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Filed: K-1 Visa Country: United Kingdom
Timeline

Hi All,

I'm afraid we've been a little inactive on VJ for the last few months - basically been having too much fun being back together - I am sure you all understand. However, I was wandering if anyone could advise on the following frustrating predicament.

We filed for AOS, EAD and AP on 01/30/07, and got an NOA on 02/06/07. I assumed that everything was going to plan, as I had my biometrics appointment on Tuesday. However, we now received an RFE (it says request for INITIAL evidence, but I don't know if there is any difference). I'll include details of what evidence we provided for our original affidavits of support below, but first I'll summarise what's in the RFE (my comments in italics):

The sponsor or joint sponsor must provide:

Firstly, if they say sponsor or joint sponsor, how can we tell who they are talking about? We used a joint sponsor as Jenni is in full-time grad school at the moment. I guess we should just resend everything for both, right?

- W-2s, 1099s and or all schedules submitted to the IRS - a copy of his/her Federal income tax return was submitted and/or the sponsor or joint sponsor requested an extension to file his or her income tax return.

Now, is it me, or does this not make grammatical sense? I understand they want W2s, 1099s etc, but what does the second part mean?

- Federal income tax returns for the most recent tax year or certified Internal Revenue Service (IRS) copies

Does this mean 2006? We haven't yet filed for 2006 but are getting ready to do so. HOw long does it take to get transcripts once we file, or can we simply copy what we are filing, and send them that?

- Evidence of current employment or self employment

I am presuming this is for Jenni, as we already submitted a letter from her mother's employer (her mom is co-sponsor). As Jenni is in school, I presume a letter from her professor or some such would be appropriate.

- They also ask for evidence that the co-sponsor is a US citizen, US national, or lawful permanent resident.

This is fairly self evident, but I am pretty sure the original instructions never asked for this. I guess just a copy of her mom's passport, right?

That's it in terms of the rfe. If anyone can offer advice, it'd be gratefully appreciated. In case it is of any help, here is what we filed originally as supportive edivence:

For Jenni - just a 2005 income tax return (as she is not now working, and we had a co-sponsor, we didn't think they'd need anything else)

For her mom

- tax return transcripts for 2005 and 2004.

- tax return for 2003

- verification of employment letter

- copies of pay vouchers from August to December 2006

- Copies of bank statements from Feb-Dec 2006

So, any ideas on what could be missing? I really appreciate any advice.

Sami

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Filed: Citizen (apr) Country: Vietnam
Timeline

Sponsor: Jenni

Co-Sponsor: Jenni's mom

This goes for both:

- ITR = 2006, 2005, 2004

- W-2 = 2006, 2005, 2004

- or Transcripts from the IRS

- Bank Statements 6 months at least

- Employment letter

- Your case: Professor or College billing should be ok for proof of being a full-time student

- Pay-stubs (3 months or 6 months)

- Birth Certificates

- Passports

- DL or State ID

The deal is, how do you best present your case to the USCIS where you will not be a public charge once they approve your AOS. Show them you have Co-sponsor, your sponsor's future earning potential (being a medical student or brain surgeon PA would have significant impact and weight even if you don't have a sole sponsor at this point). Think how you would approve a case and think what you would like to see if it were you who decide to approve or disapprove a case like yours, then collect and present the evidence in that manor. There is NO one thing which will decide your case for approval, it's the whole package, the whole thing, let them see the big picture of your relationship.

Good luck

"You always get what you've always gotten if you always do what you always did."

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Filed: K-1 Visa Country: United Kingdom
Timeline
Sponsor: Jenni

Co-Sponsor: Jenni's mom

This goes for both:

- ITR = 2006, 2005, 2004

- W-2 = 2006, 2005, 2004

- or Transcripts from the IRS

- Bank Statements 6 months at least

- Employment letter

- Your case: Professor or College billing should be ok for proof of being a full-time student

- Pay-stubs (3 months or 6 months)

- Birth Certificates

- Passports

- DL or State ID

The deal is, how do you best present your case to the USCIS where you will not be a public charge once they approve your AOS. Show them you have Co-sponsor, your sponsor's future earning potential (being a medical student or brain surgeon PA would have significant impact and weight even if you don't have a sole sponsor at this point). Think how you would approve a case and think what you would like to see if it were you who decide to approve or disapprove a case like yours, then collect and present the evidence in that manor. There is NO one thing which will decide your case for approval, it's the whole package, the whole thing, let them see the big picture of your relationship.

Good luck

Awesome! Thank you so much for the feedback.

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