April 2016 AOS Filers

[pantonia 39]

well guys, I'm a bit scared and sad, seeing that there is a chance I might actually get my petition for the green card denied.

We got a RFIE last week. They are asking for our joint sponsor to file for taxes (he doesn't have to) or explain and prove that he doesn't have to (we did send proof and explanations) and that based on the documents sent, he doesn't meet the poverty guidelines requirements (he very much does, by a lot and we sent all the proof) so we should include assets to overcome the shortage (that they don't specify, because of course said shortage doesn't exist) or get a different joint sponsor (no chance of that).

Not only does this delay my EAD which I really really really really need, but we are pretty much at a loss as to what else we can do to prove to them that our joint sponsor is very qualified. The IRS doesn't give out certificates of "you don't have to file for taxes", so we had to provide other things and no proof we send apparently is good enough for them. All the things they are asking for we already sent, which means that it wasn't enough and while I can and will add a few extra things, I am scared that it won't be enough. The letter clearly says that we have this one chance to send back the full evidence in "one sitting" or we WILL get denied, so it's terrifying to know that this is it, so I can't make any mistakes, or that I am actually risking being denied even when we meet the requirements in full and provided all the evidence the first time around.

We are going to an infopass appointment on the 3rd and we will bring all the evidence we are planning on sending again and try to get SOME assurance that it will be enough, or maybe some explanation as to why they seemed to think that it wasn't the first time... other than that, I'm out of ideas...

[DerGraf88 5]

well guys, I'm a bit scared and sad, seeing that there is a chance I might actually get my petition for the green card denied.

We got a RFIE last week. They are asking for our joint sponsor to file for taxes (he doesn't have to) or explain and prove that he doesn't have to (we did send proof and explanations) and that based on the documents sent, he doesn't meet the poverty guidelines requirements (he very much does, by a lot and we sent all the proof) so we should include assets to overcome the shortage (that they don't specify, because of course said shortage doesn't exist) or get a different joint sponsor (no chance of that).

Not only does this delay my EAD which I really really really really need, but we are pretty much at a loss as to what else we can do to prove to them that our joint sponsor is very qualified. The IRS doesn't give out certificates of "you don't have to file for taxes", so we had to provide other things and no proof we send apparently is good enough for them. All the things they are asking for we already sent, which means that it wasn't enough and while I can and will add a few extra things, I am scared that it won't be enough. The letter clearly says that we have this one chance to send back the full evidence in "one sitting" or we WILL get denied, so it's terrifying to know that this is it, so I can't make any mistakes, or that I am actually risking being denied even when we meet the requirements in full and provided all the evidence the first time around.

We are going to an infopass appointment on the 3rd and we will bring all the evidence we are planning on sending again and try to get SOME assurance that it will be enough, or maybe some explanation as to why they seemed to think that it wasn't the first time... other than that, I'm out of ideas...

I'm so sorry to hear that! Having an infopass appointment is a very good start.

Is there any way you could hire a lawyer? I know they are very expensive

Good luck to you!!

[pantonia 39]

I'm so sorry to hear that! Having an infopass appointment is a very good start.

Is there any way you could hire a lawyer? I know they are very expensive

Good luck to you!!

Thanks!

Not really a possibility of a lawyer, and I am also not sure it would help since I know exactly what's going on I just don't know how to convince the USCIS people to understand or see. We always knew this might be a problem, since it is pretty rare for a person to have this much income and none of it being taxable, which is why I made extra sure to explain in details and put the evidence needed to support it. I just get this feeling that they saw it and they were like "ugh, math, ugh complex situation, ugh I won't even bother" and I can't do much if they are just gonna refuse to read the stuff I sent...

[Moslund 94]

As dergraff88 said you can try a lawyer... Most offer an hour consolation to discuss problems at hand then you have he option of hiring them so even if you don't want to fork up the money to hire the lawyer you can just do an hour worth of consultation to hear there suggestions (my lawyer is $60 per hour or a flat fee of 1k that 1k includes consultations, any questions, and then filling documents for us and them attending appointments with immigration if needed to talk on our behalf) 1k is allot but it was worth the price tag to us to pay that

[pantonia 39]

As dergraff88 said you can try a lawyer... Most offer an hour consolation to discuss problems at hand then you have he option of hiring them so even if you don't want to fork up the money to hire the lawyer you can just do an hour worth of consultation to hear there suggestions (my lawyer is $60 per hour or a flat fee of 1k that 1k includes consultations, any questions, and then filling documents for us and them attending appointments with immigration if needed to talk on our behalf) 1k is allot but it was worth the price tag to us to pay that

oh well a 1 hour consultation for 60 or so is doable... 1k is simply not possible right now, but depending on how the infopass goes I will definitely try a lawyer in that case and see how to go from there. Hopefully it doesn't come to that and the infopass goes well. Thanks!!

Edited May 28, 2016 by pantonia

[Moslund 94]

oh well a 1 hour consultation for 60 or so is doable... 1k is simply not possible right now, but depending on how the infopass goes I will definitely try a lawyer in that case and see how to go from there. Hopefully it doesn't come to that and the infopass goes well. Thanks!!

Hopfully you'll get all your answers at the info pass of not just call around a few offices they have different rates... I hope it's a easy way around this little bump in the road for you guys fingers crossed for you

[HeavensAngel 4]

Can I go to open bank account without SSN?

And one more question ,my wife is been divorced last year and her x was not paying taxes ,so she has good tax for 2year but not for previous one year as her x ruined taxes he was bad and never wanted to spend money .

Now since she is married to me and soon we are adjusting status AOS ,and they stated in their guideline we should submit the last 3yr taxes.

My question is will it gives us RFE as her last 2yr taxes are good but not the before she filed with her x.

Pls give advice can we attach Peter when we send AOS packet explains this .she work for the state and make around 40k year???

[p-ana 933]

Can I go to open bank account without SSN?

And one more question ,my wife is been divorced last year and her x was not paying taxes ,so she has good tax for 2year but not for previous one year as her x ruined taxes he was bad and never wanted to spend money .

Now since she is married to me and soon we are adjusting status AOS ,and they stated in their guideline we should submit the last 3yr taxes.

My question is will it gives us RFE as her last 2yr taxes are good but not the before she filed with her x.

Pls give advice can we attach Peter when we send AOS packet explains this .she work for the state and make around 40k year???

Sending 3 years of tax return papers are optional. Current income and the ability to support the immigrant in the present its what they're looking for. I suggest that your wife read the i864 instructions again to understand this part better and give you both peace of mind.

You should find no problem opening a bank account without having a ssn. If the bank you choose gives you a hard time, just go elsewhere, you can look it up online for their specifications.

Good luck.

[Moslund 94]

Can I go to open bank account without SSN?

And one more question ,my wife is been divorced last year and her x was not paying taxes ,so she has good tax for 2year but not for previous one year as her x ruined taxes he was bad and never wanted to spend money .

Now since she is married to me and soon we are adjusting status AOS ,and they stated in their guideline we should submit the last 3yr taxes.

My question is will it gives us RFE as her last 2yr taxes are good but not the before she filed with her x.

Pls give advice can we attach Peter when we send AOS packet explains this .she work for the state and make around 40k year???

You typically need SSN or ITIN to open a bank account banks prefer them they might argue with you saying you can't open an account but as long as you have 2 form of valid ID (they cannot be expired) you can open a bank account (passport, drivers license from another country that's what I used and letter addressed to me with my current address of it) Edited May 29, 2016 by Moslund

[HeavensAngel 4]

May I ask beside guideline for proving relationship of marriage ... What documents u send as supporting

I mean as proof of relationship

[ckibs 52]

May I ask beside guideline for proving relationship of marriage ... What documents u send as supporting

I mean as proof of relationship

Technically you don't have to send "proof of relationship" other than your marriage certificate, the proof they will want to see at your interview -if you get one. Some people claim that if you frontload your application with relationship proof you don't have to do an interview but that's not something that is necessarily true as people have gotten interviews even with a lot of proof about their relationship. So it's up to you We just sent our marriage certificate.

Proof of relationship, shared finances etc. is more for the interview AND the "evidence" that makes up most of your ROC application which you'll be sending of within 3 months of your GC expiring. That's when you'll need it!

[mama&papa 2]

I'm so sorry to hear that! Having an infopass appointment is a very good start.

Is there any way you could hire a lawyer? I know they are very expensive

Good luck to you!!

Why dont you just get a co-sponsor? That is much easier than providing them other proof

[ckibs 52]

Why dont you just get a co-sponsor? That is much easier than providing them other proof

I believe they already have a co-sponsor so they would have to find another one which was said they can't

[pantonia 39]

Why dont you just get a co-sponsor? That is much easier than providing them other proof

Because this whole thing is about my joint sponsor. We would have to get a different one but that's not an option

[pantonia 39]

Can I go to open bank account without SSN? I imagine most require it but maybe there's some that don't. Ours did require SSN and they still gave me a hard time for not having a green card or state ID/driver license yet

And one more question ,my wife is been divorced last year and her x was not paying taxes ,so she has good tax for 2year but not for previous one year as her x ruined taxes he was bad and never wanted to spend money .

Now since she is married to me and soon we are adjusting status AOS ,and they stated in their guideline we should submit the last 3yr taxes.

My question is will it gives us RFE as her last 2yr taxes are good but not the before she filed with her x. I feel this is a little bit tricky because you only need to SEND a transcript for the most recent one, but you do need to have FILED for the three most recent one.

here's an excerpt of the instructions on I-864:

"If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting Form I-864."

Pls give advice can we attach Peter when we send AOS packet explains this .she work for the state and make around 40k year???