AOS- NOA2, EAD, and 1-864 Questions

[belishabeacons 3]

Hello guys,

After a long and complicated K1 process, we are finally on the eve of my fiance's arrival in the US!

Before we start gathering our documents for the AOS, I have a few questions though:

1) We may have misplaced our NOA2. I've read on here that it is actually ok to misplace the NOA2, and we don't necessarily have to file for a replacement (and pay $400)! Is this true? How do we rectify this? Can I print out the USCIS confirmation of the NOA2?

2) I know e-filing an EAD takes ~70 days. But, there is a walk-in category which takes much less time. How does one do a walk-in? Is it for special circumstances only?

3) I am a student, who also has jobs, but they pay below the minimum poverty line. My co-sponsor makes well above the poverty line to sponsor my fiance + me, but her job is a year old and so isn't reflected on her tax documents for 2012 and 2011. Does this make her ineligible? We don't have other sponsors.

Thank you so much!

[Marco&Bettina 502]

Hello guys,

After a long and complicated K1 process, we are finally on the eve of my fiance's arrival in the US!

Before we start gathering our documents for the AOS, I have a few questions though:

1) We may have misplaced our NOA2. I've read on here that it is actually ok to misplace the NOA2, and we don't necessarily have to file for a replacement (and pay $400)! Is this true? How do we rectify this? Can I print out the USCIS confirmation of the NOA2?

2) I know e-filing an EAD takes ~70 days. But, there is a walk-in category which takes much less time. How does one do a walk-in? Is it for special circumstances only?

3) I am a student, who also has jobs, but they pay below the minimum poverty line. My co-sponsor makes well above the poverty line to sponsor my fiance + me, but her job is a year old and so isn't reflected on her tax documents for 2012 and 2011. Does this make her ineligible? We don't have other sponsors.

Thank you so much!

Ouch.

Edit: I'm no expert, but I believe if it shows below on tax statements, you cannot use that person as a sponsor. But I'm sure someone who really knows what they're talking about will chime in.

Edited August 6, 2014 by Marco&Bettina

[belishabeacons 3]

Ouch?

[Girl from Celebes 588]

Hello guys,

After a long and complicated K1 process, we are finally on the eve of my fiance's arrival in the US!

Before we start gathering our documents for the AOS, I have a few questions though:

1) We may have misplaced our NOA2. I've read on here that it is actually ok to misplace the NOA2, and we don't necessarily have to file for a replacement (and pay $400)! Is this true? How do we rectify this? Can I print out the USCIS confirmation of the NOA2?

2) I know e-filing an EAD takes ~70 days. But, there is a walk-in category which takes much less time. How does one do a walk-in? Is it for special circumstances only?

3) I am a student, who also has jobs, but they pay below the minimum poverty line. My co-sponsor makes well above the poverty line to sponsor my fiance + me, but her job is a year old and so isn't reflected on her tax documents for 2012 and 2011. Does this make her ineligible? We don't have other sponsors.

Thank you so much!

1. It is not okay to misplaced your NOA-2. You ended up will paying for replacement. But here it is that you don't necessarily have to pay replacement. This is a post about that. http://www.visajourney.com/forums/topic/323385-filing-for-aos-with-lost-noa2/
2. You can't e-filing for EAD if you are adjust from K-1 visa
3. Let others chime in on your question number 3

Good luck!

Edited August 6, 2014 by Girl from Celebes

[belishabeacons 3]

Ouch.

Edit: I'm no expert, but I believe if it shows below on tax statements, you cannot use that person as a sponsor. But I'm sure someone who really knows what they're talking about will chime in.

Actually, that turns out to not be true. From UCSIS (http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/affsuppafm062706.pdf):

"USCIS, however, may consider other evidence of income (e.g., pay stub(s), employer letter(s), or both), if (1) the sponsor establishes that he/she was not legally obligated to file a Federal income tax return for the most recent tax year, or (2) USCIS determines that the income listed on the Federal tax return for the sponsor’s most recent tax year does not meet the governing threshold.

In other words, if the sponsor’s current income is sufficient, it can establish that the Form I-864 itself is sufficient even if the tax return without any other documentation might warrant a finding that it is not sufficient. For example, if the sponsor recently started a new job (that USCIS is satisfied will likely continue) and the income from the job now meets or exceeds the legal requirement, USCIS may find the Affidavit of Support to be sufficient, notwithstanding information included in the transcript or copy of the tax return(s)."

So #3 is okay.

It is not okay to misplaced your NOA-2. You ended up will paying for replacement. But here it is that you don't necessarily have to pay replacement. This is a post about that. http://www.visajourn...with-lost-noa2/

How do you do an infopass appointment?

1. You can't e-filing for EAD if you are adjust from K-1 visa

   Wait do you mean I can't e-file?

[KayDeeCee 4,893]

1.) You can file without it using the printout of the online approval notice, and if you have it, a copy of the letter from the NVC talking about your approved petition being sent to the consulate. If you want to make an infopass appointment, go here > https://infopass.uscis.gov/

2) There is no 'walk-in' for an EAD, so not sure what you are referring to. You also do not qualify to file the I-765 online, as you file as category (c )(9 ) and the fee is waived. You send the I-765 and I-131(fee also waived) with the I-485 at the same time, to the same address. http://www.visajourney.com/content/k1k3aos

3) As you already seem to have discovered, what they made in the past is not what is most important and does not disqualify them from being the joint sponsor. They need the information from the last 3 years on the I-864 form itself, but only need to send in the most recent tax transcript. Total income amount from the taxes is something separate from the current annual income amount(except in cases where self-employed). They also need to provide a letter from employer and/or recent stubs to prove their current annual income, and proof of being a USC or LPR.

[belishabeacons 3]

They also need to provide a letter from employer and/or recent stubs to prove their current annual income, and proof of being a USC or LPR.

Thanks KayDeeCee! That really helps :-D

Did you include a passport photocopy for yourself (and any co-sponsors) for the visa?

[nathalieg 1]

Hello guys,

After a long and complicated K1 process, we are finally on the eve of my fiance's arrival in the US!

Before we start gathering our documents for the AOS, I have a few questions though:

1) We may have misplaced our NOA2. I've read on here that it is actually ok to misplace the NOA2, and we don't necessarily have to file for a replacement (and pay $400)! Is this true? How do we rectify this? Can I print out the USCIS confirmation of the NOA2?

2) I know e-filing an EAD takes ~70 days. But, there is a walk-in category which takes much less time. How does one do a walk-in? Is it for special circumstances only?

3) I am a student, who also has jobs, but they pay below the minimum poverty line. My co-sponsor makes well above the poverty line to sponsor my fiance + me, but her job is a year old and so isn't reflected on her tax documents for 2012 and 2011. Does this make her ineligible? We don't have other sponsors.

Thank you so much!

1. If you applying with a legal representative you can request the legal representative's copies. If not, you can contact the USCIS customer service phone number and have them re-mail them to you. You cannot print these notices online

2. The EAD takes 60-90 days. You can schedule an infopass to try to obtain the EAD sooner but you must have a legitimate reason otherwise it will not be expedited. You must take evidence to the infopass appt and 2 passport pictures

3. The joint sponsor would be sponsoring the green card applicant only. She will need to submit her 2013 taxes, 2013 W2's, recent pay stubs, and employment letter. She must submit her most recent tax return otherwise you will need to find another joint sponsor. She could potentially use her assets to supplement her income if any such as ownership of a home or more than 1 vehicle, a 401k, etc.

[KayDeeCee 4,893]

Thanks KayDeeCee! That really helps :-D

Did you include a passport photocopy for yourself (and any co-sponsors) for the visa?

What visa? You are applying for permanent residency, not a visa. And no, I did not need to send any passport photos. Only my husband, the AOS applicant needed to send in passport photos with his forms, 2 each for the I-485, I-765 and I-131. A joint sponsor does not need to send in a passport photo. They need to follow the I-864 instructions and send in proof of being a US citizen or lawful permanent resident. They can do that with copy of US birth certificate, naturalization, biographical page of US passport, or front and back copy of green card.

1. If you applying with a legal representative you can request the legal representative's copies. If not, you can contact the USCIS customer service phone number and have them re-mail them to you. You cannot print these notices online

The USCIS will not just re-send an approval notice that you lost. There is a form to fill out and a fee of $405 for a replacement. However, people can, and have successfully sent in a printout of the approval notice from online and a copy of the letter they received from the NVC to avoid the fee. The link to one of the threads about approval without the NOA2 from the I-129F was already posted above in this thread.