EstambulPR

As I posted yesterday, my wife got her EAD approval in 30 days (2/26-3/28). We "lost"" two weeks due to an Affidavit of Support RFE (USCIS allegedly stops processing until the RFE gets resolved?), so technically, she got approved in two weeks. Her SSN card arrived last week, about 3 weeks after filing.

NO! I would not do that to you guys.🤪

I wanted to share this for those of you that have been asking "how long until x...". Our AOS package had a priority date of 2/22/24 and we received an RFE a few days later, on 2/29. I sent the RFE response (an entirely new Affidavit of Support package) on 3/12 and afterwards checked the online account for updates on a daily basis. Even this afternoon (4/1) I checked and it only changed the status of step 2 (biometrics) as completed for the I-765 EAD and the I-485, but not for the I-131 AP application, but nothing showed "complete." Also, the estimated time for EAD completion was at 2 weeks, which has been the same since 3 weeks ago. Well, TODAY 4/1, USPS dropped an envelope from the NBC with a I-797 approving the EAD. All in under a month -with the RFE delay. I must say I am impressed. Technically, USCIS approved my wife's EAD in TWO weeks since they had to wait for my RFE response for the remainder two weeks to continue the process. WOW. Anyway, keep up the hope. Cheers. Saludos. çok Yaşa.

Nope. B2 to AOS.

Awesome!~ It saves me the trip to the IRS office to file for ITIN and having to send the state and federal taxes via mail.

Makes sense. But is it a permanent number assigned to her that can we use that use it for filing taxes? I can't' submit the 1040 without SSN or ITIN. Will she keep the same SSN after the AOS/Green Card process finishes? Thanks!

All, We sent the AOS package for my wife on 2/22 and got a 2/26 NOA. On 2/29 NBC MO sent Affidavit it of Support RFE, which I replied to on 3/12 via paper mail. I have been checking the USCIS page for updates and the EAD estimates have been consistent at 2-3 weeks. Well, yesterday afternoon the mailman dropped off my wife's SSA card (with the DHS work restriction of course). But the USCIS website still showed "in progress." What gives? Does SSA gets automatically notified when we submit package (or gets approved) and issue a card?

Hmmm...seems SSA did away with the requirement for stepchild and step-parent to be living together, and 20 CFR 404.460 already exempts residents of listed countries from the 5-year USA residency requirement. I could not find anywhere saying that the stepchild would NOT qualify unless they were living together for any amount of time; only that the step-parent provides one-half support. And, the stepchild lived together with me for one year but in Istanbul. let's see what they say when I go there. I think this will be a fun visit to the SSA. They do not like resistance. https://www.federalregister.gov/d/2010-21341/p-33 "...The CAAA specifically provided that living with a stepparent would no longer be a basis for finding a stepchild dependent on a stepparent. Now, we consider a stepchild to be dependent on a stepparent only if the stepchild is receiving at least one-half support from the stepparent. The one-half support requirement existed prior to the CAAA and is not a new requirement."

Got it. I see now. She is not adopted but a stepchild but it seems rules are similar?

THANKS!

Thanks for your response. I only have one child currently drawing auxiliary dependent benefits from by SSDI, so I have room. Yeah I read the pamphlet, but does not even scratches the surface of the applicable law. At any rate, Turkiye is not one of the listed Treaty Countries, but it is on the list of Social Security Agreement countries on 20 CFR 404.463(a)(7). Here is what I mean: When nonpayment provisions do not apply. The provisions described in paragraph (a) of this section do not apply, subject to the limitations in paragraph (c) of this section, to a benefit for any month if: ------ (ii) Except that, effective with July 1968, § 404.460(b)(2)(i) does not apply if: (A) The beneficiary is a citizen of a country with a social insurance or pension system meeting the conditions described in paragraphs (b)(7)(i), (ii), and (iii) of this section but does not meet the condition described in paragraph (b)(7)(iv) of this section; or https://www.ecfr.gov/current/title-20/part-404#p-404.463(a)(7) List of countries which meet the social insurance or pension system exception in section 202(t)(2) of the act. The following countries have been found to have in effect a social insurance or pension system which meets the requirements of section 202(t)(2) of the Act. Unless otherwise specified, each country meets such requirements effective January 1957. The effect of these findings is that beneficiaries who are citizens of such countries and not citizens of the United States may be paid benefits regardless of the duration of their absence from the United States unless for months beginning after June 1968 they are residing in a country to which payments to individuals are being withheld by the Treasury Department pursuant to the first section of the Act of October 9, 1940 (31 U.S.C. 123). https://www.ecfr.gov/current/title-20/part-404#p-404.463(a)(7) 20 CFR 404.463(a)(7) Antigua and Barbuda (effective November 1981) Argentina (effective July 1968) Austria (except from January 1958 through June 1961) ..... Turkey United Kingdom ....

All, Has anyone ever attempted to secure Social Security Disability Insurance (SSDI) Auxiliary or Derivative Child Benefits for a family member abroad? Now, before some have the automatic "no one can receive SS benefits while overseas" response, there are official SSA rules (Policy Manual for Medicare and Social Security - POMS) and plenty of US law (20 CFR 404.460) addressing Nonpayment of Aliens exceptions and eligibility. Her country (Turkiye) is specifically listed under the "Social Security countries" i.e., treaty countries, and as such, not subject to the rules mandating that child and SSDI beneficiary live together in same household for five years before applying for benefits, or the requirement that both parents (step parent and biological parent) live together in same household in the USA for five years before applying. I provide half her support by sending money to her mother's bank in country which she has access to, so that's easy to prove. Again, I only wanted to see if anyone has tried before going to over the local Social Security Administration office and deal with them. Thanks!

I hear you and that sounds like a good idea. Community colleges are more flexible, true. Thanks!

We just started the IR2 process for the minor child...we're not even close to being called for an interview yet.

Hello all, I re-read (for the umptieth-time) the I-864 Instructions and realized I made a couple of mistakes (including last 3 IRS transcripts (2022,2021,2020) but writing the wrong years on Part 6. 24a,b,c.; including previous-year 1099s without Tax Returns, etc.). Here is the instructions, verbatim: "If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income." I filed as Single last year, so that was my own fault for overlooking this obvious rule. As I was conducting research, however, I found the Consolidation of Policy Regarding USCIS Form I-864, Affidavit of Support (AFM Update AD06-20), (USCIS Adjudicators Field Manual), now (partially) superseded by the Policy Manual on how to adjudicate I-864 Applications: "In general. When determining the sufficiency of a Form I-864, USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864. Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864." "IMPORTANT: If the income is at least 125% (or 100% as applicable) of the governing Poverty Guideline in the Form I-864P, Poverty Guidelines, from the year in which the Form I-864 was filed, the Form I-864 is sufficient." It seems adjudicators are supposed to look forward rather than backwards at the sponsor's finances, correct? My greatest challenge is proving to USCIS that my Veterans Disability Compensation (fully tax-exempt AND permanent in nature) and Social Security Disability (partially tax-exempt) are Earned Income and therefore part of the income equation albeit not being wholly included in my IRS Total Income calculations. I did further research, and found this on https://www.ecfr.gov/current/title-8/part-213a#p-213a.2(c)(2)(i)(B) : "... If the sponsor claims he or she had no legal duty to file for any reason other than the level of the sponsor's income for that year, the initial evidence submitted with an affidavit of support must also include any evidence of the amount and source of the income that the sponsor claims was exempt from taxation and a copy of the provisions of any statute, treaty, or regulation that supports the claim that he or she had no duty to file an income tax return with respect to that income." Although the preceding citation applies to those sponsors with foreign income and/or no legal duty to file Federal taxes, I think I will submit (again) letters of benefits from the Social Security, Defense Finance Service, and the VA but with an explanation citing Title 8 213a.2(c), above. Reading through dozens of discussions here on VJ re: tax-exempt retirement income, Social Security Disability payments and Veterans Disability Compensation, I get the feeling that USCIS has a problem with interpreting law regarding non-taxable income and special situations where there are no W-2 and IRS taxable income does not match "real" income. Here are the sample letters: - DEFENSE FINANCE AND ACCOUNTING SERVICE Retired and Annuitant Pay 8899 E 56th Street - Retired Pay Indianapolis, IN 46249-1200 https://www.dfas.mil/RetiredMilitary/ March 07, 2024 TO WHOM IT MAY CONCERN: Reference is made to your request for certification regarding receipt of Military pay in the account of Ax Rxxx This is to certify that the member is on the Retired rolls of this Center and is currently entitled to pay at the gross monthly rate of $x,531.00 which is normally payable during his/her lifetime. Sincerely, Retired Pay Department - Social Security: You asked us for information from your record. The information that you requested is shown below. If you want anyone else to have this information, you may send them this letter. Information About Current Social Security Benefits Beginning December 2023, the full monthly Social Security benefit before any deductions is $x,087.20. We deduct $174.70 for medical insurance premiums each month. The regular monthly Social Security payment is $x,912.00. (We must round down to the whole dollar.) Social Security benefits for a given month are paid the following month. (For example, Social Security benefits for March are paid in April.) Your Social Security benefits are paid on or about the third of each month. We found that you became disabled under our rules on January 7, 2018. Information About Past Social Security Benefits From December 2022 to November 2023, the full monthly Social Security benefit before any deductions was $x,991.50. xxx My 1040 looks like this: 5a Pensions and annuities . . 5a b Taxable amount . . . . . . 5b $x5,489. 6a Social security benefits . . $x3,025. 6a b Taxable amount . . . . . . 6b $x,335. (16% of SSDI) So IRS adds Pension and SSDI, and Line 15 (Total Income) is dismally low, about 18% of taxable (pension and SSDI), but not even 10% of my actual annual income. In the end, I think I will submit my full 70-page 2022 Tax Return with all forms and attachments (except State returns), along with 1099s, VA letter, SSDI letter, DFAS letter, and six months of bank statements showing steady stream of deposits. I will write a cover letter explaining everything succintly, and hope this works.

All, We finally got a bunch of USCIS letters in the mail with case numbers for the 485, 131, 765. We also got a Biometric Appointment in a couple of weeks. My wife opened an account and plugged one case number and the rest just appeared on her homescreen....then we say an RFE for my Affidavit of Support....=0(

On 2/22/2024, USCIS confirmed receipt on my wife's AOS package sent to Eglin. One week later they sent an RFE: "Based on the documents submitted, we could not determine that the petitioning sponsor 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." I checked the form a thousand times. everything was filed out and signed properly. I included evidence of income for the past three years: IRS Transcripts, latest 1099 from the Social Security Disability, and a letter of benefits from the Veterans Administration indicating that my payments are permanent. My number of dependents (including my immigrant spouse and an adult disabled child NOT LIVING WITH ME, puts me a 3 people in the household, according to the worksheet. Even with her daughter coming next year (separate IR-2 petition), it would be 4 people in the household. On Page 5, questions 24.a,b,c, I wrote down my income over the past 3 years as per my Tax Transcripts for 2020, 2021, 2022. The IRS "computer income" is a bit below the 125% HHS Poverty guidelines because it reflects the reduction "on paper" of 85% of my SSDI being tax exempt. In reality between those two income streams alone my gross income is way over 125% limit for a household with 8 people. Adding my VA compesation, however, DOUBLES my annual income and makes it leap OVER the guidelines for a household of 15 people. I clearly stated my GROSS income on Part 5 (7), and Part 6 (20), which dramatically differs from the IRS tanscript, but for which I submitted official government documentation as proof. Having read beforehand that some veterans had problems with USCIS refusing to acknowledge VA disability compensation pay as a source of income, I included the following statements in the "Additional Information" page: "Real Gross Income is $xx1,711/yr, $x,316/ monthly: Military retirement ($x,124); Social Security Disability ($x,990); VA Disability Compensation ($x,202). VA benefits are tax-exempt and not reflected on tax records. 85% of SSDI is tax-exempt making Total Income Per Computer on Tax Transcripts artificially low." "IRS Tax Transcripts do not reflect VA benefits (projected $X0,424/yr for 2024) since these are tax-exempt and not reflected on tax records. 85% of SSDI is tax-exempt making Total Income Per Computer on Tax Transcripts artificially low." So my questions are: Are these forms machine read and therefore prone to "logic errors" or lack of context? Do they even bother to read the "additional information" pages for context? What new information am I supposed to send that I have not already submitted? *Should I send a message to the officer reviewing my case via the USCIS message tool? Of note, the letter was sent from- and must be replied to- this address. It is normal to parse out AOS packages to field offices? My assigned center was Chicago as I am in Maryland. U.S. Department of Homeland Security USCIS, Attention: Adjustment of Status PO Box 648004 850 NW Chipman Rd Lee’s Summit, MO 64002 Thank you all in advanced for your responses.

Wow, thanks for the thorough answer. It is definitely worth exploring that option, from many angles. I also think it would benefit her socially and culturally to get the senior year experience, as well as allow her to practice English, get up to speed on other subjects and even improve her chances of passing the SAT and TOEFL with higher scores. Thanks again!

Sorry for the mixup. I really did not know where to start the topic. Thanks!

Hello all, My stepchild (IR-2 immigrant) is 16 now and has one more year of HS after this one. She will graduate in July 2025, a few days before turning 18. We are praying that she finishes the IR-2 process so she can be on the ground in USA before the Fall semester 2025. Maybe others with similar situation can help me with these questions: College Applications: As I understand, she will have to take at least the TOEFL or IELTS. I also know many schools do not require SAT scores to apply. Since she will most likely enroll in a community college the first two years, she will probably not need it. She knows some English but I do not believe is anywhere near the level needed to pass the SAT. Can anyone chime in? Since application for colleges start one year prior, and she will still be abroad, does she have to apply as a foreign student? I ask because: a. there are quotas for the number of foreign students a school can have; b. tuition is waaayy more expensive for foreign students; and, c. she will be using my VA education benefits (she is already registered as my dependent) so I don't know if there is a conflict. Of course, once she comes with her IR-2 GC, she's be an LPR; maybe the college will allow her to change designation to "US Person/in-state student" once she produces proof of status? Repeating 12th grade: I was pondering whether we should make her repeat senior year once she gets here, so she can be better prepared in all the important subjects (Math, Science, English, etc.) Is that doable? I guess I'll have to contact the county school system and inquire. But I am not sure they'll allow it since she will have already graduated from HS in her country. If anyone can chime in, I would greatly appreciate it. Thank you.

Hello, I am not sure but I think you can go into your account and look for open interviews or cancellations and try to get one earlier? At least that is what my wife did for her B2 visa; not sure if that is an available option for IR visas. Could you please tell me how long it took to get the DQ after completing the NVC process? And the email for interview? Thanks!

ADMIN, ALL: I started a timeline for my spouse's AOS process (she's in the USA with me). I am trying to start a second timeline for her child's IR2 application process in Ankara. How do I go about doing it? I filed the i-130 online and received the NOA1 already. Thanks.

Got it! Thanks. I should check it out. we will open a separate account for her and her daughter whom is doing IR2 in Ankara

Got it! I though everything would be kept under one file. But next is her daughter's (my step daughter's) IR2 package via NVC!

Yes IOE