avesta

I agree with the others advice, but also know that we received a similar RFE recently that was clearly erroneous. Both my husband and I are employed, and make well over the 125% of the poverty guideline required. He is sponsoring my AOS from J1 visa. However, we received an RFE last month mentioning three issues:

(1) Although my husband made enough money to be above the poverty guidelines, we failed to include evidence for this in terms of tax documentation. Of course we had provided three years of tax returns, W-2's, pay stubs, and letters of employment, so this was nonsense.

(2) We hadn't included a tax return from last year. Again, we absolutely had submitted this.

(3) The amount my husband makes is not enough to be above 125% of the poverty guidelines. Suffice to say this directly contradicts what they said in their first point, and is also completely incorrect.

Since their RFE made no sense, especially their third point, my lawyers concluded the USCIS had failed to review our documents properly. My lawyer put together a package of all the documents they asked for (again), with a cover letter to explain very politely that we had already provided the information (but NOT pointing out they had messed up!), and as a courtesy we had included the documents again with updated (more recent) pay stubs. So it seems that even with solid documentation of employment and earnings, mistakes are made. I recommend sending as much evidence as you can, including things you've already submitted.

Thanks a lot for the suggestion. I explained everything in a cover letter and included all the previous documents as well as a letter from my bank showing the average account balance of last 12 months including recent paystubs and everything else that I had. Hopefully this will resolve the issue.

Thank you

If self-employed, did you provide the complete return with all forms, schedules, attachments and any 1099s(if you have them)? If you do not send the IRS transcript, then you need the complete copy of return. Also, what is the Total Income from line 22 of the 1040 for your 2015 return?

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Yes I sent the complete copy of the return including all schedules and everything that I filed with IRS including 1099s . The total income in line 22 is over 100K

When you say you submitted all tax documents it's a broad statement so be specific so we can give specific answers.

List everything you submitted and are you self employed, did you submit pay stubs, employer letter, official tax transcripts

or your tax returns with all schedules attached ?

I applied for adjustment of status for a family member that I sponsor. I submitted the tax returns for the last 3 years. I am self employed, submitted paystubs but no employer letter since I'm self employed and no official tax transcripts.

The funny thing is I submitted the same documents for my mum in I-130 and her application was approved so I'm not sure if the officer did not read it properly or what was the issue.

Hello,

I received a letter stating that they require additional evidence.

1. Submit All Tax Documentation

2. Based on the form I-864 my income did not meet the 125% poverty guideline.

Now the weird thing is I did submit all tax documentation for the last 3 years and my income

According to the guidline for 3 or 4 people my income should be above $30,375, however my income was 6 figures so I don't want understand why they said it did not meet it. Did they not review my documents properly? Because I did submit all tax documents and from what I understand it did meet the poverty guideline.

Can someone assist and let me know what I'm missing?

Hello,

I filling out the applications for my father who's currently in South Carolina and I live in Florida. I was filling out I-765 and I-485 for him and there's a place that requires the applicants signature and below that "Signature of the person who prepared this form". I have filled out and signed the section of the person who filled out the form and now the question that I have is:

Does my father need to also sign the form as an applicant or it's not necessary since I prepared it for him?

Since he is not already present in the US then it doesn't apply.

Entering the US on a nonimmigrant visa with the preconceived intent to remain and adjust status is considered immigration fraud, a federal crime. Discussion of criminal activity is not permitted by the ToS of these forums.

Thanks a lot for the info and I'm glad I asked cause I had no idea it was considered an immigration fraud.

Hello,

My dad is a resident of Dubai and I have been trying to get him an appointment so he could get his tourist visa but for the last 6 weeks there are no space available and it doesn't show any available space for future.

Can he perhaps travel to Europe where my sister lives and apply for the US visa over there? He has been to US many times before and I'm sure they have those info available there.

Please let me know if it's possible.

Thanks

Hello,

My parents are currently outside of the unite states and I recently applied for their green card by filing the i-130 form. My father is planning on visiting me soon and I was wondering if he can stay here until his green card is ready? Or does he have to go back to his origin country to obtain his immigration visa from the US consulate and get his green card once he arrives again in US?

I know you can apply for adjustment of status (i-485) but I'm not sure if it applies to his situation or not. I thought you apply for i-1485 and i-130 together.

Is that correct?

Hello,

I'm becoming a US citizen within 6 months or so and we might be relocating to another country due to work, however I wanted to know if I could apply for a green card for my parents while I live in another country?

Thank you so much. I will look into this immediately

Hello,

I got my greencard about two months ago and my wife and I traveled twice during these two months and every time we come back to the US, they take us to the immigration room for further investigation.

The thing is we sit there sometimes for 2 hours (made me lose my flight connecting flight once) since it's really busy and they look at our files and tell us to go without asking any questions.

Now my question is, is there anything written in our files in their system that they keep doing that? Is there a way to find out and hopefully prevent it from happening again?

Thanks for all of your responses. She hasn't been living here for 5 years so we'll just stay here and give birth to our son

Hello,

My wife is an american citizen (she became a citizen about 2 years ago) and I'm a green card holder. I wanted to know if our son is born outside of the U.S, will he get an american citizenship immediately?