October 2023 - AOS Filers

[ThailandR 54]

Think I figured out the RFE

 

The RFE is a generic one, that includes everything regarding what the I-864 should have.  I just looked at mine (RFE) and it says this in one portion: The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the
"Gross Receipts" line from IRS Schedule C or C-EZ.  My 2022 1099R shows Gross Distribution as over $100K, but the Total Income on the latest Tax transcript shows only a little over $32K. which would still be enough for a household size we have.  a Line above that which is labeled "Total Pension and annuities total shows the over $100K.  I also looked at the I-864, and I did not put the correct amounts in Part 6 section 24a, 24b, and 24c, the total income was the Gross income I listed and not the Total Income from the Total income line...my mistake.  Yet i show that in Part 20 my current annual household income is over $100k.  Guess I should have put the right amounts in those bottom boxes and submitted the 3 - 1099R's with everything and I would not have received an RFE....just surmising here.

 

I just finished putting together a letter of explanation along with the cover sheet indicating the contents I will be including in the packet.  The issue I believe was that my tax transcripts show my total income as low and I did not include my 1099R's for the past 3 years, each show a gross distribution.  With a smaller taxable income.  Since I retired on a disability retirement a large portion of that monthly income is un-taxed.  I had included a pension verification letter which shows what my lifetime defined benefit income is monthly, annually its over 100k. It looks like they ignored that or did not see it, but its in the scanned documents on the site. 

 

I will also be including my last 3 years 1099Rs as well as the tax transcripts again along with 6 months of paystubs, 12 months of Bank statements, and a new Pension verification letter with the wording Defined Benefit Lifetime Pension highlighted and the Monthly amount Highlighted as well.  I have also included all of the above in my letter of explanation as well indicating I also own my home and my monthly pension pays for it and all of our daily living expenses.

 

I also included a 1 in the box 3 of Part 5, which when you add it and box 1 and box 2 makes the household size 3.  I should not have listed being married right? as my wife is listed already in box 1. I need to add my ex-wife into box 6 as I sponsored her in 2014 and we divorced in 2018 after being married for 6 years.  She is remarried, and I am not sure if she has become a citizen yet or worked the 40 quarters in 10 years......so that would make a household size of 3, even though its just the two of us.

 

So if I am looking at this correctly the 125% poverty limit for 3 people is $31,075 and my 2022 Total income line reads a little over $32k for 2022 on the Tax transcript, so that alone should be enough....in theory.  So the RFE must be because i had listed household size originally as 4 instead of 3, put the wrong amounts in the three years tax returns boxes, and did not include the 1099R's, or bank statements and listed those accounts as assets.  I will be correcting those issues, as I indicated and then re-submit the corrected I-864 with all of the evidence once again.

 

The package is going to be huge with 12 months of bank statements for 2 accounts (each is 4 pages), 6 months of pay stubs, the 3 tax transcripts which are each 6 pages, the 3 - 1099R's, the Pension verification letter, a new copy of my birth certificate, the Letter of explanation, the Cover letter, and the 3 page RFE.........hard to believe there are so many pages, all total 130 pages.....going to need a box to mail it to them......sad

 

I will keep you folks updated.  Not sure I need to find a Joint sponsor as my income is more than enough.

 

On another note :

My wife completed her biometrics appt on yesterday. Status online updated on 11/29 to cases being actively reviewed. Glad they let her walk-in in Riverside, Ca.

 

I765 says estimate of 3 months for a decision

 

I485 says estimate of 4 months for a decision 

 

Fingers crossed, EAD decision falls within that timeline or sooner.

Edited November 29, 2023 by ThailandR

[grumpypiggy 290]

On 11/21/2023 at 11:05 AM, grumpypiggy said:

I also answered with No, but haven’t received any RFE yet. Guess we will see…Please keep us posted if your RFE is related to this question.

 

I know a lot of people are confusing about it (including me). Still don’t know what’s the right answer…

RFE received today lol, and it is related to the public charge questions I answered wrong. Anyway, I just uploaded the response and hope everything goes smoothly after this.

 

2023-11-29 Request for additional evidence was sent (failed to answer Public Charge inadmissibility questions)
2023-11-30 Response to request for evidence was received (online submitted)

[mw & rg k1 636]

10 hours ago, grumpypiggy said:

RFE received today lol, and it is related to the public charge questions I answered wrong. Anyway, I just uploaded the response and hope everything goes smoothly after this.

 

2023-11-29 Request for additional evidence was sent (failed to answer Public Charge inadmissibility questions)
2023-11-30 Response to request for evidence was received (online submitted)

Was it that you answered "No" and needed to answer "Yes" (as discussed above) or didn't check anything?

If was "Yes" rather than "No" some of us might want to upload an "unsolicited correction"

 

[grumpypiggy 290]

43 minutes ago, mw & rg k1 said:

Was it that you answered "No" and needed to answer "Yes" (as discussed above) or didn't check anything?

If was "Yes" rather than "No" some of us might want to upload an "unsolicited correction"

 

I answered "No", which should be "Yes". They need me to provide additional info on the rest of the questions, quote from my RFE:

 

Failed to answer Public Charge inadmissibility questions. You indicated that you are not subject to

the public charge ground of inadmissibility under INA 212(a)(4) when answering Part 8., Item

Number 61. on your Form I-485. Therefore, you did not answer Part 8., Item Numbers 62.-68 related

to the public charge ground of inadmissibility. However, you are subject to the public charge ground of

inadmissibility because you are applying for adjustment of status as a family-based applicant. Please

provide your answers to Part 8., Item Numbers 62.-68. on Form I-485 related to the public charge

ground of inadmissibility. Place your initials and the date next to each answer and return your

completed Form I-485 with your response to this notice.

[ThailandR 54]

6 hours ago, grumpypiggy said:

I answered "No", which should be "Yes". They need me to provide additional info on the rest of the questions, quote from my RFE:

 

Failed to answer Public Charge inadmissibility questions. You indicated that you are not subject to

the public charge ground of inadmissibility under INA 212(a)(4) when answering Part 8., Item

Number 61. on your Form I-485. Therefore, you did not answer Part 8., Item Numbers 62.-68 related

to the public charge ground of inadmissibility. However, you are subject to the public charge ground of

inadmissibility because you are applying for adjustment of status as a family-based applicant. Please

provide your answers to Part 8., Item Numbers 62.-68. on Form I-485 related to the public charge

ground of inadmissibility. Place your initials and the date next to each answer and return your

completed Form I-485 with your response to this notice.

I wonder when we will recieve that RFE since we did the same as you.......RFE for the I-864 being addressed now

[grumpypiggy 290]

1 hour ago, ThailandR said:

I wonder when we will recieve that RFE since we did the same as you.......RFE for the I-864 being addressed now

i mean…you don’t have to wait for it to come. I kinda regret that i didn’t submit corrections before they gave me RFE…didn’t get the time to do that due to thanksgiving trip. If i did that on time, I could get an approval by now

[ThailandR 54]

25 minutes ago, grumpypiggy said:

i mean…you don’t have to wait for it to come. I kinda regret that i didn’t submit corrections before they gave me RFE…didn’t get the time to do that due to thanksgiving trip. If i did that on time, I could get an approval by now

You would think they would send 1 RFE for all issues they want corrected....

[mw & rg k1 636]

2 hours ago, grumpypiggy said:

i mean…you don’t have to wait for it to come. I kinda regret that i didn’t submit corrections before they gave me RFE…didn’t get the time to do that due to thanksgiving trip. If i did that on time, I could get an approval by now

I just uploaded a doc ... although as it wasn't based on an RFE, I had to upload it as "Other Supporting Documents" with a cover letter explaining that this replaces the other 485.
Lets see if this works (or moves my case along at all.....)

Status online said 6 months to next step before the upload ....

 

[novfiler 17]

My application for GC was approved today. September 19th - submission to USCIS, Biometrics on Oct 6th, approved today. I got my GC almost exactly two years later from my initial petition date for my I-129f. 

[ThailandR 54]

Checking status with the MyProgress tab on the USCIS page after logging in shows 2 weeks for processing the EAD card.  Has anyone received there's in the mail yet.

 

Edited December 3, 2023 by ThailandR

[Ieva&Brian 24]

On 11/28/2023 at 1:31 PM, OsmanMCFC said:

Hi All,

 

Thanks for the info on this forum its really helping.

 

My NOA for my EAD was 9/27 and my biometrics was 10/31 still have nothing for both my EAD and AOS but it says they are actively reviewing my case.

 

on my online account the AOS states '5 months' on the 'Myprogress' section

 

for my EAD it originally told me '2 weeks' until case decision on 'Myprogress' after my biometrics appointment on 10/31. 

2 weeks went by a while ago and it is just stuck on :

'Your case is taking longer than expected to process. You will be notified if you need to take any action.'

 

Is anyone else in this same position? 

 

I just feel like i'm stuck in limbo all over again.

USCIS are insufferable they have no regards to us honest people who left everything, have came here legally, waited over 2 years and just want to get our lives back on track and off pause mode !

 

I had my biometrics on 11/01 after that all it shows is - "Case is Being Actively Reviewed by USCIS" .

I had the same for EAD, at first it said 2 weeks and when 2 weeks passed I now have the same message without new progress estimate. 

 

For AOS it shows 5 months. Who knows how long it will take. As far I see here California cases are quick with EAD...

 

I do hope for early Christmas gift like EAD card in hand or combo, that would be amazing

 

 

Edited December 4, 2023 by Ieva&Brian

[OsmanMCFC 19]

1 hour ago, Ieva&Brian said:

I had my biometrics on 11/01 after that all it shows is - "Case is Being Actively Reviewed by USCIS" .

I had the same for EAD, at first it said 2 weeks and when 2 weeks passed I now have the same message without new progress estimate. 

 

For AOS it shows 5 months. Who knows how long it will take. As far I see here California cases are quick with EAD...

 

I do hope for early Christmas gift like EAD card in hand or combo, that would be amazing

 

 

Honestly, cant ever trust USCIS timelines they are extremely unreliable and always change...

 

I hope yours comes soon then, i don't know how long its taking here in Massachusetts but i'm trying to be optimistic, just feels like K1 process all over again...

 

Best of luck to you.

 

Post your updates on this thread!

[mw & rg k1 636]

1 hour ago, OsmanMCFC said:

Honestly, cant ever trust USCIS timelines they are extremely unreliable and always change...

 

I hope yours comes soon then, i don't know how long its taking here in Massachusetts but i'm trying to be optimistic, just feels like K1 process all over again...

 

Best of luck to you.

 

Post your updates on this thread!

@leva&Brian ....
Agree (unfortunately) with Osman ... timeline even on USCIS site is a poor estimator or tool to plan for anything.
We are stuck waiting on the I765 at the moment unable to get Drivers License or SSN Name update complete until the Government finishes with that .... aiaiai

[XinTing 13]

For everyone where the status to “case is actively being reviewed” did you ever have a status update saying “fingerprints were taken”. We still have no online access code and no updates on our case status tracker other than “fingerprints were taken” 

[serret 55]

9 minutes ago, XinTing said:

For everyone where the status to “case is actively being reviewed” did you ever have a status update saying “fingerprints were taken”. We still have no online access code and no updates on our case status tracker other than “fingerprints were taken” 

I never got that status. My status was “Rfe response received” then after my biometrics on Nov 16, EAD and AOS statuses turned into “case actively reviewed.” My EAD timeline was also estimated to be 2 weeks, but then last week it turned into “taking longer than expected.” AP status is still “case received,” no changes so far.

Edited December 4, 2023 by serret