sarahnaphtali

Thank you so much for responding so quickly!

The POE was a couple of days after our second wedding anniversary so perhaps there has been a mistake? The IV issue date printed in his passport by the Embassy in London was for three days before our anniversary so perhaps that is the reason the conditional status? Any more advice is greatly appreciated...

Sarah

Hi Everyone,

My husband had his POE yesterday in Chicago and we are a bit confused. He received no documentation from the Customs officer apart from the temporary I-551 in his passport. The stamp reads 'Alien has been notified of the provisions of Section 216 and of the procedures for having the conditional basis of his/her status removed.' We are confused because he was not advised of anything relating to Section 216. We don't understand what 'Conditional Basis' is and what we need to do next. Will he be able to apply for a SS card? Will he be able to work? Will he receive his permanent Green Card in the mail? We have been married for two years so I don't understand why his residency would be conditional. If anyone can help we would really appreciate it!

Thanks, Sarah

Did your statement as to why you didn't file taxes include some thing like "In 2010, I earned $1,234 which is below the threshhold of $9350 for a taxpayer filing single. I have included blah blah blah from my employer to show my 2010 earnings."

Sometimes you can't expect them to connect the dots, so state your exact 2010 earnings and don't expect them to get it from your employer letter. Just saying in your statement "my income was too low" is vague.

Also get a tax transcript for your dad. That way he doesn't have to know what forms, schedules, W2s, 1099s to include. They come quickly.

Thanks for that. I actually did include specific amounts, stating that my part-time income of $2500 for the 2010 fiscal year did not meet the taxable income threshold of $3650 for my filing status of married, filing separately for 2010 as evidenced by the IRS 501 Publication. And I included a copy of said publication. I'll just send it all again and hope that they actually read it this time. I'll definitely get a tax transcript for my Dad, just in case he left something out.

Thanks very much to Sheeshkabelle and Bigdog for the replies. For my 2010 tax returns I submitted a statement that I wasn't required to file, a copy of the IRS 501 Publication for that year showing the income threshold for non-filing, a letter from my employer showing my salary, and a pay slip showing cumulative wages for 2010. I will submit it all again but have I left anything out? Not sure what else I could send them to demonstrate that my income was too low to be taxed. I'll double check with my Dad that he included the entire 2010 tax return. Also, I'm a bit unclear as to whether or not we need to re-send the entire I-864 packet or only the financial documents with the barcoded cover letter from NVC. Thanks again for the advice!

Hi Everyone,

I'm hoping that someone can help me to determine whether or not I've received a false RFE (or if this is even an RFE) and how best to proceed. I sent the I-864 to the NVC for my husband and received back a checklist for financial items missing/not submitted. According to the checklist, I need to provide:

[x] A written statement/explanation is required if you are/have been unemployed, retired or dependent

as to why tax returns were not filed.

[x] The listed income tax documents/IRS statements for the years marked below are missing/incomplete

(if you have lost any of the requested tax information, contact your local IRS office to obtain a copy)

(Only Federal returns (not state or local) are acceptable unless the sponsor's income was earned in Puerto

Rico.)

• Federal income tax returns, literal printouts from IRS (RTFTP) or a Letter 1722 issued by the IRS are

missing/incomplete for the year(s): [x] 2010 [ ] 2009 [ ] 2008 [ ] 2007.

[x] You have not enclosed an explanation of why you were not required to file income taxes under

Federal tax laws for any/all of the 3 most recent tax years. (Residence outside of the U.S. or retirement

does not exempt a U.S. Citizen or LPR from filing a Federal tax return. Individuals who were required to

file Federal returns but failed to do so are advised to file late returns.)

My problem here is that not only did I provide this information, I attached a cover sheet clearly listing all documents I included and in what order (A written statement explaining that I was not required to file taxes for 2010 due to low income, a letter from my employer with my salary and a copy of the IRS 501 Publication for 2010 evidencing that my income was too low to be taxable. I also included the 501 Publication for 2009 and 2008 demonstrating that my income is too low to be taxable, as I'm a full-time student).

My dad (who is our co-sponsor) also received a checklist, asking him to provide:

[x] A written statement/explanation is required if you are/have been unemployed, retired or dependent

as to why tax returns were not filed.

[x] The listed income tax documents/IRS statements for the years marked below are missing/incomplete

(if you have lost any of the requested tax information, contact your local IRS office to obtain a copy)

(Only Federal returns (not state or local) are acceptable unless the sponsor's income was earned in Puerto

Rico.)

• Federal income tax returns, literal printouts from IRS (RTFTP) or a Letter 1722 issued by the IRS are

missing/incomplete for the year(s): [x] 2010 [ ] 2009 [ ] 2008 [ ] 2007.

[x] You have not enclosed an explanation of why you were not required to file income taxes under

Federal tax laws for any/all of the 3 most recent tax years. (Residence outside of the U.S. or retirement

does not exempt a U.S. Citizen or LPR from filing a Federal tax return. Individuals who were required to

file Federal returns but failed to do so are advised to file late returns.)

My Dad included his 2010 tax returns. I'm really not sure what else they expect us to submit. I have no idea whether I should call them (although I have not had much luck with the no-help line in the past) or send an email saying that the information they say is missing is located on pages 9-20 of the I-864 packet (as evidenced by my cover page) so please check again. Or, should I just mail everything to them again?

Thanks in advance for reading!

Sarah

Thanks very much for the reply. I used the word "packets" simply to differentiate between the I-864 form I am preparing and the I-864 form my Dad is preparing (as he is the joint sponsor on the application). Perhaps I should clarify a bit, the reason I'm not sure if everything gets sent together or if we can each mail our I-864 forms to the NVC is that in the Joint Sponsor instructions on the NVC website, it says for the Joint Sponsor to make certain that the Sponsor has submitted an I-864. To me, this sounded as though I could mail mine to the NVC from the UK and my Dad could mail his (with the barcoded cover sheet of course) to the NVC from the US. Obviously, I don't want to do anything that will confuse the NVC so I just wanted to clarify that my only option is to mail all the information to my Dad in the US and then let him assemble the I-864 packet to include his information and then he can mail this to the NVC? Just seems rather convoluted but if that's the only option then that's what I'll do.

Hi Everyone,

I'm just about ready to send in my I-864 to the NVC but had a question that I can't seem to find the answer to. I am sponsoring my husband but my income does not meet the requirements so my Dad has very kindly agreed to act as a joint sponsor. My question is do both our I-864 forms have to be mailed in together? I'm currently living in the UK and he is in the US so I thought it would be easier to mail them separately. Does anyone know if this is possible or a good idea? Thanks in advance for any advice!

Thanks for the reply!

It's my understanding that you are only required to file if your gross income meets the standard for your filing status. According to the IRS 2011 Filing Requirements Chart, my gross income does not meet the requirements for my filing status, that's why I haven't filed. I've got pay stubs and a statement of earnings from UK Inland Revenue which will demonstrate that my income was not sufficient for me to file taxes. But you think I should file a return anyway, just to be safe?

Hi Everyone,

I'm in the process of compiling the info to send the I-864 to the NVC. I'm a bit confused about what financial documents to include. I (petitioner) am a US citizen living in the UK. I'm a full-time student and the income from my part-time job does not meet the minium income requirements for filing a tax return from the IRS, therefore, I have not filed a return for the last tax year. Do I really need to include a Verification of Nonfiling form from the IRS or can I supply a Statement of Earnings from UK Inland Revenue showing my pay, along with an affadavit explaining that my income does not meet the IRS minimum requirements for filing? I'm just wondering if this is likely to flag an RFE and should I just file anyway? By the way, I am applying with a co-sponsor (my Dad) who meets the income requirements for a sponsor. Any advice is greatly appreciated!

Thanks!

Hi everyone! I'm new at this forum, so apologies if this question has already been posted.

I am a USC married to a UK Citizen. I have been living in the UK for 5 years on a work permit (Tier 2 visa) which is a temporary visa, not indefinite leave to remain. I am wondering whether I am eligible to submit the I-130 application for my husband through DCF in London? I have phoned the embassy twice, and neither person really knew the answer. One guy suggested I just apply to London and see whether my application gets rejected!

So does anyone have any experience on applying with DCF in London without an indefinite leave to remain visa? Is it even worth spending time trying to figure out whether I am eligible or is the process not that much longer when applied via the Chicago lockbox?

Thanks in advance for any help!

Hi there! In order for the DCF in London to process your application you have to have indefinite leave to remain in the UK. I phoned them with the same query (I have lived in the UK for 5 years but on a student visa) to see if my husband (UK citizen) and I could send our I-130 application to them. I was told that if I did not have indefinite leave to remain I would have to file with the Chicago Lockbox. I sent our application to the Chicago Lockbox and it only took 1 month for them to approve us. Good luck!

Hi Everyone,

I'm very new to this topic and have a few questions I'm hoping someone can help me with. My husband (who is a UK Citizen) and I are currently living in the UK and are hoping to move to the US as soon as possible. Although I haven't yet received a notice in the post, according to the USCIS website my I-130 application for my husband has been approved and is now in 'Post-Decision Activity'. I'm assuming that NVC will now forward the application onto the US embassy in London? I had thought to also apply for the I-129/K-3 visa to expedite our move; however, from looking at recent posts this may not be the best option? Does anyone know if this would indeed slow the process and end up costing more in the meantime? Thanks so much in advance for any advice!!!