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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hello...

Getting a late start on the AOS, my wife and I married July 27, 2019, and are just now submitting her AOS.  

My question deals with finances.  I make well above the amount needed for what is considered my household, about 46,000, except in 2017 where it was under the 27000 mark.  I was told that because of the 2017 amount we might get denied.  I truly don't understand the reason behind that, it was three years ago!  

 

Also, I have a daughter, who has not lived with me in years, and she will be 18 next month, and the Aos papers have her as part of my household, which clearly she is not.  And her, being a third person is what messes us up for 2017.  

I am really nervous about this, any one have any thoughts on this?   Should we wait to file when she is 18, what would be the best thing to do in this situation?   Or does 2017 really matter?

Thank you 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Thread is moved from US Immigration News to the "AOS from K Visas" Process forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: Haiti
Timeline
Posted
1 hour ago, Matt&Jen said:

Hello...

Getting a late start on the AOS, my wife and I married July 27, 2019, and are just now submitting her AOS.  

My question deals with finances.  I make well above the amount needed for what is considered my household, about 46,000, except in 2017 where it was under the 27000 mark.  I was told that because of the 2017 amount we might get denied.  I truly don't understand the reason behind that, it was three years ago!  

 

Also, I have a daughter, who has not lived with me in years, and she will be 18 next month, and the Aos papers have her as part of my household, which clearly she is not.  And her, being a third person is what messes us up for 2017.  Wow

I am really nervous about this, any one have any thoughts on this?   Should we wait to file when she is 18, what would be the best thing to do in this situation?   Or does 2017 really matter?

Thank you 

Your spouse has been illegal for the past year. You should file ASAP; why in earth people jeopardize the status of their “loved” one I have no idea. Who told you you she would be denied for what you made in 2017? USCIS doesn’t care if you made $0 in 2017, what matters  is what you make TODAY. Current income is what they are looking for. If you weren’t denied the k1 for what you made in 2017 what would be the logic she would be denied For AOS?

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted
5 hours ago, Matt&Jen said:

Hello...

Getting a late start on the AOS, my wife and I married July 27, 2019, and are just now submitting her AOS.  

My question deals with finances.  I make well above the amount needed for what is considered my household, about 46,000, except in 2017 where it was under the 27000 mark.  I was told that because of the 2017 amount we might get denied.  I truly don't understand the reason behind that, it was three years ago!  

 

Also, I have a daughter, who has not lived with me in years, and she will be 18 next month, and the Aos papers have her as part of my household, which clearly she is not.  And her, being a third person is what messes us up for 2017.  

I am really nervous about this, any one have any thoughts on this?   Should we wait to file when she is 18, what would be the best thing to do in this situation?   Or does 2017 really matter?

Thank you 

You're not even required to show 2017 income, why would she get denied for that?

 

For the household size, just follow what the instructions says: 

 

"Item Number 4. Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns."

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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