AOS i-864 problems

[SimonM 0]

We submitted our first AOS in May.

They said there were some problems with it and I refiled it in June (following the instructions that I was given by the NVC on the phone).

They said there were some problems with it again (at the very end of July) but they would go ahead and put our case through, we would just have to take the forms to the interview.

I was working with a lawyer (in the last 2 weeks) who said a lot of times they don't approve the i-864 AOS even though there is nothing wrong with them. Today, he has dropped my case because they aren't allow to take on cases unless they are at the beginning. Terrible surprise for my peace of mind.

My wife's interview is September 3, she is Ukrainian and I'm back in America so I need to finish the i-864 forms here, sign them, and send them as soon as possible (hopefully tomorrow) so they get there on time.

Has this ever happened to someone? I am just worried that the lawyer's advice about the forms being okay but not approved won't hold up at the embassy.

Any advice or examples would be great.

Thanks in advance!

[NikLR 13,227]

What were the issues?

[florida4life 29]

Did you get a checklist from NVC can you copy and paste it and remove your personal information from the letter so that someone here on VJ can help you out because you are not giving much info about what they want from you.

[SimonM 0]

They wrote both times that the issues were that the amount we put on the i-864 and the amount on the tax forms/W-2 didn't match. They indeed matched.

[SimonM 0]

To add detail, I met my wife as a Peace Corps volunteer and so my income from 2012 was not enough to support her (though I have a sufficient salary now). My parents helped fill out the i-864A. The first time I had my dad and mom separately and added their incomes together (2 i-864As). On the phone the NVC told me that I should only file an i-864A for my dad and just put their income combined because they filed taxes jointly. Apparently that wasn't right either.

Edited August 13, 2013 by SimonM

[aleful 1,905]

did you file the i864?

you file the i864 as sponsor

your father files an i864 as joint sponsor, and your mom files the i864A as his co sponsor so they can combine their income

you don't put anything of theirs, the i864 is for you and your wife, no income on your i864 of theirs

on your dad's i864 comes the income from your mom's i864A on dad's i864 so they can add it. and the proof of their separate income are the W2s your dad puts his individual income on the i864, your mom on her i864A and then add it up on his i864

your lawyer should know this or he is a lousy lawyer

[florida4life 29]

When you put your income you must put total income and not adjusted gross income. FYI The previous post is also correct.

[Gary and Alla 3,694]

We submitted our first AOS in May.

They said there were some problems with it and I refiled it in June (following the instructions that I was given by the NVC on the phone).

They said there were some problems with it again (at the very end of July) but they would go ahead and put our case through, we would just have to take the forms to the interview.

I was working with a lawyer (in the last 2 weeks) who said a lot of times they don't approve the i-864 AOS even though there is nothing wrong with them. Today, he has dropped my case because they aren't allow to take on cases unless they are at the beginning. Terrible surprise for my peace of mind.

My wife's interview is September 3, she is Ukrainian and I'm back in America so I need to finish the i-864 forms here, sign them, and send them as soon as possible (hopefully tomorrow) so they get there on time.

Has this ever happened to someone? I am just worried that the lawyer's advice about the forms being okay but not approved won't hold up at the embassy.

Any advice or examples would be great.

Thanks in advance!

I am guessing you mean by "AOS" the "affidavit of Support" Must be otherwise NVC would not be involved.

What are the issues? "AOS" is usually used in these forums to refer to "Adjustment of Status" which also uses the I-864. Better to just say "there are some problems with the I-864"

Anyway, you ned to correct the problems and have whatever evidence is needed at the interview.

You don;t need a lawyer, he did you a favor. We can fix it for you

[Gary and Alla 3,694]

They wrote both times that the issues were that the amount we put on the i-864 and the amount on the tax forms/W-2 didn't match. They indeed matched.

So that was a mistake

If you make enough now why are you asking your parents to joint sponsor? 2012 income doesn't matter, CURRENT income matters. I would bring a new I-864, no joiny sponsor, state your CURRENT INCOME in the form and attach a 2012 tax return. Attach CURRENT income verification, check stubs, employer letter. You are golden! Attach an explanation if you feel it is necessary

Income and w-2s do not have to match, mine haven't matched for a million years, I also have a side business and have done so for years. I also attach a copy of my schedule C. The TOTAL income must match the schedule C and w-2s and 1099s, but you can make a lot of income which is not reported on w-2s or not reported at ALL...Child support and workman's comp are two of them. Combat pay is another, but they count if you can document them

Sounds like you are way overthinking this. Nothing to it.

[bigdog 376]

Find another expert or get a good friend to review the corrections and facts as presented. Some times we cannot see the Forrest for the trees. I am sure their are Ukraine members near you who can assist you reach out. .