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NerdyGirl

AOS K1, urgent! Biometrics scheduled, got an RFE!

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So, I have filled for my AOS last month, and got a biometrics appointment, which is supposed to be tomorrow. However, my husband just took the mail, and I got a letter, with yellow paper inside of it, saying:

The petitioner/sponsor on Form I-864, Affidavit of Support, must submit a complete Federal income tax return submitted to the IRS for the most recent tax year.

Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the poverty guideline for the petitioner/sponsor's household.

We sent the tax returns for 2011, 2012, and 2013, which show that my husband makes A LOT more than the 125% requirement.

This is confusing. Especially, since I've been scheduled the biometrics appointment. Should I show up tomorrow?

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They want you to submit taxes for 2014. I am assuming they weren't done at the time of submission, but now they should be done. They want them. Why is it strange?

About 125%- I am not sure how there could be a confusion? Either he is above it or not. Maybe you didn't account for children in the household or his kids? How many people are in your household including ALL kids either he or you are responsible for?


I-129F petition/K-1 visa

1/21/2015 I-129F mailed USPS Priority to Dallas lockbox /// 1/26/2015 received by USCIS

1/28/2015 NOA1 date /// 1/29/2015 NOA1 (text/email) I-129F sent → NOA1 - 7 days

2/3/2015 NOA1 (hard copy)

3/10/2015 RFE (email) /// 3/16/2015 RFE (hard copy) with A# NOA1 → RFE - 41 days

3/19/2015 RFE mailed USPS Priority to CSC /// 3/23/2015 RFE response received by CSC

5/18/2015 NOA2 (email) RFE→ NOA2 - 69 days / NOA1 → NOA2 - 110 days I-129F sent → NOA2 (CSC phase) - 117 days

5/22/2015 NOA2 (hard copy)

6/1/2015 NVC: case received NOA2 → NVC received - 14 days

6/4/2015 NVC: assigned case # & invoice ID

6/8/2015 NVC: sent to Embassy NVC received → NVC left - 7 days

6/10/2015 Status 'Ready' on CEAC site, letter from NVC mailed to petitioner /// 6/13/2015 NVC letter with case # (hard copy) received

6/16/2015 Embassy: case received NOA2 → Embassy received (NVC phase) - 29 days

6/17/2015 Status 'Administrative processing' on CEAC site, email from Embassy with interview instructions

6/24/2015 Interview scheduled, packets 3 & 4 received (email) /// 6/25/2015 Packet 3 sent to Embassy

7/2/2015 Medical

7/6/2015 Interview NOA1 → interview - 159 days Embassy received → interview (Embassy phase) - 20 days 7/28/2015 Visa issued /// 7/29/2015 email recieved/ visa in hand I-129F sent → visa in hand - 189 days (~6 months) TOTAL TIME

8/22/2015 POE LA

9/10/2015 Wedding

I-485(AOS)/ I-131(AP)/ I-765(EAD)

9/10/2015 Wedding /// 10/6/2015 Marriage Certificate (certified copy) received

11/3/2015 AOS/ AP/ EAD package mailed (USPS Priority to Chicago lockbox) /// 11/5/2015 received by USCIS

11/6/2015 NOA1 (x3) date /// 11/9/2015 NOA1 (x3) (text/email) AOS/AP/EAD sent → NOA1 - 3 days

11/13/2015 NOA1 (x3) (hard copy)

11/20/2015 Biometrics appointment invitation received (hard copy)

11/30/2015 Biometrics appointment

1/26/2016 NOA2 (EAD/AP) date /// 11/9/2015 NOA1 (x3) (text/email) AOS/AP/EAD sent → NOA1 - 3 days

1/29/2016 NOA2 (EAD) (hard copy)

2/3/2016 EAD/AP card received

event.png

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Yes you should show up tomorrow! Since taxes for 2014 should have been filed by now, they're probably asking for you to send those in. But no matter what exactly the RFE is for, you NEED to go to your appointment. Don't miss it!


K-1 from Haiti - NOA1: 5/27/2014; NOA2: 7/8 USCIS never updated to say that it was sent to the NVC (just in case you're as concerned about your status not updating as I was about mine)
NVC Case Number Received: 7/31; Left NVC: 8/1 - tracked via DHL website; CEAC Status - Ready: 8/7; Packet 3 Received: 9/5 - Beneficiary received packet / Medical Completed: 9/19;
DS-160 Submitted: 9/22 - (CEAC date updated); Packet 3 Submitted: 9/26; Packet 4 Received: 10/24; Interview Date: 11/6 @ 7 am Interview Result: Approved!
CEAC Status Issued: 11/10; USTraveldocs.com finally acknowledged Fiance's passport actually in their system: 11/20; Passport Received: 11/21;

POE: 11/23/2014; Wedding: 2/14/2015

AOS/EAD/AP Filed: 2/21/2015;

USCIS EAD & AP received: 2/25; USCIS AOS received: 2/27; Received NOA1s in mail: 3/5; Biometrics: 3/26; EAD/AP Card in Production: 5/11; EAD/AP Card Mailed: 5/1; EAD/AP Card Received 5/19; NPIW Letter dated: 6/11/15; Green card Approved: 10/1/15;

Green card Received: 10/7/15

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The thing is, since my husband has a company, they file their tax returns in September, and not in April like most people. He makes 1.5M a year which the 3 tax returns I sent show, so I'm sure he meets the requirements.

It is strange, because I've got the biometrics appointment. But, I will ask someone tomorrow, and hopefully it will be solved soon.

Thank you for the quick response, guys. :)

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Unless your biometrics appointment is at a proper USCIS office (as opposed to an ASC - which is where most biometrics appointments take place) then there is no point asking them because they will have no idea.

USCIS offices = staffed by real Immigration Officers that are federal employees.

ASC offices = staffed by contractors that are basically glorified photographers. You'd probably get better advice from asking your mailman than them.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Your RFE has nothing to do with your crucial biometrics appointment.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Hypnos, I just looked i up,

Street Address The Application Support Center that serves your area is located in Kentwood, MI.

The address is:

USCIS Application Support Center

4484 Breton Road

Kentwood, MI 49508-5270. It looks like it's an ASC office. If they can't tell me anything, I'll just call NCSC when I get back home.

Hi Nancy,

You mean, despite the RFE, they are most likely to take my fingerprints and a photograph tomorrow? Why, that would be fantastic!

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I had the same thing only I haven't got physical copy of my RFE yet and I went to have my biometrics done this Wednesday. Everything went well though I was worried too.


K-1 visa, TSC:

NOA-1 - January 24, 2014

NOA-2 - July 25, 2014

Case shipped to NVC (Department of State actually) - July 31, 2014

Paper copy of NOA-2 received - August 2, 2014

NVC Case Creation Date - August 11, 2014 (as it says on CEAC website)

NVC Ready Status - August 18, 2014

Administrative Processing status - August 28, 2014

Medical - September 8, 2014

Interview - September 12, 2014 . Approved!!! :dancing:

Visa in hand - September 17, 2014

Flight to the USA - October 1, 2014

Wedding - December 6, 2014 (L)

Adjustment of Status:

Documents sent - April 12,2015

USCIS Acceptance Confirmation (email, text) - April 27,2015

Biometrics for AOS - May 20, 2015

RFE in the mail - May 23,2015

Biometrics for EAD (yep, sh*t happens) - June 23,2015

Notice of approval for EAD in mail - June 30,2015

EAD in mail - July 13, 2015

Avance Parole in mail - July 24,2015

Ready to schedule for interview - July 20, 2015

USCIS letter with interview date - August 22,2015

AOS interview date - September 24,2015

Approved! :dancing::dancing::dancing:

Welcome letter in mail - September 29,2015

Green card in mail - October 2, 2015

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Hypnos, I just looked i up,

Street Address The Application Support Center that serves your area is located in Kentwood, MI.

The address is:

USCIS Application Support Center

4484 Breton Road

Kentwood, MI 49508-5270. It looks like it's an ASC office. If they can't tell me anything, I'll just call NCSC when I get back home.

Hi Nancy,

You mean, despite the RFE, they are most likely to take my fingerprints and a photograph tomorrow? Why, that would be fantastic!

Yes biometrics is required for most of uscis applications, RFE doesn't do anything with it.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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The thing is, since my husband has a company, they file their tax returns in September, and not in April like most people. He makes 1.5M a year which the 3 tax returns I sent show, so I'm sure he meets the requirements.

It is strange, because I've got the biometrics appointment. But, I will ask someone tomorrow, and hopefully it will be solved soon.

Thank you for the quick response, guys. :)

Even though your husbands company will be filing return in September, his personal returns were due on 04/15/2015

So, he must have filled an extension

Send them the copy of an extension and the explanation why

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

Extensions: If you filed an extension for the most recent tax year, submit a photocopy of your IRS Form 4868 icon_pdf_small.png (PDF - 509 KB) or write and sign a statement indicating you filed an extension.

Good luck! :)

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The thing is, since my husband has a company, they file their tax returns in September, and not in April like most people. He makes 1.5M a year which the 3 tax returns I sent show, so I'm sure he meets the requirements.

It is strange, because I've got the biometrics appointment. But, I will ask someone tomorrow, and hopefully it will be solved soon.

Thank you for the quick response, guys. :)

Jezzus. What does your husband do to make 1.5M per year if you don't mind me asking? Sounds like he has nice business going there.

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I have seen people confused on here because they make tons of money with their own business, but they also spend tons of it on expenses. For the purpose of the I-864 when it comes to people who are self-employed, the figure they need to enter would be after expenses but before taxes.

Perhaps he got caught out by that technicality if they are saying he doesn't make enough.

Or perhaps he sent in the company tax transcripts instead of his own?


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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They meant, since he didn't send the tax returns for the past year, we don't meet the requirements. We are working on it, so I will send it next week, because I am in a great hurry to get a driver's license, as I am completely dependent on other people if I want to go anywhere, which is frustrating.

I've had my biometrics today, it was super fast, and easy.

Hanniel, he is in the car business.

Thank you all for your responses.

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If he is self employed, then his tax returns are the only thing that prove his yearly income.


Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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