AOS June 2016 Filers

[Jewell London 15]

Could it be for your AP/EAD? It is not unusual for them to be approved without interview.

No, my lawyer did not file for that.

[dumiduda1990 19]

Hi June Filers!

I got a RFIE this morning for AOS. I'm super confused right now and hoping that someone would shed some light on this situation (I was on F-1/OPT visa, and am filing AOS based on marriage)

So the "reasons" I got were:

- The "Sponsor's Household Size" on the petitioner/sponsor's Form I-864, Affidavit of Support (revision date 07/02/2015), was calculated incorrectly or not completed. A household size of 0 or 1 is not acceptable. (This one my hubby and I figured out - we made a stupid mistake...)

- Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year. The petitioner/sponsor must submit all supporting tax documents for the most recent tax year.

We sent my husband's W2, 1099s, the entire tax return of 2015 including the supporting tax schedules (filed in Feb 2016), and the 2 most recent pay stubs to USCIS.. I'm not sure what is missing.... He doesn't have foreign income so Form 2555 was not applicable.

- Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the federal poverty line for the petitioner/sponsor's household size. Submit evidence of assets that meet the standards listed below or obtain joint sponsor. Assets standards must equal the stated difference between the sponsor's household income and 125% of the federal poverty line.

This one is really confusing... Our household income is a lot higher than 12% of the federal poverty line, I'm confused where this is coming from..

Hope someone would know what's going on here... Good luck everyone!

[Jewell London 15]

I called the USCIS an hour ago and the agent told me "There is no mistake, if you don't go through biometrics it's because we have everything we need. You should receive your NOA by August 28th and your green card max 60 days after that." I still don't believe it. I just can't.

[simonschus 58]

I called the USCIS an hour ago and the agent told me "There is no mistake, if you don't go through biometrics it's because we have everything we need. You should receive your NOA by August 28th and your green card max 60 days after that." I still don't believe it. I just can't.

Boom! You knocked it out the park!! Mega news!!! Absolutely excellent news!!

[Jewell London 15]

Boom! You knocked it out the park!! Mega news!!! Absolutely excellent news!!

"Boom" lol I don't know it's sounds too good to be true to be honest.

[simonschus 58]

"Boom" lol I don't know it's sounds too good to be true to be honest.

Haha, I understand that. All you can do is wait for the card to be received in your hands. If there is no movement for a while (not sure the timeframes but probably a week or two) then I'd be concerned but hopefully not. However, if you get it in your hand (or perhaps you get a tracking number for your delivery) then you can celebrate! I don't know the specifics of the delivery process but there are enough details on the fora to piece together the process.

Also, you can always try to call another Tier 2 agent so get a second opinion should you really want! I'm crossing the fingers for you.

Simon.

[Jewell London 15]

Haha, I understand that. All you can do is wait for the card to be received in your hands. If there is no movement for a while (not sure the timeframes but probably a week or two) then I'd be concerned but hopefully not. However, if you get it in your hand (or perhaps you get a tracking number for your delivery) then you can celebrate! I don't know the specifics of the delivery process but there are enough details on the fora to piece together the process.

Also, you can always try to call another Tier 2 agent so get a second opinion should you really want! I'm crossing the fingers for you.

Simon.

Yes I'll wait and let you know what happen. I'll call again later this week. Thanks!

[Soley 73]

I called the USCIS an hour ago and the agent told me "There is no mistake, if you don't go through biometrics it's because we have everything we need. You should receive your NOA by August 28th and your green card max 60 days after that." I still don't believe it. I just can't.

Wow, congratulations!! That's great! I believe it :-)

[Ischnura 285]

Wow Jewell, that is fantastic news!! Congratulations

Sherri, pretty much just gather up all the tax documents again. They lose things all the time from what I've read on here. Currently the Federal poverty line at 125% is $20,025 for a household of two. If he meets the required income requirements resubmit all of your supporting documentation and perhaps a note explaining. My husband makes well over the guidelines but it's none taxable income so we included the past 6 months wage slips and an explanation of where the income is made up from. *fingers crossed I'm not jinxing us here* but I personally think they look at specific places on forms and need a slight nudge to see what they may not be looking for.

Good luck some more all!!

[simonschus 58]

Hi lnaura,

Exactly the same situation with an income way over the threshold but most of it being considered non-taxable and therefore not eligible to be included on the tax transcript (was so annoying trying to ensure the relevant documentation for that!).

Simon

[Ischnura 285]

Ischnura*

I was worried at first. I mean, we knew the tax return wouldn't reflect most of the income but we can't be the only ones who've included none taxable pay, right? I feel like I'm jinxing us so I'm going to cross everything more lol

What did you include besides tax transcripts and pay slips? If I may.

[simonschus 58]

I typed it on my phone and couldn't get back to edit your username!

We had prepared the following: a covering letter highlighting our calculations for her annual income and why pay a specific portion of her income was non-taxable, pay stubs, bank letter highlighting annual deposits and balance, a letter from employer confirming the nature of the salary and breaking it down to taxable vs non-taxable stipend. and three years of tax transcripts. We also had jncluded a joint sponsor just in case too with all the relevant documentation for him.

However, my wife ended up getting offered an excellent job elsewhere which we couldn't turn down. As such, we ended up throwing out all of the documentation for her. We ended up writing a covering letter, submitting her i864 (and transcripts) alongside the joint sponsor i864. We didn't want to submit the original documentation we planned because I) it'd disingenuous given she we knew that her old job would finish two weeks after we submitted the AOS, and ii) her new job didn't start for a few weeks after submitting the AOS and we wouldn't have the documentation for that for a while.

As such, the situation differs from you slightly insofar that we had to change our plans late on. We're just waiting to see if we got any RF(I)Es on the I485/I864, currently on day 65 since filing.

Simon

P.S. Also somewhat worried about the i131 or i765 as the pencil left a bit of an indent on some of the passport photographs. I guess we'll find out soon enough whenever those two are processed. I'm assuming they won't get looked at until around day 88-92 therefore we won't even find about an RF(I)E until then... which would be terrible.

[Ischnura 285]

Changing jobs can be a pickle at times. We've moved so much with my husband's job that we've only just filed after 3 years. Hopefully things go swimmingly for us both on the affidavit front.

Maybe they won't mind, so long as it doesn't distort your images? I wonder if the biometrics pictures replace the ones we sent with the file. Let's hope we're all as lucky as Jewell. I know I'm an update stalker hehe

[simonschus 58]

I understand what you mean with moving! It took just over ten days for us to drive for this most recent move (we decided to make a fun trip of it and see some sights rather than flying/shipping everything just for the three month assignment).

The annoying thing we had was with biometrics as we turn up for a walk in appointment in a random ASC in Chicago half way through our trip as we didn't want to head all the way back to Boston give we were about a third of the way to California by then.

Also, there are issues about whether we're breaking the 10-day rules on updating the USCIS on your physical location... We spoke to two Tier 2 agents and one Tier 1 agent who told us that we shouldn't (yes, shouldn't) update our physical and mailing address with them given that it was a temporary, 3 month visit to where we are living at the moment. I took their ID Numbers and made notes of the time/date just in case we had difficulty. Hopefully no issue for us.

Let alone the issue we have with having to keep her home state plates on her car despite living 10 days drive from that state at the moment. The fun part of that is to do with her car's annual inspection which is coming up in September. We can't get back to the East Cost until October so we contacted her home town DMV for guidance. The joys of my wife's job! Wouldn't change it for the world though as we love these little adventures where we become locals in a short period of time!

Simon

[Jewell London 15]

Wow, congratulations!! That's great! I believe it :-)

Thank you!

Wow Jewell, that is fantastic news!! Congratulations

Sherri, pretty much just gather up all the tax documents again. They lose things all the time from what I've read on here. Currently the Federal poverty line at 125% is $20,025 for a household of two. If he meets the required income requirements resubmit all of your supporting documentation and perhaps a note explaining. My husband makes well over the guidelines but it's none taxable income so we included the past 6 months wage slips and an explanation of where the income is made up from. *fingers crossed I'm not jinxing us here* but I personally think they look at specific places on forms and need a slight nudge to see what they may not be looking for.

Good luck some more all!!

Thank you!