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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)

Hi all, I've been a long time lurker on VJ and its helped me so much in my journey from the UK to the States.

 

I really need some help with a recent Request for Initial Evidence I received in the mail on Saturday 04/29/17. I don't fully understand what they're asking for so I called the number on the letter to speak with customer service and he couldn't tell me anything other then make an appointment with my closest USCIS office.

 

 

The letter reads: 

 

X: Submit a completed and signed form i-864, Affidavit of Support, for the petitioner/sponsor listed on Form I-130 or Form I-129F. Even if a joint sponsor will be used, the petitioner/sponsor must submit Form I-864. (The Form I-134 is not acceptable to use for Adjustment of Status) Also, provide copies of the petitioner/sponsor's most recent Federal income tax returns and all supporting tax documents (W-2's, 1099's, Form 2555, and tax schedules).

 

If you have submitted Form I-864 , the version you submitted is no longer accepted. You must submit Form I-864 with a revision date of 07/02/2015. All pages of Form I-864 must be present and of the same revision date.

 

If the applicant qualifies for one of the exemptions on Form I-864W, please submit a completed and signed Form I-864W, (revision 07/02/2015).

 

 

Any help or thought would be really appreciated, just when I thought we where nearing the end with my biometrics appointment being this coming Friday we get this. it was so disheartening for me and my wife. 

 

A few things to mention and questions, also please feel free to mention anything you may think will or could help :) 

 

What exactly are they asking for? new I-864 forms from my wife? or both my wife and co-sponsor, along with all new supporting documents.

 

so after getting the RFE, I went through the copy of everything I sent to USCIS, and seen the I-864 form I sent with my AOS package had an expire date of 02/29/2016. Could this be the reason we got the RFE? I thought they accepted old Forms.

 

What does it mean by.. revision date of 07/02/2015? 

 

We did use a co-sponsor from the very beginning, my wife's uncle. as she was hovering right around that poverty line with her income. better to be safe then sorry right, he made more then enough to co-sponsor me however since having send off my AOS Package he has lost his job, will this change things? if I'm required to send another I-864 from both my wife and co-sponsor for this RFE, will I need a new co-sponsor since he is no longer earning that income?

 

Lastly, as proof of income we sent, almost half a years pay stubs, W-2's from last year (2016) and a letter from employer stating everything needed. but no tax return. is it 100% needed or do you just need to show enough to prove earnings?, this stands for both my wife and our co-sponsor. 

 

Thanks in advance to anything that can help. 

Edited by James_d
Filed: Citizen (pnd) Country: Turkey
Timeline
Posted

Sorry to hear you got a RFE, it might feel like a terrible setback but you can get through this.

For the RFE, you should do exactly what they are asking you. 

Fill out and send a new I-864 from your wife. Include all supporting documents, i.e. complete 2016 tax return, tax transcripts, W-2s etc. all they are asking for. I hear they almost always want the tax return.

I-864 is here: https://www.uscis.gov/i-864.

Fill it out all on the computer, or by hand, pick one.

If your wife's uncle lost his job, unfortunately he does not qualify to sponsor you anymore. I think you need to find a new joint sponsor and provide all the documents for that person as well.

Good luck!

 

K-1, AOS, ROC, Citizenship timeline below:

Spoiler

 

Met in school summer of 2011, started dating May 2012, engaged June 2016

07/15/2016 - Sent K-1 visa documents                    04/20/2017 - Mailed AOS package                                              09/16/2019 - Mailed ROC package to wrong center

07/19/2016 - NOA1 (California Service Center)         04/23/2017 - AOS package delivered                                          09/19/2019 - Printed everything again and mailed it correctly

09/02/2016 - NOA2 (45 days)                                 04/29/2017 - AOS text and email notifications                             09/23/2019 - ROC Case Was Received

09/15/2016 - NVC case number assigned                 05/04/2017 - NOA1 received for AOS, EAD, AP                            12/02/2019 - Biometrics Appointment (Got notice late, missed appt)

09/29/2016 - Case is "Ready" at embassy                05/22/2017 - Biometrics taken                                                   12/09/2019 - Biometrics taken, walk-in

10/06/2016 - Got an interview date!                        06/14/2017 - Case is Ready to Be Scheduled for Interview            12/10/2019 - Fingerprint Review Was Completed

11/06/2016 - Scheduled the medical!                       08/03/2017 - Interview is Scheduled                                           04/22/2020 - Case Was Received At My Local Office

12/06/2016 - Medical done!                                    09/06/2017 - Interview time!                                                     05/22/2020 - New Card Is Being Produced

12/12/2016 - Interview done! Visa approved!            09/06/2017 - RFE for (lost) medical                                            05/26/2020 - Case Was Approved

12/16/2016 - Visa issued                                         09/19/2017 - New medical submitted (in person)                         05/30/2020 - Card Was Delivered To Me By The Post Office

12/19/2016 - Passport with visa, envelope in hand     09/26/2017 - New Card is Being Produced (online update)                                       (First class mail, tracking provided)                     

01/11/2017 - POE!!!                                               09/29/2017 - Received I-797 Approval Notice                                                  06/28/2020 - N-400 application window opens!

04/06/2017 - Married                                                                              Card Was Mailed to Me                                                 07/13/2020 - N-400 application submitted!

                                                                            10/04/2017 - Green card in hand!                                                                  11/23/2020 - Called for a service request

                                                                                                                                                       12/04/2020 - Biometrics scheduled online notice

                                                                                                                                                       12/31/2020 - Biometrics appointment

                                                                                                                                        06/24/2021 - Interview Notice (interview on 7/27/2021)

 

 

Posted

You will need a new co sponsor who earns 125% of the poverty guideline. Your wife's uncle is out of the game right now that he lost his job.

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Thanks for the info and quick responses guys, I really appreciate it.

 

So taking your advice how does this sound going forward,

 

My wife files taxes for 2016 and as we wait for those transcripts to get back to us, I find a new co-sponsor, get together fresh (in date) I-864 Forms, and send them along with all supporting documents, tax transcripts for 2016, pay stubs, W-2's and a letter from employer, for both my wife and new co-sponsor?

 

Have I missed anything? 

 

Thanks again.

Filed: Citizen (apr) Country: England
Timeline
Posted
16 hours ago, James_d said:

Thanks for the info and quick responses guys, I really appreciate it.

 

So taking your advice how does this sound going forward,

 

My wife files taxes for 2016 and as we wait for those transcripts to get back to us, I find a new co-sponsor, get together fresh (in date) I-864 Forms, and send them along with all supporting documents, tax transcripts for 2016, pay stubs, W-2's and a letter from employer, for both my wife and new co-sponsor?

 

Have I missed anything? 

 

Thanks again.

 

Go read the instructions for the form  starting at the bottom of page 7.  You will learn that acceptable tax information is--

 

A photocopy of the actual paper version of the tax return including all forms and schedules in it PLUS a photocopy of the wage statement (W2 or 1099).

 

--OR--

 

A transcript from the IRS

 

WHat you described is a mashup of both. Pick one.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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