March 2015 AOS Filers

[jens_prodigy 13]

Yay! AOS fees were withdrawn from our account today! I'm still waiting on the biometrics appointment but this feels like progress! I'll take it!

[YouAndMeForever 1,022]

Great! Can you please confirm what documents you took along with you? And does the spouse need to be there? Thank you!

Hello,

I had my biometrics appt. on 03/31. It was super easy and fast.

The US citizen spouse is NOT required to be there.

Here is what you need:

1. valid ID (valid foreign passport). Also, I had my marriage license with me as proof of name change, since my passport has my maiden name in it, but I applied for AOS with my married name (using my husband's last name).

2. Biometrics appointment letter

+(optional) your AOS NOA1 hardcopy (or hardcopies, if you applied for EAD and AP as well) - just in case.

Good luck!

Edited April 9, 2015 by YouAndMeForever

[Pheebs1201 269]

well just call them

The above poster did call them and were told for two people it was $25,000 which makes no sense.

You mentioned that you sent the 2013 tax papers as the most recent. Did your husband meet the 125% of the poverty guideline in tax year 2013? How about tax year 2014?

If he is above the 125% of the guideline in tax year 2014 AND currently, then there is no need for a co-sponsor, you only need to send them the copy of the 2014 tax papers (or IRS Tax Return Transcript 2014).

He didn't meet it in 2013 or 14 but he does now, since starting a new job in January.

[archie119 9]

The above poster did call them and were told for two people it was $25,000 which makes no sense.

He didn't meet it in 2013 or 14 but he does now, since starting a new job in January.

ok u had to meet the poverty guideline for the tax year 2014 , what he his making now doesn't matter

[Babyface1 81]

The above poster did call them and were told for two people it was $25,000 which makes no sense.

He didn't meet it in 2013 or 14 but he does now, since starting a new job in January.

Whoever was on the phone was wrong. The 125% of the poverty guideline 2015 is $19,912 for 2 people in the household. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Your husband didn't meet the 125% of the poverty guideline in the most recent year (2014) so that is why you got the RFE. Current income matters, yes, but since he has his new job only since January 2015, USCIS wants to see a co-sponsor.

[archie119 9]

• 19,912
• 25,112

POVERTY GUIDELINE Edited April 9, 2015 by archie119

[jola83 19]

Your spouse doesn't need to be there and you need your appointment letter plus photo I.d

[Pheebs1201 269]

ok u had to meet the poverty guideline for the tax year 2014 , what he his making now doesn't matter

Whoever was on the phone was wrong. The 125% of the poverty guideline 2015 is $19,912 for 2 people in the household. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Your husband didn't meet the 125% of the poverty guideline in the most recent year (2014) so that is why you got the RFE. Current income matters, yes, but since he has his new job only since January 2015, USCIS wants to see a co-sponsor.

Thank you both, I just don't understand why his income was approved during the interview stage if it's going to be an issue now. I was always told that current income is key. Surely this means someone who is now unemployed but earned enough in 2014 would be approved without issue? To me, this doesn't make sense.

[Babyface1 81]

Thank you both, I just don't understand why his income was approved during the interview stage if it's going to be an issue now. I was always told that current income is key. Surely this means someone who is now unemployed but earned enough in 2014 would be approved without issue? To me, this doesn't make sense.

The way US Consulates and USCIS work will always remain a mystery...

However, people in both cases you mentioned (1. didn't earn enough before but currently has a job with sufficient income AND 2. did earn enough before but currently doesn't have a job/doesn't earn enough) will likely get RFEs. USCIS wants to see continous and sufficent income. Since your husband didn't meet the 125% of the poverty guidelines to sponsor you not just in 2014 but in 2013 as well, they might not be convinced enough. Good luck!

Edited April 10, 2015 by Babyface1

[archie119 9]

Yep there rules but did u get the option to use assets to meet the deadline

Edited April 10, 2015 by archie119

[Pheebs1201 269]

The way US Consulates and USCIS work will always remain a mystery...

However, people in both cases you mentioned (1. didn't earn enough before but currently has a job with sufficient income AND 2. did earn enough before but currently doesn't have a job/doesn't earn enough) will likely get RFEs. USCIS wants to see continous and sufficent income. Since your husband didn't meet the 125% of the poverty guidelines to sponsor you not just in 2014 but in 2013 as well, they might not be convinced enough. Good luck!

But they can also see that he was a full time college student during that time- not just some waster sitting around with a **** low paying job. This has been his first opportunity to get a proper job and therefore meet the requirements. I find them so frustrating and illogical.

[Babyface1 81]

But they can also see that he was a full time college student during that time- not just some waster sitting around with a **** low paying job. This has been his first opportunity to get a proper job and therefore meet the requirements. I find them so frustrating and illogical.

I understand your frustration. I wish you guys the best of luck!

[Pheebs1201 269]

I understand your frustration. I wish you guys the best of luck!

Thank you, and thanks again for the advice. Hopefully we will get it sorted soon!

[Lelyze 49]

We got our biometrics appointment for April 13!

Does anyone have experience with Brooklyn office? How long does it take?

[Lelyze 49]

Thank you both, I just don't understand why his income was approved during the interview stage if it's going to be an issue now. I was always told that current income is key. Surely this means someone who is now unemployed but earned enough in 2014 would be approved without issue? To me, this doesn't make sense.

We had misfortune that my husband was laid off from his work 2 weeks after I came. His taxes for last three years show that he made well above poverty guidelines, but we had to tell them that he is not employed at the moment. He is doing freelancing, but there is no way we can prove how much he earns, so we tried to use assets. Hope we will not get RFE. Can you try the same thing?