NVC Checklist Cover letter // AOS missing elements // we believe NVC is wrong

[FrenchJourney 0]

Hi,

We received yesterday(Feb 11^th) the following mail from NVC after sending the whole package back in december (with a receipt date of Jan-4^th).

We reviewed your I-864, I-864EZ, I-864W or I-864A Affidavit of Support form and supporting financial documents. We found that you didn't provide all the necessary supporting documents or you had incomplete information or you missed some questions on the Affidavit of Support form(s).

Apparently so the 2 following things are missing in our AOS :

[x] In Part 8. Sponsor's Contract, please correct the following...

[x] Item 6.a. You must sign the form and your signature must be original.

[x] You must submit the following financial evidence:

[x] Your {2014} W-2 forms(s).

The problem is that these missing elements are partially wrong :

• The form is signed
• The W-2form is irrelevant because my husband was not working in the US back then.

So basically, our understanding is that we would need to resend the AOS with the original signature (because we had it sent by our lawyers,so they printed our scans of the AOS) – which means another additional month of waiting before they review the case as NVC specifies in this letter : “After you email or mail the requested information, allow us 30 days to review your response.”

Our lawyers are trying to reach the NVC to discuss this, because they told us that in most countries (except France) the AOS is sent by email anyway…

Producing the original AOS at the Embassy interview should be plenty. (or so our lawyers say)

I’m trying to get additional feedback from you :

• Did our lawyers screw up (ie we should have sent the document with the original signature)?
• Is there a chance to open up the discussion with the NVC?

Additionally, we received this letter from the NVC only for my file. We also have our 3 kids through the same process – and haven’t received anything (yet) on their cases…

Would that be an additional worry (their cases are back-tracked, and we will receive similar letters with the additional month as well…)?

Or could this be reassuring? (their cases are fine, and so should mine be, it’s a mistake from the NVC?)

Many thanks for your help / feedback / experiences!!!

C.C.

[Dohan 133]

The signature on the I-864 must always be an original signature.

Was your spouse working outside of the US in 2014? If so, he should have an income tax filing proof for that year so that replaces a W2, or an IRS transcript will work. USCIS requires American income as evidence, they won't accept international paystubs and etc.

AOS for now is done by paper, that's how USCIS processes it. Maybe I am confused, are you doing AOS while outside of the US?

[dwheels76 5,459]

1. Yes the original I-864 with signature is required.
2. for 2014 what did you put if he didn't work $0 than a cover letter explaining your husband did make enough to file?

There's no dialogue you have 2 errors that need fixing in order for you to proceed. Sorry

[FrenchJourney 0]

Hello,

Thanks for your answer.

To give a little more context :

my husband is both french and american. (His parents are american and he was born in France).

We married 10 years ago (in France), have had 3 kids, and always lived in France.

Last summer, a job opportunity opened up for him in the US.

We decided to move all to the US - and had no idea it would be such a hassle!

We started the process in september, and he's been living in the US since this January.

When we filed the AOS, he didn't have a US contract yet. He has been working in France almost all his working life (except from 1999 till 2000, he worked 1 year in NYC).

I know he has been doing some tax back-filling with the help of the lawyers as well, as he was not paying taxes in the US and hadn't declared income for quite a long time.

Not sure if that helps?

So basically what you're saying is that the missing original signature IS a valid request / that can't be challenged with the NVC, and we have to send it as soon as possible (and wait another month). No hope of negotiation?

I'm really pissed at the lawyers then...

Thanks!!!!

C.C

[Dohan 133]

To speed up the process, if it is taking him a long time to do the back taxes, you can use a co-sponsor. Does not have to be a relative but has to be a US citizen or Green Card holder

[dwheels76 5,459]

Long as he has filed the last 3 years or shows valid reason why he didn't then you can proceed send in new I-864. Matters not if you have joint sponsor or not he is the sponsor and required to file.

[Dohan 133]

agree with what you are saying but if he shows that he did not file in 2014, he has no income to show for 2014 (as 2015 taxes not due until april) so to speed up the process he would do a letter like you're saying but then the issue of income arises, that's why I suggested a joint sponsor

[dwheels76 5,459]

agree with what you are saying but if he shows that he did not file in 2014, he has no income to show for 2014 (as 2015 taxes not due until april) so to speed up the process he would do a letter like you're saying but then the issue of income arises, that's why I suggested a joint sponsor

Ahhh-haaa I get you Dohan. FrenchJourney just have hubby state why he didn't file those years. Fill out new I-864 and mail in.

Sorry your lawyer didn't know about needing to send in original copy of signed document (you would think a lawyer f all people would know that).

Only those filing EP(Electronic processing) through NVC are allowed to email/scan their documents and present originals at interview

[FrenchJourney 0]

Thanks!

So just to make sure I understood correctly:

[x] In Part 8. Sponsor's Contract, please correct the following...

[x] Item 6.a. You must sign the form and your signature must be original.

=> signature must be original, we have to re-send.

[x] You must submit the following financial evidence:

[x] Your {2014} W-2 forms(s).

=> as we don't have a W-2 form, we'll have to provide some evidence that at least he has paid (or declared) income in the US in 2014.

I suppose we should call NVC for them to precise what they need -and to avoid another back and forth in one month? (as in the mail they ask for the W-2 and obviously won't receive it...)

And yes, super disappointed about the lawyers... What's the point of hiring them if they can't anticipate this kind of problems!!!

Thanks!

C.C

[dwheels76 5,459]

Thanks!

So just to make sure I understood correctly:

[x] In Part 8. Sponsor's Contract, please correct the following...

[x] Item 6.a. You must sign the form and your signature must be original.

=> signature must be original, we have to re-send.

[x] You must submit the following financial evidence:

[x] Your {2014} W-2 forms(s).

=> as we don't have a W-2 form, we'll have to provide some evidence that at least he has paid (or declared) income in the US in 2014.

I suppose we should call NVC for them to precise what they need -and to avoid another back and forth in one month? (as in the mail they ask for the W-2 and obviously won't receive it...)

And yes, super disappointed about the lawyers... What's the point of hiring them if they can't anticipate this kind of problems!!!

Thanks!

C.C

They expect a W2 because you put don;t a salary. So they want to see source. If you didn't file you put $0 then they don;t expect anything than you write a short brief cover letter explaining why you weren't qualified to file You didn't make enough, blah blah.

I hear ya. Sorry.

But hey maybe if you get a real nice Rep (supervisor) they may you never know just waive you send to them and just Case Complete you and have you just bring everything to interview.

So make that lawyer earn his money.

[FrenchJourney 0]

Thanks! Will do!

[mallafri76 1,012]

So basically what you're saying is that the missing original signature IS a valid request / that can't be challenged with the NVC, and we have to send it as soon as possible (and wait another month). No hope of negotiation?

I'm really pissed at the lawyers then...

Thanks!!!!

C.C

Yeah, there's no negotiating with US immigrations. They ask for something and you proved it or your case is not moving anywhere.

Bad lawyer saying you can scan the I-864 when it says both on the form and in the instructions that it needs to be original signature.

Edited February 12, 2016 by mallafri76

[FrenchJourney 0]

Hi,

Thank you all for your answers.

Lawyer got hold of NVC, who confirmed we need to send the original signature, and a letter of explanation regarding the W2. Lawyer didn't even say sorry about the mistake... I'm so mad we trusted them on this!

Anyways, we will send the documents, but I have still subject of worries :

- we have our 3 kids cases also being processed at the NVC right now, which means we are going to have exactly the same problem with the AOS. Is there any way we can anticipate this, or de we have to wait to receive the official instructions from NVC? (With the 1 month additional delay built-in...)

I'm particularly worried because 1 of the file (1 of my sons) got back-tracked : we sent our files in december, 3 of us got a receipt date of jan 4th, and he got a receipt date of feb 9th. NVC told us he would be back on track with the family once our case will be reviewed, but now I'm even more worried with this setback.

Thanks!

C.C.