APRIL 2010 FILERS

[Krys & Nova 2]

Cool we both live in NYC and filled the same day! YEA but i guess that means very little becuase look same cities and such a discrepency. Are you also adjusting from a tourist visa?

When you do get a Biometric try to do a walkin. I would recommend dwnt manhattan, i was not schduled there, tried queens 1st and they rejected me, but manhtattan on wednesday at 10-11 said they didnt liked to do that but they let me in, so its based on luck.

Just to let you know, statistically Avg. Days btw Biometrics and Interview for NYC is 85 days.

Avr total days from start to interview is 117. So we need patience!!

Well being that I'm Canadian, we really do not have visas... I just crossed the border. I wonder if that the hold up? I put down visitor as my status.

[Sponge 0]

I finally got to see a lawyer today! A very friendly lawyer!

Turns out my wife's student loans are subtracted from the poverty line, so we need to either be making 48k or have a cosponsor. She also said they would have rejected us if we just sent the same stuff back and didn't meet the RFE requirements.

I'm really glad I consulted a lawyer before sending it out assuming I was right and they were wrong (which I totally did!). The lawyer gave us a discount too, which was very nice of her.

Ugh, but now need to figure out a way to meet the requirements.

[besaangel 17]

my package was received 5 days before you two and mine isnt coming yet

i think its a lil worst lol

The difference is that u got an RFE and I didnt but still had a major delay in gettin the letter... So dont feel too bad

[choongchoong 1]

I finally got to see a lawyer today! A very friendly lawyer!

Turns out my wife's student loans are subtracted from the poverty line, so we need to either be making 48k or have a cosponsor. She also said they would have rejected us if we just sent the same stuff back and didn't meet the RFE requirements.

I'm really glad I consulted a lawyer before sending it out assuming I was right and they were wrong (which I totally did!). The lawyer gave us a discount too, which was very nice of her.

Ugh, but now need to figure out a way to meet the requirements.

Thank, god. You found the way to fix this up. If you can, get someone who can be a sponsor, that is the easiest way. I'm sure you know this.

All the best,

[Winonan 3]

I finally got to see a lawyer today! A very friendly lawyer!

Turns out my wife's student loans are subtracted from the poverty line, so we need to either be making 48k or have a cosponsor. She also said they would have rejected us if we just sent the same stuff back and didn't meet the RFE requirements.

I'm really glad I consulted a lawyer before sending it out assuming I was right and they were wrong (which I totally did!). The lawyer gave us a discount too, which was very nice of her.

Ugh, but now need to figure out a way to meet the requirements.

Wait they subtract the student loan from the income? Lol then my wife makes negative. I only had my wife as the sponsor as she makes more than enough without taking student loans into account. Well we will see what happens.

[VanessaTony 3,567]

!!!Someone Please Help!!!

I got the RFE today finally. it says:

Why are they not considering my wife's income and work? Why are they not factoring it? I asked the broken record b#### (BRB from now on), but she just spouted the same thing on the form, and that anyone who would know has no contact information (#######?!).

The assets we included were just icing on the cake, but her work alone meets the requirements without any assets.

Someone mentioned they were expecting an RFE anyway because of no tax forms. Is this what it says on your RFE? Any chance you can ask your lawyer on my behalf? I'm desperate and in shock

Turns out my wife's student loans are subtracted from the poverty line, so we need to either be making 48k or have a cosponsor. She also said they would have rejected us if we just sent the same stuff back and didn't meet the RFE requirements.

I'm really glad I consulted a lawyer before sending it out assuming I was right and they were wrong (which I totally did!). The lawyer gave us a discount too, which was very nice of her.

Ugh, but now need to figure out a way to meet the requirements.

I am thoroughly confused by this. I am assuming your wife is the immigrant and you are the USC.

NOWHERE on the I-864 does it mention student loans. NOWHERE is this taken into account. My husband as well would have been in the negative if we took that into consideration but you don't. It goes DIRECTLY from your tax return and unless your student loans affect your income ON the tax return (thus stating you (or your wife) earn negative funds) then your lawyer has no idea.

So, the only things I can think of for your RFE are:

1. Your wife is working illegally (in which case her income doesn't count)

2. You forgot to include the last 3 years tax returns (or transcripts) for your wife

3. You forgot to include your own tax returns (transcripts)

4. On page 15, you forgot to list your wife in 24b and forgot to tick box 24e and enter your wife's name there

5. You forgot to add your income (24a) to your wife's income (24b) in box 24c.

6. You completed box 27 because you completed an I-864A for your wife when you shouldn't have

Hope that gives you some ideas. I honestly think you should seek a second opinion from another lawyer because I've never heard of student loans mattering and they certainly didn't/don't in my case.

[sensible 2]

The difference is that u got an RFE and I didnt but still had a major delay in gettin the letter... So dont feel too bad

ur ight

im glad u got everything done though ... just wait for the big one!

[Sponge 0]

I am thoroughly confused by this. I am assuming your wife is the immigrant and you are the USC.

NOWHERE on the I-864 does it mention student loans. NOWHERE is this taken into account. My husband as well would have been in the negative if we took that into consideration but you don't. It goes DIRECTLY from your tax return and unless your student loans affect your income ON the tax return (thus stating you (or your wife) earn negative funds) then your lawyer has no idea.

So, the only things I can think of for your RFE are:

1. Your wife is working illegally (in which case her income doesn't count)

2. You forgot to include the last 3 years tax returns (or transcripts) for your wife

3. You forgot to include your own tax returns (transcripts)

4. On page 15, you forgot to list your wife in 24b and forgot to tick box 24e and enter your wife's name there

5. You forgot to add your income (24a) to your wife's income (24b) in box 24c.

6. You completed box 27 because you completed an I-864A for your wife when you shouldn't have

Hope that gives you some ideas. I honestly think you should seek a second opinion from another lawyer because I've never heard of student loans mattering and they certainly didn't/don't in my case.

lol, okay, breathe and calm down. I made an error when typing everything out in my anxiety and stress. I'm sorry for the confusion, but that in no way means you can be so condescending.

The lawyer said it is taken into account, but only when you need assets to complete the poverty requirement. If you make more than the poverty line (which, for two people living together, is 18k-ish), then debt is a nonissue. However, if you need assets to meet the 125%, debt is taken into account..

I'm sick of people saying my wife (who, really, is more intelligent than you ever will be) is working illegally. She works at one of the most prestigious medical schools in the country, and graduated from Harvard. So shut the hell up. She is working legally, part-time, for 20 hours, making 15k. Please do not insult my wife even if that was not your intent. Neither her nor I are stupid enough to be surprised at illegal work not being acceptable. I truly am offended that you would assume I'd fail to realize something so obvious. People file the I-765 just for the hell of it, LOL.

The rest of your list are merely direct insults to my intelligence and I take great offense. While not as accomplished as my wife, I'm still not an idiot. So, seriously, back the hell off. None of those apply.

I'm sorry I typed such a huge error during my little fit of distress, and hope anyone whose income exceeds the poverty guideline alone understands debt is not an issue.

Edited May 21, 2010 by Sponge

[Nartaki 7]

If you use assets, they can take into account any "liens or liabilities" held against those assets. This is not mentioned on the I-864, but it is in the field adjudicator's manual.

So if the student loans were taken out with those assets as collateral, then you cannot use the full value of the assets to meet the poverty guidelines.

[VanessaTony 3,567]

lol, okay, breathe and calm down. I made an error when typing everything out in my anxiety and stress. I'm sorry for the confusion, but that in no way means you can be so condescending.

The lawyer said it is taken into account, but only when you need assets to complete the poverty requirement. If you make more than the poverty line (which, for two people living together, is 18k-ish), then debt is a nonissue. However, if you need assets to meet the 125%, debt is taken into account..

I'm sick of people saying my wife (who, really, is more intelligent than you ever will be) is working illegally. She works at one of the most prestigious medical schools in the country, and graduated from Harvard. So shut the hell up. She is working legally, part-time, for 20 hours, making 15k. Please do not insult my wife even if that was not your intent. Neither her nor I are stupid enough to be surprised at illegal work not being acceptable. I truly am offended that you would assume I'd fail to realize something so obvious. People file the I-765 just for the hell of it, LOL.

The rest of your list are merely direct insults to my intelligence and I take great offense. While not as accomplished as my wife, I'm still not an idiot. So, seriously, back the hell off. None of those apply.

I'm sorry I typed such a huge error during my little fit of distress, and hope anyone whose income exceeds the poverty guideline alone understands debt is not an issue.

You posted in an OPEN forum asking for help. You said you spoke to a lawyer who said that the student loans count, which is COMPLETELY false (except in cases where assets are being used, which you now know and have corrected). You very honestly should have reported your post and asked a moderator to amend it as your post could have (and as you saw DID have) a very devastating effect to other people's opinions about their own cases and issues with student loans. It is obviously too late now however. As what you posted you lawyer stated was so incredibly wrong, in an effort to HELP you I posted the ONLY things I could think of that it could be.

I did not assume nor imply that any of my "ideas" were things you had done or not done, I simply offered solutions for previous errors by other posters. I did not imply that you or your wife are idiots, and in fact you have managed to insult a great number of people because those "idiotic" things you mention are done EVERY day by many people by MISTAKE, not because they're idiots but because in their haste and excitement things get misplaced, or ticked wrong, or written wrong.

As for your assertion that my post was/is condescending, you could not be further from the truth, in fact there was no emotion in my post what-so-ever except being stunned that your lawyer had you PAY for such horrible advice. I actually considered omitting the illegal work section because I doubted it was the case, but a person asked about it just today so I offered it as a solution. As I have not read your paperwork, and as I do not know the ins and outs of your case, and as this is a PUBLIC and OPEN forum I cannot risk NOT mentioning the possibilities for future readers in case any of those DO apply to them.

I am appalled at your behaviour as you should be as well.

**Edit - Also, out of interest, if this is the case:

The lawyer said it is taken into account, but only when you need assets to complete the poverty requirement. If you make more than the poverty line (which, for two people living together, is 18k-ish), then debt is a nonissue. However, if you need assets to meet the 125%, debt is taken into account..

and given your previous post here:

The assets we included were just icing on the cake, but her work alone meets the requirements without any assets.

then why does this even apply to you? Why do you need a co-sponsor if your wife's income was enough? Or has this now been explained to you that her income ISN'T enough and that those assets weren't actually "icing" at all? Or are you saying that had you not mentioned the assets that you would have been fine just using her income?

Edited May 21, 2010 by Vanessa&Tony

[Otto 83]

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[sensible 2]

lol, okay, breathe and calm down. I made an error when typing everything out in my anxiety and stress. I'm sorry for the confusion, but that in no way means you can be so condescending.

The lawyer said it is taken into account, but only when you need assets to complete the poverty requirement. If you make more than the poverty line (which, for two people living together, is 18k-ish), then debt is a nonissue. However, if you need assets to meet the 125%, debt is taken into account..

I'm sick of people saying my wife (who, really, is more intelligent than you ever will be) is working illegally. She works at one of the most prestigious medical schools in the country, and graduated from Harvard. So shut the hell up. She is working legally, part-time, for 20 hours, making 15k. Please do not insult my wife even if that was not your intent. Neither her nor I are stupid enough to be surprised at illegal work not being acceptable. I truly am offended that you would assume I'd fail to realize something so obvious. People file the I-765 just for the hell of it, LOL.

The rest of your list are merely direct insults to my intelligence and I take great offense. While not as accomplished as my wife, I'm still not an idiot. So, seriously, back the hell off. None of those apply.

I'm sorry I typed such a huge error during my little fit of distress, and hope anyone whose income exceeds the poverty guideline alone understands debt is not an issue.

oh wow i doubt its this serious...

[sensible 2]

oh wow i doubt its this serious...

to be honest he has been sort of rude from the beginning, if you read his first post he asked a question, got a response but the manner in which he told the helper that wasnt what he meant

i believe that all of us have past supdity levels after even being able to feaking fill this damn applications up

all of us went to school and spoke over 2 languages i believe

there isnothing wrong with working illegally, not eveyone has that chance in life to everything offered to them, sO A PERSON IS IN NO WAY STUPID STUPID BECAUSE THEY ARE WORKING ILLEGALLY, THEY NEED MONEY TO MAKE IT

pls MOST PEOPLE GOT ANGER ISSUES and none needs to be as rude as you right now

this is a happy place/ to vent and be less stressed

[coco lala 0]

Yup it's really stressful. Thanks to this site. I can vent out my stress... WAHHHHHHHHHHHHHHHHH I received an RFE. And its stressful since I dont know what it is. Maybe its the medical thing that I didnt submit

[besaangel 17]

Yup it's really stressful. Thanks to this site. I can vent out my stress... WAHHHHHHHHHHHHHHHHH I received an RFE. And its stressful since I dont know what it is. Maybe its the medical thing that I didnt submit

Oh boy- sorry to hear about your RFE... But why didnt u submit the I-693? It is a reguirement for the AOS process. I say that you make an appt with a civil surgeon just in case, then in a day or two you should get the letter describing the issue in detail. If it is in regards to the medical, then you can just attend the appt you've made so as not to waste anytime. If however it is in relations to something else, then you are able to simply cancel your appt (if needed) and address the other issue(s)...

ur ight

im glad u got everything done though ... just wait for the big one!

Oh yes, am I excited for the interview letter...