed so easy, but the AOS is confusing!

We sent in the I-485 packet, received a receipt notice, then an appointment for biometrics, then an RFE. At some point, we were also notified that our papers had been send from Illinois to Missouri. We went for the appointment last week, then the next morning, we received an email saying that our response had been received even though we didn't send anything for the RFE (tax and employment information) because we're still working on getting it all done. When we checked our case online, it also said the process had been resumed. Very strange.

Also, we're concerned about the RFE. It asks for the tax returns and employment information for Mirlana (USC). But her income is from her divorce settlement, so no W-2s or anything like that. Also, she only started to get her monthly payments near the end of 2006. Even though her annual income for the next couple of years is more than required, her 2006 income is below the required amount because it was only for about half a year. The RFE letter also states: "Submit ALL the information requested below at one time. Failure to do so will result in a denial. You must submit the information within 87 (eighty-seven) days....."

What happens if they don't accept the information we DO have (and the letters of explanation that we are writing to send)? What if our application is denied? Can we appeal or reapply later? We want to make sure we can stay together!

Thanks for all help.

Mirlana (and Mirlan)

INFO PASS is your best bet...I would think.

Anybody else???

Mary K.

[rebeccajo 14]

Agreed. I would Infopass to get this clarified.

The verbage on uscis.gov often states the case is at Missouri. This is common.

You are not at the stage to be worrying about a denial of your case. You may need to explain your income by a cover letter to your Affidavit of Support. Your situation is merely a bit different - I hardly think it's worthy of a denial.

I'm also guessing you may be unaware that once your husband is legally employed his income can be counted towards the Affidavit. In other words, if he has a job by the time of your interview, you can amend the Affidavit of Support.

[Mirlan 0]

Thank you to everyone who answered us. We scheduled an InfoPass appointment for next week, but we will continue to prepare all of the information that was mentioned in the RFE (it can't hurt).

Mirlana and Mirlan

[Mirlan 0]

update:

Well, I called USCIS today to try to get more information. The first guy I spoke with said he didn't know, so he transferred me to someone in customer service. The second guy said maybe someone took another look at our file after the RFE was sent and decided it was complete, but he wasn't sure. He suggested I send in the requested information anyway, which I had already planned on doing. Unless we get the green card before we send the stuff, I figure it can't hurt to mail it in. If we mail it in, the worst that will happen is that we'll find out it was a waste of time and money to do so. If we don't send it in, the worst that can happen is that the AOS will be denied. We'll still go to the InfoPass appointment next week, but I'm not sure why. I'm most likely going to prepare and send the papers no matter what they say. Better safe than sorry!

Did I mention that this process has made me a bit paranoid????

Mirlana