September 2021 - AOS Filers

[Dark2013 26]

14 minutes ago, Penguinlalala said:

Hello, I was hoping I can get some answers here:

 

We received an RFE for my adjustment of status recently.

One of my questions is, my husband is currently unemployed and I’m not sure what documents we need to provide for him since he is the petitioner.

In the RFE it says:

Based on the documents submitted, we could not determine that the petitioning sponsor, <husband>, on Form I-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, the petitioning sponsor's Form I-864 must be properly completed and signed, and the supporting documents must establish that the petitioning sponsor's income meets 125 percent of the federal poverty guideline for the sponsor’s household size. See Form I-864P for information on the Federal Poverty Guidelines.

 

If the petitioning sponsor's income does not meet 125 percent of the federal poverty guideline for their household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form I-864 Instructions for more information. If you decide to obtain a different joint sponsor, you will need to:

-Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present and of the latest edition date.

-Provide the joint sponsor's Social Security Number on Form I-864.

-Provide a complete and correctly calculated household size on Form I-864.

-Submit a complete copy of the joint sponsor's Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.

-Submit evidence of the joint sponsor's status as a United States citizen, United States National, or Lawful Permanent Resident.

 

We also have his dad as our joint sponsor but is retired and owns the house that we are currently living in— we provided all IRS documents w2s, 1040 sr, 1099-r, 8867, 8879, ssa-1099 but it says on the RFE that we need to send them all of these documentation again. They also asked us to include his dads SSN which we did when we filed so I’m a bit confused on out current situation. Any advice or help would be appreciated.

 

Last thing they added was: You have submitted Form I-485, Application to Register Permanent Residence or Adjust Status, and ALL pages of the form are not present or of the same edition date (which in my defense I made sure that everything is properly answered and even put N/A on blanks.

 

I apologize if this too long but I am in need of assisstance.

 

It seems that the I 485 is mixed with old forms, just double check. For the sponsor you need someone working as a sponsor that will give you his 3 years of tax , W2 and last paycheck and make enough to cosign you.

Good luck

[Penguinlalala 6]

Just now, Dark2013 said:

It seems that the I 485 is mixed with old forms, just double check. For the sponsor you need someone working as a sponsor that will give you his 3 years of tax , W2 and last paycheck and make enough to cosign you.

Good luck

Thank you! I will make sure to check this. Also additional question, can that sponsor be my petitioner instead of my husband?

[Penguinlalala 6]

On 11/9/2021 at 12:32 AM, sandiegodan2020 said:

We sent it via FedEx. There were too many pagesand documents to properly scan and there were limitations to how many pages I could scan per their upload instructions.

Our RFE response package was received this morning in MO and no change in status yet.

I hear the change in status is hit or miss. For now I wait and hopefully what I sent will cure the deficiency.

I sent a fresh form and reviewed all figures and calculations.

Used a cover page that outlined everything I submitted.

sent both copies of birth certificate and bio page of passport.

Federal 1040 with schedules.

3 years of W2s.

3 years of tax transcripts.

Two months of most recent pay stubs.

Employment letter. 

 

Is it possible to ask a copy of your cover letter?

[boy2aman 89]

Unfortunately, only your husband can be the petitioner at this point. 

[googly3 16]

On 11/8/2021 at 8:00 PM, googly3 said:

I'm in the same boat as you, though it's only been two days. I know its very anxiety inducing but going through a bunch of posts it's a mixed bag if USCIS will update to "actively reviewing" after RFE response. There's a post a couple of pages before from another UK person whose status did change. But there's several who had no update for months and then it went straight to "interview scheduled". 

 

 

 

Update on my case today:

 

Had biometrics done yesterday at Lawrence, MA. Took about 40 mins in and out, fairly straightforward process. Today my status changed to "case is actively being reviewed". Not sure if it is because of the RFE response I sent out last week or because of the biometrics. Hoping it's the RFE response that triggered it 🙃 . Now the waiting game begins.

Edited November 10, 2021 by googly3

[Dark2013 26]

1 hour ago, Penguinlalala said:

Thank you! I will make sure to check this. Also additional question, can that sponsor be my petitioner instead of my husband?

No but the sponsor don't matter.

[googly3 16]

1 hour ago, Penguinlalala said:

Thank you! I will make sure to check this. Also additional question, can that sponsor be my petitioner instead of my husband?

Is the sponsor related to you? USC Husband/Wife being the petitioner would be the quickest option for AOS.

[Penguinlalala 6]

33 minutes ago, googly3 said:

Is the sponsor related to you? USC Husband/Wife being the petitioner would be the quickest option for AOS.

The Petitioner would be my Father In Las since my husband isn’t qualified to be my sponsor since he is unemployed. My father in law is retired so we have another friend as a joint sponsor 

[Penguinlalala 6]

35 minutes ago, Dark2013 said:

No but the sponsor don't matter.

So my husband still needs to be my petitioning sponsor even if hes unemployed? Or can my father in law be my petitioning sponsor? I’m sorry if I’m asking too much

[Dark2013 26]

1 minute ago, Penguinlalala said:

The Petitioner would be my Father In Las since my husband isn’t qualified to be my sponsor since he is unemployed. My father in law is retired so we have another friend as a joint sponsor 

Am confused. Who is the US citizenship ? Your dad or husband?

[Penguinlalala 6]

Just now, Dark2013 said:

Am confused. Who is the US citizenship ? Your dad or husband?

My husband and father in law are both US citizen

[Dark2013 26]

1 minute ago, Penguinlalala said:

My husband and father in law are both US citizen

If your husband is the petitioner meaning the one that filed I130 for you then yes. He will be the sponsor then you can add additional sponsors to meet the salary requirements

[The.locd.doc 50]

18 hours ago, thanachan13 said:

WE sent the docs for REF this afternoon via USPS and trying to upload the docs too online, but we always encounter this error:

 

Any Idea what to do? All files are below the 6MB limit. Tried different browsers too but it still shows the same error. Thanks.

This happened to me when I tried to upload some documents for my I-131 case (long story). The only category that worked was "USCIS notices". I don't know what's up with that

[thanachan13 18]

45 minutes ago, The.locd.doc said:

This happened to me when I tried to upload some documents for my I-131 case (long story). The only category that worked was "USCIS notices". I don't know what's up with that

Hi, there's no USCIS notices in the category options now, but there's an USCIS correspondence one. I tried that too and the same error occured. This is making me frustrated LOL

[googly3 16]

2 minutes ago, thanachan13 said:

Hi, there's no USCIS notices in the category options now, but there's an USCIS correspondence one. I tried that too and the same error occured. This is making me frustrated LOL

Maybe it's a size or format issue? I uploaded last week, didn't have this problem.