K-1 AOD issues & RFIE

[Nathan&Emily 10]

So I'm a little bit confused. Got married in August and filed for AOS mid September. Had my biometrics interview yesterday but today I got 3 requests for initial evidence.

The first one says that we need to submit all supporting tax documentation for the most recent tax year. As far as I'm aware we did that. Submitted W2, 1040A, 8863, 1098. The request says W-2, 1099, 2555 and all supporting tax schedules. What did I miss? No idea on US tax law yet.

The second one then says that the I-864 doesn't meet the poverty requirements. Last year my wife earned 17k as she was finishing nursing school. This year with her new job (started in June) shes on 63k a year (already earnt about as much as last year in 4 months) We sent in a letter from her employer stating her position and full time hours and permanent etc, as well as her pay stubs up to that point. Will this not be enough or do they only base the I-864 on the previous years earnings?

The third one is bizarre. My son arrived on a K-2 visa at the same time. It says you must submit evidence that an immigrant visa petition was filed on your behalf before filing AOS. Examples include I-797 from an I-129f fiancee visa. This was included in the package with his form and mine and copies of the K-1 and K-2 visa. What else can I provide as he's not named on the I-797 as he's the K-2. It's all ticked on his form that he's K-2 and linked to my K-1.

Any help would be appreciated. Waiting for second line support to call me back but I don't anticipate getting very far so may need to make an infopass appointment in 2 weeks to get some help.

Thanks

Nathan

[Rc123rc 528]

Didn't this thread already pop up earlier? Probably something similar. Have your wife get a tax transcript from the IRS for 2015. Get a co-sponsor lined up just in case. Yes, she didn't meet poverty guidelines for 2015 on the I-864. However they should have accepted the 2016 documentation of employment. Sorry, can't answer the third item.

[Georgia16 2,858]

Did you provide I-94 for the child also, copy of K-2 visa, and copy of the NOA2 fra i-129F?

[Nathan&Emily 10]

Did you provide I-94 for the child also, copy of K-2 visa, and copy of the NOA2 fra i-129F?

Yup provided all 3 in the packet together with mine and his forms.

Didn't this thread already pop up earlier? Probably something similar. Have your wife get a tax transcript from the IRS for 2015. Get a co-sponsor lined up just in case. Yes, she didn't meet poverty guidelines for 2015 on the I-864. However they should have accepted the 2016 documentation of employment. Sorry, can't answer the third item.

Yeah my thoughts were they should have accepted 2016 employment. She only had 2 months of paystubs but they totalled just over 8k for 8 weeks. Working that out for the year comes to an income of 58k. With signed letterheaded letter from employer it should be enough. Seems odd they say the I-864 isnt showing enough income but also say they haven't got the 2015 tax return. Doesn't make sense.

[Georgia16 2,858]

Yup provided all 3 in the packet together with mine and his forms.

Yeah my thoughts were they should have accepted 2016 employment. She only had 2 months of paystubs but they totalled just over 8k for 8 weeks. Working that out for the year comes to an income of 58k. With signed letterheaded letter from employer it should be enough. Seems odd they say the I-864 isnt showing enough income but also say they haven't got the 2015 tax return. Doesn't make sense.

What have you submitted for the K-2 alone ... not you?

[Nathan&Emily 10]

What have you submitted for the K-2 alone ... not you?

Sorry not quite sure I understand the question? I applied for K-1 with my son named on it and he was given a K-2. We submitted the evidence above along with both I-485 forms (myself and him) all in one packet and with one check.

[Georgia16 2,858]

Sorry not quite sure I understand the question? I applied for K-1 with my son named on it and he was given a K-2. We submitted the evidence above along with both I-485 forms (myself and him) all in one packet and with one check.

Yes i know you send it In together but it should still be stuff only for him? Like for example the I-485, I-94 and so on

[Nathan&Emily 10]

Yes i know you send it In together but it should still be stuff only for him? Like for example the I-485, I-94 and so on

HI

Yes as already stated I sent in two I-485, his i-94, K-2 visa, everything. All filed separately for him as hes 14 and its all filed completely. Full list I sent is

Me

G-1145

I-485

passport, visa birth cert, marriage cert, DS-3025, I-96, K-1 I-797, passport photos

G-325a

I-131

I-765

I-864

Employment letter, 2 months paystubs (since starting the job), birth cert (US wife), 2015 tax return and W-2s

Son

I-485

Passport, visa, birth cert, DS-3025, I-94, passport photos

G-325a

I-131

I-765

I-864 (named on paperwork above)

Check for $2140.

All of that went in one packet and I ticked the box on the I-485 saying he was K-2 adjusting with a K-1. Only thing I can think is they wanted TWO copies of the I-797 included? Which would be really stupid if thats the case.

[KayDeeCee 4,893]

If you get an RFE for most recent tax return, it will always state you did not meet the requirement. Get an IRS transcript so you do not have to worry about whether or not you included a complete copy of the return. Have her provide letter from employer and all her pay stubs up to this point. If she is earning $63k annually, then that should be what is listed for her annual individual and household income on the I-864.

For the K-2, yes, they need their own separate required documentation. Treat each application as if it were being sent on its own. The K-1's I-485 needs a copy of the I-129F approval notice, and the K-2's I-485 needed a copy too. Send back a copy of the I-129F approval notice and copies of their K-2 visa and I-94. Include a statement that they entered on a K-2 derivative visa and did not require a separate visa petition to be filed on their behalf.

[Georgia16 2,858]

HI

Yes as already stated I sent in two I-485, his i-94, K-2 visa, everything. All filed separately for him as hes 14 and its all filed completely. Full list I sent is

Me

G-1145

I-485

passport, visa birth cert, marriage cert, DS-3025, I-96, K-1 I-797, passport photos

G-325a

I-131

I-765

I-864

Employment letter, 2 months paystubs (since starting the job), birth cert (US wife), 2015 tax return and W-2s

Son

I-485

Passport, visa, birth cert, DS-3025, I-94, passport photos

G-325a

I-131

I-765

I-864 (named on paperwork above)

Check for $2140.

All of that went in one packet and I ticked the box on the I-485 saying he was K-2 adjusting with a K-1. Only thing I can think is they wanted TWO copies of the I-797 included? Which would be really stupid if thats the case.

I agree with the answer got got above mine here on what to send.

Yeah my sound stupid but that is what they want.

Also did you not put anything in the package for the I-131 and I-765?

[Nathan&Emily 10]

I agree with the answer got got above mine here on what to send.

Yeah my sound stupid but that is what they want.

Also did you not put anything in the package for the I-131 and I-765?

There wasn't anything else requested beyond what was sent? Nothing specifically needed for 131 or 765 is there?

[Nathan&Emily 10]

If you get an RFE for most recent tax return, it will always state you did not meet the requirement. Get an IRS transcript so you do not have to worry about whether or not you included a complete copy of the return. Have her provide letter from employer and all her pay stubs up to this point. If she is earning $63k annually, then that should be what is listed for her annual individual and household income on the I-864.

For the K-2, yes, they need their own separate required documentation. Treat each application as if it were being sent on its own. The K-1's I-485 needs a copy of the I-129F approval notice, and the K-2's I-485 needed a copy too. Send back a copy of the I-129F approval notice and copies of their K-2 visa and I-94. Include a statement that they entered on a K-2 derivative visa and did not require a separate visa petition to be filed on their behalf.

Ok that actually makes sense with the income thing. Will do that when my wife gets home from work. Thanks for the info

[NikLR 13,227]

Each and everything you send needs it's own copies of the documents. Pretend each package is it's own separate piece. So if the I-131 requires an I-94 and the I-485 requires and I-94 you need to send TWO copies of it. The I-864 for you and the one for your son will need their own separate documentation (even though it's an exact copy of the one you already sent.)

HI

Yes as already stated I sent in two I-485, his i-94, K-2 visa, everything. All filed separately for him as hes 14 and its all filed completely. Full list I sent is

Me

G-1145

I-485 + evidence of marital relationship

passport, k1 visa, birth cert, marriage cert, DS-3025, I-94, K-1 I-797, passport photos

G-325a

I-131 + all documents required

I-765 + all documents required

I-864, tax return transcript, paystubs, employer letter

Son

G-1145

I-485

Passport, k2 visa, birth cert,marriage cert, DS-3025, I-94, passport photos K1 I-797,

G-325a

I-131 + all documents

I-765 + all documents

I-864, tax return transcript, paystubs, employer letter

Check for $2140.

All of that went in one packet and I ticked the box on the I-485 saying he was K-2 adjusting with a K-1. Only thing I can think is they wanted TWO copies of the I-797 included? Which would be really stupid if thats the case.

Yes that's exactly what they want. EVERYTHING is it's own individual package. You must include a copy of everything with each form and with each package as if it's all being sent on it's own without any other paperwork.

[Nathan&Emily 10]

Each and everything you send needs it's own copies of the documents. Pretend each package is it's own separate piece. So if the I-131 requires an I-94 and the I-485 requires and I-94 you need to send TWO copies of it. The I-864 for you and the one for your son will need their own separate documentation (even though it's an exact copy of the one you already sent.)

Yes that's exactly what they want. EVERYTHING is it's own individual package. You must include a copy of everything with each form and with each package as if it's all being sent on it's own without any other paperwork.

The I-864 instructions specifically say not to send in two copies if the person is already named on one tho don't they?

[NikLR 13,227]

But each person needs their own I-864. If there are two I-864 and each one needs their own documents. At least that's how we do it when we do the CR1/CR2.

It's possible for the AOS I-864 it may be different, but I'd rather be safe than sorry since there are two adjustments of status going on here.