riuthamus

You know, this makes me really sad! Normally I am not caught by this but I just clicked the first link provided by google. Thanks for the quick find guys!

http://www.us-immigration.com/form-i751-remove-conditions-green-card.jsp

First link

I went to file my wifes' online I-751 and when I did the "are you ready to file" 2 question option it says she is not available for it yet. Has anybody else had this issue? She is now within the 90 day period so I just wanted to make sure if I should file online or just fill out the form (that I had downloaded previously) and send that in.

Her passport has a visa with an expiration date on it. (The K-1 most likely) The passport itself is perfectly fine but I just want to make sure I am covering all bases.

So the greencard is the only think that keeps her legal?

I got it. I was just confused on timeframe. I was unaware that we had already done the AOS (for some reason I thought AOS was filed with the ROC). The confusion was that I had already done the AOS and so when I was reading the guide on that stuff it sounded like paperwork I had already done.

So, in fact, I have already completed the AOS and just need to file the ROC. I am still a bit confused on what to do with the visa/passport.

Well, i guess the moving of the topic tells me where I am at now! I need to start working on the I-751 form within the 90 day window! I think...

I have the read the guides, which is more or less why I am posting. I am confused.

Also, an edit to the top. I have already completed the AOS, I guess I am on the part of Removal of Conditions.

So, I brought my wife here on a K-1 visa on 21NOV2012. We were married on 05DEC2012 and have already had our initial interview. From what I have read we need to wait for the 90 day period to start the AOS, but I have also read that if you have been married less than 2 years you need to file for a removal of status of some type within that same 90 day period.

Her visa is set to expire some time in June, and I do not know what we should be doing right now. Do i need to submit the AOS? Do I also submit the Removal of Conditional Status form? Should I take her to the local embassy to get the visa renewed? Any and all help would be greatly appreciated.

Respectfully,

Sean

Yep, makes perfect sense. I plan to have that submitted for sure.

Seems like I just got an agent who doesnt know about military. I sent in tax transcripts and my LES. I will submit some of the things you did including a letter explaining it all.

Guys, lets not bash her, she was simply saying the same thing we all think. We are all gratefull for the service that soldiers, sailors, marines, and yes even the airforce *grumble* put forth for us. Some people express that gratitude by wishing that we got more things or that we received better treatment. We should not be upset at somebody who thinks that; rather we should be upset at the people who abuse those types of people. There are many who would take the actions of those who cherish our sacrifices and would turn that to further their own selfish desires ( a person who fakes injuries to gain 100% disability ). The point is we should not be attacking somebody who is passionate about her love and devotion to our service members. I think we can all agree that the issue is those who choose to exploit that love. As i said before this is not the main purpose of this topic so please try to not edge this on further.

San Diego, if you want to help you are more than welcome to do so but I am currently deployed/not at home base. My wife could meet you with some of her friends and look over the paperwork if you wished to help. I appreciate the offer.

Lets keep this civil. I think the answers have been posted and this thread has done its course. No need to make this about anything other than how to file the AOS with the RFE that was obtained. Again I thank all of you from the bottom of my heart as it is a great asset and relief to have a support group to turn to that has done this or is currently going through this. My wife and I would not be able to have dealt with this as smoothly as we have without a place like this. So I very humbly thank each and every person who has taken the time to post.

Ah, well again thank you all for the great advice and support. I love this site!

Sounds good! again thanks

Thanks MAJ H., and thanks to the rest of you for the help. I will ensure I get all of this taken care of.

When you buy a house you just have to send them LES statements as that proves you are employed. Although, if you are getting out soon you need to submit a statement for your intent to re-enlist. ( i know cause I am looking to buy a house as well ) The lady said that she thinks they could have lost our package ( the one that I talked to on the phone ) which is so odd because they got our money and they even sent my wife a notice of her bio-metrics appointment. So... i dont know. We got that part first and we were all excited thinking we did it right the first time. Guess not!

All we submitted were my hubby's LES, but we went the CR1 route and so, we didn't have to AOS. But I feel like that should be proof enough?

Good luck!

Same with me, but I was told that I should obtain some form of letter from the employer. Since my employer is the USN it seems like a silly request. I thought to provide orders or something to show that I am currently employed at blah blah base but I opted out when somebody said they just submitted the LES. I assume the problem is with the tax return not the actual proof. I will however, provide them with all of the things they ask just in case. I just wanted to see what others like myself have done. Thanks for the answer

Well "i cant write the US government and ask for a letter of employment. I am in the United States Navy and thats what an LES shows" is extremely arrogant sounding (like you stood up all tall and puffed out your chest and expect special treatment - could just be how I read into it), but really I was just impressing upon you how important it is that you reply successfully, how you're not the only one in the military and how others have been successful so there's got to be something that will work.

If you hadn't been RFE'd I would say the LES's would have been fine, but now the risk is too great to "assume" they're all you can get. You should at least ask about it, and if it's definitely a no then include a letter stating you attempted to get a letter from employer but it's not possible, here are contact details, and enclosed are "leave and earnings statements" (don't use shorthand) which prove your income to be at XXX annually. Even write the damn letter yourself, and ask for someone in your CO's office to sign it, or stamp it, or something, if possible.

I would suggest you post a topic in that forum asking whether anyone there got a letter from employer, and how, and if not, what they did instead. Specifically for your branch.

Good luck!

Eh... pretty sure that was you thinking something that I was not saying. The joy of the internet and being unable to read somebodies tone from it. I was making a haphazardly joke... While some people you may know try to use whatever they can an excuse to get out of duties and responsibilities I certainly can speak for myself that I do not. You don't know this but its the internet... give me the benefit of the doubt here. Anyway, we will gain nothing going down this road. I very much appreciate your help and your desire to post detailed information. I have taken your suggestion and posted in the military section. I wish you the best and thank you again for your concern with this matter.

http://www.visajourney.com/forums/topic/415999-rfe-that-makes-no-sense/

I posted this in the AOS section but wanted to get some guidance from people who are in the military. can any of you suggest to me how to prove my income is that of an E6, i submited 6 LES's to them but I guess that was not enough? Did any of you talk to your CO and have them write a letter? That seems really odd to have him do that but I guess i could. Thanks for any and all help in advance.

You are not the only person on this forum who is or has been military. That's why there's a military forum... so there are other military members who have been able to conform with the requirements. You're not asking "the government" you're effectively asking HR. You don't write "the US Government" you ask your CO about it. It's possible to get one (or someone here will know of an alternative) and you need to try because this is AOS... If you do NOT successfully reply to this RFIE it will be denied and you will need to either appeal or re-file. Refiling means paying the fees, getting a medical etc, all over again.

Indeed, not sure why your post seems to be hostile. Your tone suggests you are upset or something. I am simply saying logical things here. A letter from the employer suggests just that a letter from the USN stating my service of employment. Having been dinged for far less of a Symantec term I am just attempting to clarify this. As for the military part of the forum, I can hit that up as well but this was my first stop as this is associated with my AOS. I did consult other military people and they said they ONLY submitted their LES. People who just went through this process less than 5 months ago who I work with told me this. So while I understand the importance of this I am not sure why you seem hostile. Thank you for the detailed information and guidance and I will be sure to get all the info I can. We have an infopass appointment and I have legal that will be going over these documents with my wife.

First, this is an RFIE (request for initial evidence), this means they did NOT get your initial evidence, not that they're asking for more evidence. This means you forgot to include your most recent return, or it's missing, or they didn't see it, or it wasn't complete.

1. The 2011 return is the "most recent tax year" until April 15, 2013. if you have 2012, submit that as well. Order Tax Return Transcripts from the IRS here: http://www.irs.gov/Individuals/Order-a-Transcript or go in to an IRS office. Make sure it's a "Tax RETURN Transcript", not an account transcript.

2. Did you submit a letter from your employer? It is a requirement per USCIS here: http://www.uscis.gov/i-864

They said the amount you wrote says you meet the guidelines, but you've shown no proof of that income (which implies to me, letter from employer). I googled LES and it means "Leave and Earnings Statement" and you're saying you included the last 5 of those, but that's not proof of all the things you listed. A letter from employer should solve that.

3. How exactly did you write the household count on your I-864? Your wife is not your wife on the form, she's the immigrant. Your household count should only be 2 (unless you have kids). You didn't write her name in 24(b) did you? D and E should have been un-ticked/unmarked, that's what you did right?

All of what you said sounds good, except for the letter of employer. I am curious how I am suppose to get that. i cant write the US government and ask for a letter of employment. I am in the United States Navy and thats what an LES shows. I can submit orders but when I asked to do that previously the people said they did not and they had no problems. So... kinda at a loss for that part, I will check the Affidavit and find out what I put in block 24, that part was confusing as the wording seemed off.

Thanks guys, it is comforting to have such a big support group.

Hm.. well than the 2012 will be the one that they are looking for.

Uh... yeah, sorry i submited the 2012 just recently, and the 2011 was the one that she was not on and that was an IRS Transcript, the 2010 and 2009 were originals. The lady on the phone said that if it was accepted for the K1 it should be accepted for them but she said to send a letter with my resubmitted package stating what happened and why