MyHeartWillGoOn93

I applied for AOS with I-765 on December 16th and I had my biometrics done yesterday. I know it takes up to 90 days but is it 90 days from the date they receive your application or is it 90 days from the date you have your biometrics taken?

I just took my wife for her biometrics in Boston last week. You can bring in cell phones, just turn them off while inside. That's what we did. There wasn't anyone confiscating phones or turning people away because they had one. The folks that work at the Boston office were pretty cool the day we were there.

Good luck.

Oh, cool, thank you! How long did her appointment take?

I've got my biometrics appointment on Thursday in Boston and I'm going there with my husband on the train. The letter says no cell phones or cameras are permitted but I read somewhere that you can have cell phones in the waiting area. Is this true? My husband doesn't want to get lost in Boston without a phone so he doesn't mind waiting outside the building for me but I just want to know if it's okay to bring it in the waiting area? Also, how long does the appointment take? My appointment is at 11 so what time should I arrive at?

I'm currently in the process of adjusting my status from VWP to permanent resident after I married my husband. Right now, I just have an alien number, I don't have a SSN or a green card at this stage and I live in Massachusetts.

Does anybody know if I can take driving lessons as of yet?

He is a CPA (Certified Public Accountant)? I'm guessing not as then you wouldn't be asking these questions but I don't know what you mean by CPA in that case.

I think he meant one that he received from the CPA. He's going to tell his boss that he needs his tax return info from 2013 but is this necessary? Does he just need the 2012 one? Because we are in January now, this is confusing me lol.

Just to update, my husband had given them his CPA which is why, he thinks, they asked for it again!

So do you all suggest that I (or my husband, rather) write another form I-864, include the tax returns, whatever was missing from it, and include his pay stubs or is there anything else I should include?

The above statement coupled with the below statement does not make any sense, if you included all of the tax return details with the I-864 then you should know exactly what he earned in 2013 so why did you just pull a number out of thin air?

If you really did provide all the required tax return details then they are requesting further proof detailing where the rest of the income comes from, if not then the transcripts from the IRS suggested by others will be required to provide evidence but if that is below the required amount then you are going to have to look at alternatives like a letter from his employer, pay slips etc that will show he will earn more than that this year.

No, we included the tax returns from 2012, not 2013.

Hello, Just out of curiousity,

I have also submitted i-864 form and i got biometrics appointment on it after 2 months. So, your biometrics is already done and then you received RFE?

No, you don't have biometrics for form I-864, bust for forms I-485 and I-765. If you look at my signature, I received an appointment for biometrics 2 weeks ago for January 23rd.

You may think you sent a COMPLETE tax return, but it doesn't sound like it. A lot of people don't know what a tax return includes and send their efile, or something their tax preparer gave them. It would include:

Form 1040 or 1040A or 1040EZ

Maybe a Schedule A, B, D...or other Schedules depending on your tax situation

Maybe a Form with another number

A W2 showing wages Or a Form 1099 showing contractor wages.

Best for you to order a tax return transcript from the IRS, then you don't need to worry about having all the right parts to a complete tax return. 2012 is valid if submitted before April 15.

Second part--

If you put $20,000 on the form, then you needed some documentation to prove it. You don't guess that number and write it down. It obviously didn't say exactly $20,000 on the tax return and you sent nothing else to document $20,000 so they are saying prove it. I would do a brand new I-864 with no guessing and get a letter from his employer.

Third part:

Sounds like the 2012 tax return did not meet the threshhold. They had no documentation of him earning more, so had to go with what you provided. So they are saying if you can't come up with proof of enough income, you may send proof a assets like savings accounts. If you fix part 2, then you don't need part 3.

Edit-- this is where you order a FREE tax return transcript http://www.irs.gov/Individuals/Order-a-Transcript

Thank you, We will definitely be including evidence of his income.

About ordering a tax return online, will it give us the one for 2012 or the one for 2013?

Oh okay, thank you. I don't understand why they want the first part again though?

But if his 2013 income is greater than $19,387, why do they care about his income from 2012?

EDIT: He said he will receive the 2013 ITR in April and we have 87 days to send the evidence back to them

I just received an RFE for form I-864 today for 3 reasons according to the letter. I'm really confused and anxious. My questions are in red. Here is what they put:

1) Submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service (IRS) from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent tax year.

We included that when we sent off our application, so I'm confused as to why they are asking for this again. Is it because we sent it off in December 2013 and we included the one from 2012 so now they want the 2013 one?

2) The petitioner/sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

Please submit evidence of the petitioner/sponsor's current income. Such evidence should include:

• Letter of employment containing the following:
• Dates of employment
• Nature of the job
• Wages or salary earned
• Number of hours per week worked
• Prospects for future employment and advancement
• Pay stubs or other documentation of pay for the previous 6 months.
• Evidence of other income. such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities and Social Security Benefits

I understand this part because we didn't include my husband's (the petitioner) proof of his income even though it is over $19,387 (I thought we only had to bring this proof of income to the interview). There are only 2 of us and we live in Massachusetts, not Hawaii or Alaska. We put $20,000 on the form because we couldn't remember exactly, but we know his income is actually a bit more than that. Anyway, why would they say that it doesn't meet or exceed 125% of the poverty guideline? Is it because of his tax returns from 2012? He just got an advance on his salary in 2013 which is over $19,387 but his salary from 2012 was below that. Is it because of that?

3) Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets standards must equal the stated difference between the sponsor's household income and 125% of the federal poverty line.

(And then it goes in to what you need).

Again, I'm confused because we put $20,000 on the form which is over $19,387. Is it because we didn't include proof?

I got another letter today to say that my biometrics appointment has been changed from January 20th to January 23rd. I think it might have been due to the snow as I'm in Massachusetts. Oh well, I hope it doesn't slow it down too much!

I just received the letter yay!!! It's on January 20th!

Thank you. Do you know roughly when I should receive the letter?

I received my NOAs on Christmas Eve. Also, do I get 2 appointments, one for the I-485 and the other for the I-765? Would they be on the same day too or on separate days?

Oh okay, thanks! I hope it doesn't slow down the process if we get one.

My husband, the US citizen, included a copy of his most recent tax return and wrote down the previous 3 years, however for the annual income, he didn't include any evidence, he just wrote down the number which is over the poverty limit. I've seen loads of people on here include evidence of their annual income in their form. I swear in the instructions it said you don't have to include evidence unless you are told to. I'm assuming this means an RFE? Were we supposed to include evidence?

I got an email from them at midnight to say they are processing it yay!

So I should hear from them today...

My I-485 and I-130 arrived at Chicago on Monday according to USPS tracking. When should I expect to hear from them through email/text?

Ahhh, okay. I kind of get it now. I didn't really see the point of them writing it again and confusing us lol.

Heyyy, sorry! Didn't mean to scare you! I didn't think the article meant that VWP overstayers couldn't adjust status because I've seen experienced people on here tell others under the VWP that they can adjust status but I was just worried in case they missed something and I filed a few weeks after my last day on the VWP! I'm still not sure why they have the right to remove someone for overstaying when it is considered okay though. Ugh! These laws ARE hard to follow! Not sure why they decided to write the rule again... If it wasn't clear the first time, it still isn't!

I was worried when I posted that article in case I was going to scare someone but I was really confused.

Ohhh okay, phew! Thanks

But what does it say? I'm confused. My last day on the VWP was on November 18th and Chicago received my AOS application yesterday. Should I be worried?