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Posted

Hi Everyone!

We just got an RFE for 1-864.

So, first of all, we originally sent in an 1-864EZ.

The RFE letter says the petitioner/sponsor answered "no" on one or more questions on page 1, part 1, of 1-864EZ. In looking at our copies of the form, we did not answer no on part 1, page 1, etc so we are so confused!

My question is, should we just fill out an 1-864 and send it in?

An additional question, if the petitioner is self employed and just makes above the poverty line with a little fluctuation here and there, will we be asked to get a co-sponsor?

Thanks Everyone!

TIMELINE:

02/06/14: Sent package to Chicago via Fedex Overnight: 1-130, 1-485, 1-765, 1-864, 1-693, G-325, G-1145
02/07/14: Package received and signed by G.L
02/13/14: Received Text and Email Notification
02/13/14: Checks cashed - $1170 and $420

02/20/14: 1-485 + 1-765 + 1-130 NOA Hard Copies Received

02/22/14: Biometrics Appointment Notice Received

03/10/14: Completed Biometrics

03/17/14: RFE Letter Received

03/24/14: RFE Response Sent

03/28/14: RFE Response Received

04/14/14: Email Notification - Card Document Production ( EAD )

04/14/14: Email Notification - Testing and Interview ( AOS )

04/16/14: Email Notification - EAD Card Mailed

04/17/14: Email Notification - USPS Tracking Number for EAD

04/18/14: Received EAD card in the mail!

04/21/14: Applied for SSN!

04/21/14: Green Card Interview Date Notice Received in the mail

04/28/14: Received SSN in the mail!

04/29/14: Went to DMV

05/21/14: Green Card Interview ... ( case requires further review, please wait 120 days before making an inquiry )

09/22/14: Called USCIS after 120 days wait period and was told to wait as they are still processing cases that are ahead of ours

11/23/14: Made an online service request on uscis.gov because our case was now outside the normal processing times

11/24/14: Went for an info pass appointment to ask about our case

11/24/14: Email Notification - Green Card Approved / Card Production Ordered, 1-130 Approved, Welcome Notice mailed

12/01/14: 1-130 Approval Notice Received, Welcome Notice Received

12/03/14: Email Notification - Green Card Mailed

12/03/14: Email Notification - USPS Tracking Number

12/04/14: Green Card Received!!!

Filed: AOS (apr) Country: Australia
Timeline
Posted

If the petitioner is self employed then you must have answered 1 A incorrectly as they would not have a W2 and hence you need to fill out the full I-864.

His tax return for 2013 would be the all important figure, if he is filing a 1040 then you use Line 22 for that purpose but if he is filing a 1040EZ then you use Line 37.

Posted

Hi Aussie and thank you so much for your response.

Kindly, an additional question for you. We went to irs.gov and requested to be sent via regular mail the last three years of the petitioners tax returns. The options available were for the years 2012, 2011 and 2010 but it looks like 2013 is not available? The petitioner filed their taxes in early January of this year. What should we do? Will those years suffice?

Thank you so much!

TIMELINE:

02/06/14: Sent package to Chicago via Fedex Overnight: 1-130, 1-485, 1-765, 1-864, 1-693, G-325, G-1145
02/07/14: Package received and signed by G.L
02/13/14: Received Text and Email Notification
02/13/14: Checks cashed - $1170 and $420

02/20/14: 1-485 + 1-765 + 1-130 NOA Hard Copies Received

02/22/14: Biometrics Appointment Notice Received

03/10/14: Completed Biometrics

03/17/14: RFE Letter Received

03/24/14: RFE Response Sent

03/28/14: RFE Response Received

04/14/14: Email Notification - Card Document Production ( EAD )

04/14/14: Email Notification - Testing and Interview ( AOS )

04/16/14: Email Notification - EAD Card Mailed

04/17/14: Email Notification - USPS Tracking Number for EAD

04/18/14: Received EAD card in the mail!

04/21/14: Applied for SSN!

04/21/14: Green Card Interview Date Notice Received in the mail

04/28/14: Received SSN in the mail!

04/29/14: Went to DMV

05/21/14: Green Card Interview ... ( case requires further review, please wait 120 days before making an inquiry )

09/22/14: Called USCIS after 120 days wait period and was told to wait as they are still processing cases that are ahead of ours

11/23/14: Made an online service request on uscis.gov because our case was now outside the normal processing times

11/24/14: Went for an info pass appointment to ask about our case

11/24/14: Email Notification - Green Card Approved / Card Production Ordered, 1-130 Approved, Welcome Notice mailed

12/01/14: 1-130 Approval Notice Received, Welcome Notice Received

12/03/14: Email Notification - Green Card Mailed

12/03/14: Email Notification - USPS Tracking Number

12/04/14: Green Card Received!!!

Filed: AOS (apr) Country: Australia
Timeline
Posted

You will need 2013 to show current income so if that transcript isn't available yet then you can provide a copy of the return with his 1099 or whatever proof of income he currently has.

Posted

If the petitioner includes bank statements for the last 6 months, is that good enough to show income?

Also, just incase we need to use a co-sponsor, do they have to be USC or they can be PR?

Thank you!

TIMELINE:

02/06/14: Sent package to Chicago via Fedex Overnight: 1-130, 1-485, 1-765, 1-864, 1-693, G-325, G-1145
02/07/14: Package received and signed by G.L
02/13/14: Received Text and Email Notification
02/13/14: Checks cashed - $1170 and $420

02/20/14: 1-485 + 1-765 + 1-130 NOA Hard Copies Received

02/22/14: Biometrics Appointment Notice Received

03/10/14: Completed Biometrics

03/17/14: RFE Letter Received

03/24/14: RFE Response Sent

03/28/14: RFE Response Received

04/14/14: Email Notification - Card Document Production ( EAD )

04/14/14: Email Notification - Testing and Interview ( AOS )

04/16/14: Email Notification - EAD Card Mailed

04/17/14: Email Notification - USPS Tracking Number for EAD

04/18/14: Received EAD card in the mail!

04/21/14: Applied for SSN!

04/21/14: Green Card Interview Date Notice Received in the mail

04/28/14: Received SSN in the mail!

04/29/14: Went to DMV

05/21/14: Green Card Interview ... ( case requires further review, please wait 120 days before making an inquiry )

09/22/14: Called USCIS after 120 days wait period and was told to wait as they are still processing cases that are ahead of ours

11/23/14: Made an online service request on uscis.gov because our case was now outside the normal processing times

11/24/14: Went for an info pass appointment to ask about our case

11/24/14: Email Notification - Green Card Approved / Card Production Ordered, 1-130 Approved, Welcome Notice mailed

12/01/14: 1-130 Approval Notice Received, Welcome Notice Received

12/03/14: Email Notification - Green Card Mailed

12/03/14: Email Notification - USPS Tracking Number

12/04/14: Green Card Received!!!

Filed: AOS (apr) Country: Australia
Timeline
Posted

If he is self employed that may not be enough on its own so I would include a copy of his 2013 return with the bank statements and an explanation.

The co-sponsor can be a LPR or USC, they would need to complete their own I864.

Posted

Thank you so much Aussie_Jason!

TIMELINE:

02/06/14: Sent package to Chicago via Fedex Overnight: 1-130, 1-485, 1-765, 1-864, 1-693, G-325, G-1145
02/07/14: Package received and signed by G.L
02/13/14: Received Text and Email Notification
02/13/14: Checks cashed - $1170 and $420

02/20/14: 1-485 + 1-765 + 1-130 NOA Hard Copies Received

02/22/14: Biometrics Appointment Notice Received

03/10/14: Completed Biometrics

03/17/14: RFE Letter Received

03/24/14: RFE Response Sent

03/28/14: RFE Response Received

04/14/14: Email Notification - Card Document Production ( EAD )

04/14/14: Email Notification - Testing and Interview ( AOS )

04/16/14: Email Notification - EAD Card Mailed

04/17/14: Email Notification - USPS Tracking Number for EAD

04/18/14: Received EAD card in the mail!

04/21/14: Applied for SSN!

04/21/14: Green Card Interview Date Notice Received in the mail

04/28/14: Received SSN in the mail!

04/29/14: Went to DMV

05/21/14: Green Card Interview ... ( case requires further review, please wait 120 days before making an inquiry )

09/22/14: Called USCIS after 120 days wait period and was told to wait as they are still processing cases that are ahead of ours

11/23/14: Made an online service request on uscis.gov because our case was now outside the normal processing times

11/24/14: Went for an info pass appointment to ask about our case

11/24/14: Email Notification - Green Card Approved / Card Production Ordered, 1-130 Approved, Welcome Notice mailed

12/01/14: 1-130 Approval Notice Received, Welcome Notice Received

12/03/14: Email Notification - Green Card Mailed

12/03/14: Email Notification - USPS Tracking Number

12/04/14: Green Card Received!!!

 
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