AOS Help Needed...we're desperate.

[Minya's wife 24]

Maybe I sound like I'm ranting, but I am actually concerned! Getting this letter when I was super careful the first time, makes me feel insecure about sending the SAME information again!

NO there aren't other members in our household, of course not! Don't you think I would have mentioned them here? Of course not, I'm not an idiot... :/ And I'M the husband, she's my wife. It's our first time getting married.

I will probably just get a NEW sponsor altogether, which hurts me because I didn't want to ask ANYTHING else to her - she sponsored our K1 already, and was very nice to help us! I hate how USCIS forces us to the limit, even when asking friends for help...

I'm not suggesting you're an idiot, or implying that you didn't mention information....I'm just running through standard questions. You'd be surprised how many people we have on VJ complete their paperwork, send it off and then post a frantic e-mail that they forgot to sign where required, for didn't fill in some crucial information. It happens, sometimes even after double-triple-quadruple checking you can still make a mistake. Its quite normal.

Now, are you saying that your USC wife's annual income is above $18,213, you submitted the I-864 with tax returns/transcripts, W-2's proving this income AND you were still told in your RFE that your income does not qualify and to get a co-sponsor???

Then please make an infopass appointment before responding to the RFE. If you meet the income requirements for 125% of the poverty level and can prove it through your income tax filings, you do not need a co-sponsor. Please speak with an immigration official and clarify.

[thepizzadude 26]

Remember, if you use or used a joint sponsor, your wife is still the main sponsor and must submit an I864 and all supporting documents as well.

What do you mean?.... :/ Sorry!

It means if you used a cosponsor that your sponsor(wife) and the cosponsor must send in a I-864 so 2 copies one for each, and also all tax docs and supporting documents.

[Nik+Heather 121]

Heya, I know you're frustrated and sometimes it seems like we are being simplistic, but just like those tech support guys who ask you if you've tried turning it off and on again (and make you do it AGAIN while they are on the phone with you) we just want to eliminate the simple things. Just because you didn't mention specifically in your first posts doesn't mean that we can some how determine what you did or didn't know already.

Anyway, good luck

[KarenCee 3]

Just to add another story here...my husband and I received an RFE when we were adjusting status. I sent them EVERYTHING called for. I came on here upset too. But here's what I did...I freaked for about 30 minutes then made another copy of the ENTIRE packet that I had sent earlier. The RFE was for documents that we had sent the first time. What we did was...when we copied the AOS packet again I wrote a cover letter (I also included tax transcripts along with my filed tax documents) stating that I was sending them another exact copy of the original packet, detailing EACH AND EVERY piece of evidence included in the packet within the contents of the letter, then stating that each piece of evidence was listed on their website was included the first time and now in the second package.

See, the thing is...this happens so much on here...and in cases we don't even hear about because what we figure is the AO (Adjudicating Officer - the one that decides your case) probably misplaced it or spilled his/her coffee on it and well, you get the picture. After I got over my initial outrage I merely did the above and sent it out ASAP. There really isn't anything you can do BUT comply with the RFE. The longer you freak out, stay angry and try to figure the USCIS out, the longer the AOS process is held up. Yeah, it's a pain in the #######...but ya gotta do it.

There IS light at the end of the tunnel...I promise!

[GordonFreeman 0]

Just to add another story here...my husband and I received an RFE when we were adjusting status. I sent them EVERYTHING called for. I came on here upset too. But here's what I did...I freaked for about 30 minutes then made another copy of the ENTIRE packet that I had sent earlier. The RFE was for documents that we had sent the first time. What we did was...when we copied the AOS packet again I wrote a cover letter (I also included tax transcripts along with my filed tax documents) stating that I was sending them another exact copy of the original packet, detailing EACH AND EVERY piece of evidence included in the packet within the contents of the letter, then stating that each piece of evidence was listed on their website was included the first time and now in the second package.

See, the thing is...this happens so much on here...and in cases we don't even hear about because what we figure is the AO (Adjudicating Officer - the one that decides your case) probably misplaced it or spilled his/her coffee on it and well, you get the picture. After I got over my initial outrage I merely did the above and sent it out ASAP. There really isn't anything you can do BUT comply with the RFE. The longer you freak out, stay angry and try to figure the USCIS out, the longer the AOS process is held up. Yeah, it's a pain in the #######...but ya gotta do it.

There IS light at the end of the tunnel...I promise!

Yes, I DID that! I sent the package with a cover letter detailing everything these, and I STILL got an RFE!

In fact, I had SO MUCH WORK with the first package, just thinking of sending everything again now kills me!

I don't even know if I have copies of everything again... And while I'm working on a new one, time passes and I don't have a job!

Edited September 4, 2009 by GordonFreeman

[KarenCee 3]

Just to add another story here...my husband and I received an RFE when we were adjusting status. I sent them EVERYTHING called for. I came on here upset too. But here's what I did...I freaked for about 30 minutes then made another copy of the ENTIRE packet that I had sent earlier. The RFE was for documents that we had sent the first time. What we did was...when we copied the AOS packet again I wrote a cover letter (I also included tax transcripts along with my filed tax documents) stating that I was sending them another exact copy of the original packet, detailing EACH AND EVERY piece of evidence included in the packet within the contents of the letter, then stating that each piece of evidence was listed on their website was included the first time and now in the second package.

See, the thing is...this happens so much on here...and in cases we don't even hear about because what we figure is the AO (Adjudicating Officer - the one that decides your case) probably misplaced it or spilled his/her coffee on it and well, you get the picture. After I got over my initial outrage I merely did the above and sent it out ASAP. There really isn't anything you can do BUT comply with the RFE. The longer you freak out, stay angry and try to figure the USCIS out, the longer the AOS process is held up. Yeah, it's a pain in the #######...but ya gotta do it.

There IS light at the end of the tunnel...I promise!

Yes, I DID that! I sent the package with a cover letter detailing everything these, and I STILL got an RFE!

In fact, I had SO MUCH WORK with the first package, just thinking of sending everything again now kills me!

I don't even know if I have copies of everything again... And while I'm working on a new one, time passes and I don't have a job!

So you've sent a second package and have gotten an RFE for that one too?

If you're referring to the original one...just make a copy of it and send it in! What choice do you have? Yes it's a lot of work...gawd, all of us know this! But those of us who have been in your shoes also knew we had no choice but to do what they want and SEND IT.

Really...and I mean this as kindly as I can...griping about it constantly won't change a bloody thing at this point and will only hold up the AOS process even more.

If you don't have a job, I'm not sure you'll meet the income requirements. That might be the first thing you need to do before submitting another packet. However, I surely don't want to repeat what you apparently already (and should) know.

[Otto 83]

We received 3 pages of request for Initial Evidence on the I-485.

I can post the letter here, but it would make the post too long. If someone can help, and thinks that would contain important information to solve this issue, I will gladly copy it here!

Just to kind of back up here - I think it would be very helpful if you did actually post the RFE notices - not the entire notice but the portions that indicate the reason for the RFE and it's possible/listed solution. (Usually these items are checked off.) This way there is no possible confusion between what was written and what you might think they want.

[thepizzadude 26]

We received 3 pages of request for Initial Evidence on the I-485.

I can post the letter here, but it would make the post too long. If someone can help, and thinks that would contain important information to solve this issue, I will gladly copy it here!

Just to kind of back up here - I think it would be very helpful if you did actually post the RFE notices - not the entire notice but the portions that indicate the reason for the RFE and it's possible/listed solution. (Usually these items are checked off.) This way there is no possible confusion between what was written and what you might think they want.

[GordonFreeman 0]

Sure! No problem! Thanks for your help! :star::star: Here it is:

=============================================================================

Page 1:

[x] In order to process your application further, the petitioner/sponsor on form I-864, affidavit of Support, must submit all supporting tax documentation (W-2s, 1099s, etc) submitted to the IRS for the most recent tax year.

For more specific information blah blah blah.

We did send that!... This one is still a mistery to me :/

[x] For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the United States.

In order to process your application further, submit evidence that the household member on form I-864, Affidavit of Support, was authorized to work in the United States. Examples include one of the following:

(x) A copy of a birth certificate issued by the proper civil authority showing birth in the United States.

That's her, my wife! OK, in this case, they're right - I don't think I sent her birth certificate - only mine. My question is: could these 3 letters,

invalidating the whole Affidavit of Support, and therefore saying that our incomes don't meet the poverty guidelines, have happened because her

income was not included yet? And it will be when they have her birth certificate?

=============================================================================

Page 2:

[x] The household member on the petitioner/sponsor's form I-864, Affidavit of Support must submit all Federal income tax documentation submitted to the IRS for the most recent tax year. For more information blah blah blah.

[x] The household member on the petitioner/sponsor's Form I-864, Affidavit of Support, must submit all supporting tax documentation (W-2s, 1099s, etc) submitted to the IRS for the most recent tax year. For more specific information, blah blah blah...

Again?...

================================================================================

Page 3:

[x] Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner/sponsor and household member(s), the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size.

In order to process your application further, obtain a joint sponsor or submit evidence of assets that meet the federal poverty line. Such evidence of assets would include:

. Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;

. Evidence of ownership and value of stocks, bonds, and certificates of deposit, and dates acquired;

. Evidence [...] of other personal property, real estate, and dates acquired;

WE SENT THIS! I SWEAR we met the poverty guidelines. Our incomes were not enough, but the assets were more than the needed to complete the difference that the income alone didn't meet (according to the form, 3x in assets equals 1x income remaining). So her income + our assets/3 = more than the poverty guideline! I have math-limpics medals, I know math...

[x] In order to process your application further, you will need to submit a copy of the applicant's birth certificate. If the document is in a language other than English, you must submit a copy of the foreign language document and an English translation.

I sent it... but apparently they didn't bother to READ the English translation, they just threw it in the trash...

================================================================================

Edited September 5, 2009 by GordonFreeman

[thepizzadude 26]

This is just a guess but from what I see here I am thinking they didn't count the Birth Certificate as being correct so it threw everything else into a void status.

No BC so no sponsor blah blah blah

I hope that it turns out to be this easy.

I would resubmit everything with letter explaining it all, the birth certificate, the tax forms and supporting docs and the assets with SUPPORTING DOCUMENTS also.

Good Luck

[Nich-Nick 3,354]

Some of my thoughts--

Page 1:

[x] In order to process your application further, the petitioner/sponsor on form I-864, affidavit of Support, must submit all supporting tax documentation (W-2s, 1099s, etc) submitted to the IRS for the most recent tax year.

For more specific information blah blah blah.

We did send that!... This one is still a mistery to me :/

Your wife = sponsor. There must be something missing so they can't evaluate it. You must send a signed copy of the income tax 1040, and any other schedules like Schedule A, B, D, etc that were part of the tax return. It can't be a summary page. The real IRS forms. The W2 statement from her employer must show it's about the same as the income amount reported on the 1040 as a verification that she earned what she reported. Go over all that again to send all the details.

[x] For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the United States.

In order to process your application further, submit evidence that the household member on form I-864, Affidavit of Support, was authorized to work in the United States. Examples include one of the following:

(x) A copy of a birth certificate issued by the proper civil authority showing birth in the United States.

That's her, my wife! OK, in this case, they're right - I don't think I sent her birth certificate - only mine. My question is: could these 3 letters,

invalidating the whole Affidavit of Support, and therefore saying that our incomes don't meet the poverty guidelines, have happened because her

income was not included yet? And it will be when they have her birth certificate?

Your wife is the sponsor, not the household member. She is the person whose name is on the I-864. So if she filled in info about a household members income, who is the household member? Is it her parent or another family member? You said it was just the two of you, so the only household member to put income in that place would be you. Do you work without work authorization? Anyway if there is a household member that is providing income, that person's legal status in the US is supposed to be shown by a US birth certificate or US passport or if not native born, then a green card or naturalization documents. Remember that household member is NOT your wife.

=============================================================================

Page 2:

[x] The household member on the petitioner/sponsor's form I-864, Affidavit of Support must submit all Federal income tax documentation submitted to the IRS for the most recent tax year. For more information blah blah blah.

[x] The household member on the petitioner/sponsor's Form I-864, Affidavit of Support, must submit all supporting tax documentation (W-2s, 1099s, etc) submitted to the IRS for the most recent tax year. For more specific information, blah blah blah...Again?...

Yes, again. Who is this household member? That person (who can't be your wife) who also lives in your house has to send a tax return as complete as I explained in the first part of this. That's one set for your wife (sponsor) and another for the household member (unknown.)

================================================================================

Page 3:

[x] Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner/sponsor and household member(s), the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size.

That means they don't have enough of the proper stuff (as noted above) to say you meet the guidelines. It doesn't mean that you don't meet the guidelines, but rather haven't shown them with correct documentation that you do. The next sentence is standard saying if you can't show us you have enough money, then you may get a co-sponsor.If you can get your Affidavit better documented and figure out who that household member is, then you should be able to skip the co-sponsor

In order to process your application further, obtain a joint sponsor or submit evidence of assets that meet the federal poverty line. Such evidence of assets would include:

. Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;

. Evidence of ownership and value of stocks, bonds, and certificates of deposit, and dates acquired;

. Evidence [...] of other personal property, real estate, and dates acquired;

WE SENT THIS! I SWEAR we met the poverty guidelines. Our incomes were not enough, but the assets were more than the needed to complete the difference that the income alone didn't meet (according to the form, 3x in assets equals 1x income remaining). So her income + our assets/3 = more than the poverty guideline! I have math-limpics medals, I know math...

[x] In order to process your application further, you will need to submit a copy of the applicant's birth certificate. If the document is in a language other than English, you must submit a copy of the foreign language document and an English translation.

I sent it... but apparently they didn't bother to READ the English translation, they just threw it in the trash...

I have read of others who sent only the translation and they got an RFE because of not sending the actual certified foreign language BC along with the translation. Perhaps that's the case??

Edited September 6, 2009 by Nich-Nick

[GordonFreeman 0]

This is just a guess but from what I see here I am thinking they didn't count the Birth Certificate as being correct so it threw everything else into a void status.

No BC so no sponsor blah blah blah

I hope that it turns out to be this easy.

I would resubmit everything with letter explaining it all, the birth certificate, the tax forms and supporting docs and the assets with SUPPORTING DOCUMENTS also.

Good Luck

Thanks! Yes, that's what I'm planning to do - the only problem is, NOW time passed, and I bet we don't have exactly the same amount of money in the bank! It's going to be a little less... :/

Some of my thoughts--

Your wife is the sponsor, not the household member. She is the person whose name is on the I-864. So if she filled in info about a household members income, who is the household member? Is it her parent or another family member? You said it was just the two of you, so the only household member to put income in that place would be you. Do you work without work authorization? Anyway if there is a household member that is providing income, that person's legal status in the US is supposed to be shown by a US birth certificate or US passport or if not native born, then a green card or naturalization documents. Remember that household member is NOT your wife.

I have read of others who sent only the translation and they got an RFE because of not sending the actual certified foreign language BC along with the translation. Perhaps that's the case??

hey Nich-Nick! Thanks a lot

OK... that was new. So I am the household member... What I did was send tax information of my sponsor (her), and all the income/assets, and in the form it asks about a household member to add income/assets, so I obviously included myself. I have assets too! If this is after a K1, and we're married now, it makes sense to include MY assets in the household assets. Why would they need tax information from me? I showed them my bank statements - I have money too, so it only makes sense that I'm included as my own sponsor. After adding up her income, and both our assets in the bank, we easily pass the poverty guideline! We're not poor... Is there something wrong with the way I did things?

To answer your last question: if I had sent a birth certificate written in Portuguese, obviously I would have to send the certificate AND the translation - I'm not that dumb!

What PROBABLY happened was what Otto and Karin said: I sent an international birth certificate, with the translations for 5 or 6 languages already included IN it. They probably didn't even read it, or didn't even LOOK for the english translation ,which IS there... so now, because some moron was too lazy, even though he's overpaid to do his job (pardon my french), I have to resend it with the english fields highlighted, and write a little letter EXPLAINING that if you actually READ the birth certificate, the English translation already comes included.

I think that BC part is sorted out... now my problem is more with the sponsor/poverty guideline.

Edited September 6, 2009 by GordonFreeman

[Nich-Nick 3,354]

A few more questions/clarifications. Just covering all the details to help you sort it out.

On the I-864 http://www.uscis.gov/files/form/I-864.pdf

Page 3, part 5, #21 (page 14 of the pdf file above)

21 a. 1 immigrant sponsored (that's you)

21 b. 1 yourself (that's wife because she's filling out the form)

21 c. Don't fill that in. It's for sponsors spouse, but in this case you've already been counted as the immigrant.

Alot of people get confused by that, so make sure you don't have 3 people counted. It's because if she was sponsoring grandma to come over with this same form, Grandma is the immigrant, wife is the sponsor, and you would be counted as a spouse in that kind of scenario.

24. a. Wife's income.

24 b. NOTHING. No names. No amounts. (you do not have income as in a salary from a job.)

24 c. would be same number as 24 a

24 d. BLANK

24 e. BLANK

26. Wife's asset info

27. BLANK

28. Your assets

Go back over the income and asset part of the instructions (starting p. 7 of the pdf file) Remember where it says "spouse" it is not YOU in this instance. You are the "intending immigrant" so don't follow "spouse" instructions.

Also read again Can the Intending Immigrant HelpMe Meet the Income Requirements? on p. 2 of the pdf instruction part. As the intending immigrant who is also the spouse of the sponsor it tells what you do and do not have to send. I would submit a complete brand new Affidavit of support making sure you filled out the household member stuff (none) with your new understanding. In general, you are not the "spouse" or the "household member" but the "intending immigrant" for the purpose of this one-size-fits-all form. It is used for work visas, visitor visas, student visas, etc. and is confusing. I believe once you get that straight, then all the other dominoes fall into place. I hope you have a copy of the entire Affidavit you sent and maybe you can find out where it might have gotten off track (or didn't.) You might want to address some of those domino effect RFE items if you find where it may have started falling apart. Like tell them, there is no house hold member and as the intending immigrant I am not required to submit income tax returns.....whatever follows the instructions that applies to you. Quote their exact words and how you complied.

Edited September 6, 2009 by Nich-Nick

[GordonFreeman 0]

A few more questions/clarifications. Just covering all the details to help you sort it out.

On the I-864 http://www.uscis.gov/files/form/I-864.pdf

Page 3, part 5, #21 (page 14 of the pdf file above)

21 a. 1 immigrant sponsored (that's you)

21 b. 1 yourself (that's wife because she's filling out the form)

21 c. Don't fill that in. It's for sponsors spouse, but in this case you've already been counted as the immigrant.

Alot of people get confused by that, so make sure you don't have 3 people counted. It's because if she was sponsoring grandma to come over with this same form, Grandma is the immigrant, wife is the sponsor, and you would be counted as a spouse in that kind of scenario.

24. a. Wife's income.

24 b. NOTHING. No names. No amounts. (you do not have income as in a salary from a job.)

24 c. would be same number as 24 a

24 d. BLANK

24 e. BLANK

26. Wife's asset info

27. BLANK

28. Your assets

Go back over the income and asset part of the instructions (starting p. 7 of the pdf file) Remember where it says "spouse" it is not YOU in this instance. You are the "intending immigrant" so don't follow "spouse" instructions.

Also read again Can the Intending Immigrant HelpMe Meet the Income Requirements? on p. 2 of the pdf instruction part. As the intending immigrant who is also the spouse of the sponsor it tells what you do and do not have to send. I would submit a complete brand new Affidavit of support making sure you filled out the household member stuff (none) with your new understanding. In general, you are not the "spouse" or the "household member" but the "intending immigrant" for the purpose of this one-size-fits-all form. It is used for work visas, visitor visas, student visas, etc. and is confusing. I believe once you get that straight, then all the other dominoes fall into place. I hope you have a copy of the entire Affidavit you sent and maybe you can find out where it might have gotten off track (or didn't.) You might want to address some of those dominoe effect RFE items if you find where it may have started falling apart. Like tell them, there is no house hold member and as the intending immigrant I am not required to submit income tax returns.....whatever follows the instructions that applies to you. Quote their exact words and how you complied.

Again, Thanks a lot...

Yes, that's exactly what I did. Only counted me and her. And then my assets only. And her income/assets. :/ I read everything too. I'm very careful about these things.

I hate being right all the time. It would have been a lot easier if I just had made a huge mistake...

I guess I have to start fishing all the documentation again. But considering the huge work I put into the first package, chances are the new one will not be as complete. (yes, that's how much dedication I put into the 1st one). OK I didn't include her birth certificate.

Maybe I should just send HER birth certificate, send mine again with the english translation highlighted, and see what they say... :/

Could I just ignore the request for more tax/income evidence, and just resend the birth certificates? Because that's the only thing that makes sense in their request!!

[Nich-Nick 3,354]

OK I didn't include her birth certificate.

You don't send the sponsors birth certificate. I am the USC/wife/sponsor and the only time I sent my BC was with the 1-129f petition. Never again for AOS, etc.

I would take the time to write each RFE they sent and respond to that specific one as to how you are handling it.

Household member's birth certificate: We have no household member's income included so are not sending a birth certificate for a household member.

Household member's tax return: We have no household member's income included so are not sending a tax return for a household member.

Immigrant's birth certificate: I am sending the international Birth Certificate provided by {insert name} to you again, with the English translation highlighted. (If you're sure that's an acceptable document. I don't know anything about translations since I married a British citizen.)