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Aos_guy

AOS from F-1 OPT to Green Card

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Hello everyone, Thanks for your help!

I got married to US citizen and applied for AOS last month. For form I-864 my wife used my(intending immigrant's) income, since I am on OPT(expiring NOV 2015) and working legally and her income wasn't enough (because she is still in college). Her's was 15k so i used mine for the rest since i make 65k. I also provided letter from my employer stating the this job will continue even after i get permanent residency status. But i got RFE with following reason.

* For the household member's income to be included in the household income the household member income must have been from a lawful source and earned while the household member wa authorized to work in US.

The petitioner/sponsor household member on for i-864 or forn i-864A, must submit evidence that they were authorized to work in US.

examples:

1) I-94

2) EAD Card

But I already submitted copy of valid EAD card with my initial Package. Is it possible they missed it? since i sent a very big package with lot of documents including bills...etc

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When you submitted a copy of your EAD did you send it with the I-864 supporting documents or in a different part of your submission?

What I have been told by someone in the past is every form must have the evidence to stand on its own since they usually get separated. So they might only give the paperwork that they believed was part of the I-864 to one officer, but he might not have your entire file in front of him when he is reviewing the paperwork.

Also, did you include your wife's income also on the I-864 even though she doesn't make enough?

So for example, the G-325A is required for the I-485 and in some cases also the I-130. So if you are one of the cases that needs to file an G-325A with the I-130 and file the I-130 and I-485 at the same time, then there better be two copies of the G-325A or they are going to say you are missing initial evidence for either the I-485 or the I-130.

Edited by dhlunar

Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

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When you submitted a copy of your EAD did you send it with the I-864 supporting documents or in a different part of your submission?

What I have been told by someone in the past is every form must have the evidence to stand on its own since they usually get separated. So they might only give the paperwork that they believed was part of the I-864 to one officer, but he might not have your entire file in front of him when he is reviewing the paperwork.

Also, did you include your wife's income also on the I-864 even though she doesn't make enough?

Thanks so much for quick response. I guess that might be the issue. I just sent one copy of EAD card for the whole package (including i-130, i-485, i-864). Yes, I did included my wife's income in there. In RFE that's the only thing they asked for. So I am going to send copy of EAD card again. Also, Should i send a cover letter with that and what should cover letter say.

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I personally have been lucky and never had a USCIS RFE. However, I found the following in terms of responding to a RFE:

Make a duplicate copy of the RFE notice and save it for your records, because the original blue RFE should be the first page of your response packet. USCIS will scan this sheet and forward it for further processing, so if you do not include it (or if it is not on top), you can expect further delays.

Next, you should write a cover letter that outlines the contents of your submission. The cover letter should be organized very similarly to the RFE, so that you can show the USCIS officer handling your case that you provided all of the requested information. Make copies all of the information that you send and save it for your records. It's best to send the RFE response via priority mail with delivery confirmation so that you have proof that you complied with the deadline.

http://www.nolo.com/legal-encyclopedia/how-handle-request-evidence-rfe-from-uscis.html

Edited by dhlunar

Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

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That helps a lot. Thank you so much. One more thing though, Since i am working legally and i provided letter from my employer that my job will continue even after the permanent residence, is that going to be enough for satisfying conditions for I-864? or they might question the income since i am on OPT and working?

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remember on the I-864,

there are 2 main 'income' data points:

1. prior year, from tax data and

2. current year, usually an extrapolation of 12 months of income before taxes are computed out.


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OPT will end, they look at your OPT work permit and it has an expiration date on it, your job ends when it ends so it will not continue from same source.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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OPT will end, they look at your OPT work permit and it has an expiration date on it, your job ends when it ends so it will not continue from same source.

Not Really, The proof that they look for Form I-864 is that the income should continue from the same source even after you get your green card, which my employed provide in the employment letter stating that my employment will continue even after i get permanent residency.

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Not Really, The proof that they look for Form I-864 is that the income should continue from the same source even after you get your green card, which my employed provide in the employment letter stating that my employment will continue even after i get permanent residency.

According USCIS logic, Your employer is willing to hire you but you don't have a OPT by then so how can it be from same source? You must be new with self sponsor issues, most self sponsor income are from h1b, which are long term work permit. OPT is short term (1 year regular and extendable for 17 months if STEM study.)


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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According USCIS logic, Your employer is willing to hire you but you don't have a OPT by then so how can it be from same source? You must be new with self sponsor issues, most self sponsor income are from h1b, which are long term work permit. OPT is short term (1 year regular and extendable for 17 months if STEM study.)

But by then i'll have EAD from AOS right(If everything goes fine)? So you are trying to say that i cannot use my income from OPT?

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Even you say "if everything goes fine" so there is chance it goes wrong (aka opt ends before your aos EAD is approved, your job will have a break) -> that's what uscis thinks.

Search for "self sponsor" you will see many have this issue, even with h1b EAD.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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But by then i'll have EAD from AOS right(If everything goes fine)? So you are trying to say that i cannot use my income from OPT?

It doesn't matter that OPT will expire. I worked as a J1 scholar and included my income with the I864 with a letter saying that I would continue teaching at the university after I become a resident.

I did attach my DS 2019 with the i864 package proving that I was working there legally

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It doesn't matter that OPT will expire. I worked as a J1 scholar and included my income with the I864 with a letter saying that I would continue teaching at the university after I become a resident.

I did attach my DS 2019 with the i864 package proving that I was working there legally

Exactly, I also consulted with a lawyer a while ago and researched online and i don't think it would be a problem having my income in there. So I am going to send them my EAD, employment related proofs(Employment letter, payrolls...etc) to deal with this RFE. Thanks for reconfirming that.

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