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Worried: k1 Adjustment of Status specifically I-864

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Hello everyone. Happy New Year. :goofy:

 

Thank you for giving time to read my question. I appreciate it. 

 

We mailed the Adjustment of Status Packet and was delivered last December 31, 2016, 8am. My main concern is about the Affidavit of support and its attachements.

 

My husband completed the Affidavit of Support and provided the following supporting documents, to wit:

a. W2 and 1040 for 2015 BUT does not meet the federal poverty guidelines  (no 2013 and 2014 because he did not work due to accident and on disability)

b. detailed and current paystubs showing his per hour rate, the number of hours per week and the to date earnings which if computed annually would be more than 200% of the poverty level.

 

My questions are the following:

 

a. will we get an RFE:huh: because the W2 and 1040 for 2015 does not meet the federal poverty guidelines even if the current paystubs do? 

b. I want to be prepared for the worst as early as I now, Do you have any suggestions on what documents shall I secure?

c. Do you think we should explain and provide evidences for the non filing of the tax return on 2013 & 2014?

 

Thanks so much and May God bless you more.:thumbs:

 

 

 

 

 

 

 

 

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It is possible he will get an RFE, assuming his financial situation has changed such that he met the guidelines for 2016, I would suggest that he file his taxes ASAP so you would be able to respond with 2016 tax info


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NOA2 date May 28, 2015 :dance::dance::dance:

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Thanks so much Kastrs, i appreciate it. From what I have read, it will also take time for the govt agency (IRS) to have the transcript available. And the RFE has a corresponding time. So I am very worried. 

2 minutes ago, Kastrs said:

It is possible he will get an RFE, assuming his financial situation has changed such that he met the guidelines for 2016, I would suggest that he file his taxes ASAP so you would be able to respond with 2016 tax info

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You do not need to provide the tax transcript, as I stated above you need his tax info, so in the event you received the RFE prior to the time you could obtain the tax transcript you need to provide the COMPLETE copy of the tax return


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Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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Be ready to be asked for a co-sponsor. You may want to find and have one before they send a RFIE (if they send one, who knows, maybe you get lucky ! :D ). Much luck !


AOS - PENDING

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We are in the same situation although my husband filed for 2013 and 2014, he was living at home and only worked part-time then. Other than what you supplied we also had a letter from employer stating when he was employed, his employment status, hourly wages, contact information on official company letter head. Normally they look at the last 6 months earnings when the tax return and/or transcript for that year isn't available, so the paystubs we provided reflect that period.

 

1. I think a non-filing statement from irs could be good to request

2. Letter from employer

3. Look around for co-sponsor, as suggested, just in case

 

anyhow, that's what I'd do :) and fingers crossed for you :)


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As long as you put his current income as "current income" on the I-864 and he has had his job for at least 6 months, you may not get RFEd. Depends on the adjudicator.


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On 1/4/2017 at 7:15 AM, Suss&Camm said:

We are in the same situation although my husband filed for 2013 and 2014, he was living at home and only worked part-time then. Other than what you supplied we also had a letter from employer stating when he was employed, his employment status, hourly wages, contact information on official company letter head. Normally they look at the last 6 months earnings when the tax return and/or transcript for that year isn't available, so the paystubs we provided reflect that period.

 

1. I think a non-filing statement from irs could be good to request

2. Letter from employer

3. Look around for co-sponsor, as suggested, just in case

 

anyhow, that's what I'd do :) and fingers crossed for you :)

I agree that the pay stubs could certainly help. Good luck.


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