averroes

USCIS sent us a letter asking for employment verification (I didn't have current income when we sent over the application for AOS, and didn't have enough assets to cover 3 times the difference to the minimum poverty income levels.

I recently found work and started my job, asked my new employer for an employment verification letter where they stated the date of employment, annual salary and job title. No mention of career prospects since I am new here, but they mentioned that I am a salaried employee.

When we sent the application for AOS, I sent my last 3 tax returns (not including 2014, though - since I filed my returns AFTER the AOS application). We sent them the request for evidence letter along with my employment verification letter (signed, stamped and on company letterhead).

Is there anything I am missing? Should we have included something else? Note that I have not received any salary yet therefore couldn't provide any pay stubs. Is that OK? Will they ask us for additional evidence or reject our application?

Would appreciate any feedback/thoughts. Thanks!

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Thanks for all your answers and concerns. Actually, some of your answers helped me gain more perspective on our issues.

Our issues have been mainly financial and I panicked when we received the request for evidence last week, especially because it puts more pressure on me (USCIS requested evidence of current income or that I provide proof of assets that I own to ensure that my partner does not become a public charge - this is part of the adjustment of status application).

So we decided to give things a shot and to work things out. We have distributed tasks between each other better and let's see...we agreed that if the application does NOT go through, then it's a sign maybe that we shouldn't continue. We will see!

Thanks for the answers. I don't have any joint sponsors at the moment, unfortunately...

I am looking for work to be able to produce this document (Although now I am beginning to wonder that maybe they sent this because I haven't filed for my tax returns from last year, I plan on doing this this weekend). I do have assets, however, we are a bit short on the amount needed.

I believe we will need 3 times the difference between the poverty income levels for a household of two. So that's 3 X 19,212 (for now). I am around $10k short of that amount, but trying to find ways to make up for the difference (freelance work, side gigs, etc.) for now.

We are both young (we are 28 and 30) and have 80 days to respond to USCIS. We are both young professionals, but finding work takes time of course. My partner cannot work officially because he doesn't have the work permit yet! Do you think that they will factor in other variables such as our resumes, work history, income last year?

Or will they just give us a rejection if we don't line up a joint sponsor and work in the meantime.

How do I do that? how do I file for divorce (and should I do that while he is still here?)

My partner and I discussed and agreed to mutually break up today. We've been asked for initial evidence and I ended things today. We need to get back to them with proof of income and/or use assets to prove I can support him. No family to qualify as joint sponsor. I am currently jobless. Have been supporting him in Dubai for the past year and paid off his debts (I am the petitioner) and quit a high paying in Dubai.

I've reached my wits end. I am contemplating not following through on the application as I am scared of him staying here. I don't want to be responsible as he is not a reliable person really. What can I do to protect myself please?

OK, that's not so bad!! Yeah, absolutely, been doing lots and lots of interviews (met with like 6-7 companies) and progressed to 3 2nd interviews so far, but I will apply to even more things now and will also lower my standards. This is crunch time!!!

I really appreciate your replies!!

No I included the 'temporary' job that I had here. Only problem is that they never paid me anything. Which means I need to find work, yes. But I am not sure about how do the USCIS calculate current income? Is it income that I've actually received or is it pro-rated on future estimate (based on the contract that I would be signing hopefully once I find permanent work)...

Oh, and I just realized that I sent them my tax returns for 2013 as I haven't sent in my taxes for 2014 yet (been busy with the job hunt).

God, I feel like I have so much on my plate right now .

I mean do we contact Oprah and ask her for help?! hehe!

Here's the actual text sent from USCIS:

- The petitioner/sponsor's income on the Federal income tax return does not meet or exceed 125% (100% if military) 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.

And then they ask me to submit proof of employment (letter of employment, pay stubs, investments, etc.)

(Note: I have listed the recruiting agency as my employer, instead of my employer in Dubai who actually paid me my salary before. The recruiting agency and I signed a legal contract stating my employment, as they usually find temporary work until something more permanent pops up).

- Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the poverty guideline for the petitioner/sponsor's household size.

And then they ask me to submit assets that meet their standards.

Afterwards they mention I could seek a joint sponsor.

Which of the options I shared earlier make more sense?

I think my partner and I are in a bit of a pickle (which has been happening a lot since we started this entire process, sadly). To give a bit background; we've been living in Dubai and moved together here recently. I am the US Citizen here. I don't have work yet, but have progressed in several job interviews, so fingers crossed. My assets reach around $47,000 - just $10K shy of meeting the requirement os sponsoring through assets (three times the difference for a spouse and the %125 above minimum poverty guideline set by USCIS in 2015. I'm trying to explore options here.

My issue is that I've been working outside of the US last year, I filled out my work history in the US and they sent me this request asking for proof on the current income I've listed in the form. I've filed all of my taxes last year (just before we started the entire K-1 process), and my previous income levels have been well over sufficient, but they were not in the US.

Here are the options I've entertained so far, and would love your input and suggestions:

• Find a Joint Sponsor: Sadly, my parents do not accept us (we are gay, they are religious; long story) and therefore I cannot even mention the idea to them. My brothers cannot either sponsor me nor can they write me an employment letter (they have their own company). I have some friends living in different parts of the US but I don't think that I can (or want to) ask them for such a legal liability placed on them.

• Find current income: Hope to find work before the response limit (We have 87 days to respond to them) and get them to write the employment letter as the USCIS instructed. Which also worries me because will they really agree to writing this employment letter, especially if they have only hired me for two months?

• Use assets in line of current income: Hope that we get an additional $10,000 from somewhere in the next two months (say employment, and then I wouldn't even need to bother them with asking of such a letter). Or seeking out a loan (even though I don't have a solid credit score or credit line so far) to cover the amount. Or finding a friend or family member that can loan us the amount and we return it back into their accounts immediately. Which I know sounds shady, but it's not like it's a "lie". I will find work but it's only a matter of time, and he can work if we just get that work authorization paper. We are both young professionals.

Really need your input and experience and insights here. I really appreciate any help.

Best

Yep I tried reaching them yesterday and the first representative wasn't super helpful. Will try again today...thanks!

Hello,,,

Our Embassy Interview will be held in less than two weeks. By chance, I tracked our USCIS petition status, and realized that the status of the application has been updated to:

On August 21, 2014, the post office returned your document I129F, PETITION FOR FIANCE(E) as undeliverable. If you do not contact us at 1-800-375-5283 within 180 days from August 21, 2014, this document will be destroyed and you will need to file a new application with fee.

I did a quick search on VJ and other websites and realized that the paper NOA2 might be needed for AOS, but isn't actually required since actually having the K1 visa on hand (fingers crossed!!!) is sufficient proof that a I129F application was filed and approved.

However, I am afraid that the USCIS will destroy our file in their systems. I will call them tonight to work on this.

I must say that we have changed addresses, but I checked the status of our application online and as naive it may sound, did not realize that having the hard copy of the NOA2 would be important...but then again...is it really?

Thanks!

Best of luck! Keep us posted with how it goes!

Awesome congrats! Keep us posted!

Thank you so much sma! I can't find cases similar to ours at Abu Dhabi Embassy but they seem fair? I hope!!

Thanks!!

Thanks sweetsinks! I have read the embassy reviews and they seem pretty straight forward most of the time...I have yet to see a case similar to ours but I was thinking that we requested Abu Dhabi embassy even though my partner is Spanish, and NVC approved Abu Dhabi as the location for interview without requesting any proof or evidence of a residency (although that was easily available at the time). So perhaps it won't be a problem to interview here?

My point is that I want to avoid a transfer (it will take more time) and also avoid losing the visa...

Thanks!!

Hello all,

My partner and I currently reside in the UAE. When I petitioned and filed for the I-129F initially, we both had jobs in Dubai and were legal residents. A few months down the line (and after our application was accepted and transferred) my partner had lost his job here, meaning that legally, he is no longer a resident. We are trying to secure him a new role at a new company however.

I was wondering if this would be an issue with the interviewing officer at the Embassy in Abu Dhabi. Must he interview from his home country? It would be a hassle now to move the application from Abu Dhabi to Madrid and since we have 3 months to the interview date, I'm really optimistic that he can find work.

Please advise and share your personal experiences on this. Anything would be very much appreciated!

Thank you all for the responses. Really appreciate you taking the time to explain all these details.

I just don't want any surprises or to give the Embassy any reason to reject our visa. I believe I can build an argument through a covering letter that elaborates on the details of our plan.

May I ask from your knowledge and experience, which embassies are particularly more picky about this issue?

Yes, I am a general 'worrying' type, let's hope I am stressing over nothing!

Hello,,

We are preparing for my partner's interview at the American Embassy in Abu Dhabi. We have applied for the K-1 Visa - I am the petitioner.

Currently, we're both still living in Dubai, UAE. I'm happy to say that my salary is very good (just below $7,000 monthly) and my work experience is well-seasoned. We are both young (28 and 30) and both have very good professional prospects.

I am also filing for all of my taxes in the US (and luckily I can file for foreign income exclusion as I make below the annual limit of $97,200). I've done job interviews in the US and feel that I can locate a job within 3 months upon arrival. My partner will find it easier to find work after he receives employment authorization - he already received numerous offers.

Finally, my savings until the interview date will be 20% short of five times the annual poverty guideline for the state of California in 2014 (which I researched is the amount of assets that one needs to keep to prove financial support). By the time we leave the UAE (we were planning two months after hopefully getting the visa - as I need to give a long notice for my employer), we will have more savings than that guideline.

Given that I don't have any income in the US at the moment, should this be a show-stopper? Will the consulate in the UAE deny my partner's visa? What documentation can I provide to overcome this challenge.

My plan was to write a cover letter that discusses my financial plan (clearly I'm the planner in this relationship), along with both of our resumes to illustrate that we are employable, and finally to attach a few of the job offers that my partner received. I was also thinking of trying to get a job offer myself in an attempt to show our employability. Is there anything else I can do?

I was assured by my friends who have had previous experience with this that all will be fine, but reading the stories here on VJ makes me a bit anxious.

I would appreciate any thoughts or relevant personal experience!

Thanks,

Awesome! Thanks! I'll probably post again as soon as I get an update! Thanks so much, I really appreciate it!

Thanks so much for the help! Guess I just have to wait it out...I hope we get to hear from them before Eid!

Are they ever responsive if I follow up with them over the phone or via email?

Best of luck!

Usem abu dhabi will send an email to the petitioner for the requirements and the list of all the accredited clinic for medical.they are not sending it by mail..goodluck

Thanks so much! So the petitioner is supposed to receive an email with the requirements and instructions of documents to complete and bring to the interview?

And will they notify us about the interview date via email as well? that will be sent to me (the petitioner) or my partner?

I checked with NVC last week and apparently they sent the application the embassy around the 10th-11th I believe. But still we didn't receive anything from the embassy!

Thanks for all the help and good luck on your journey!

Just a quick question: Do you normally receive an email before or as you receive package 3 from the Embassy?

We might be moving homes and still would have access to the old mailbox (I figured if I change the address then it might be an additional hassle and further prolong the response time from the Embassy in Abu Dhabi - which is apparently already slow). So I kept the address as is. If I receive an email it will make our lives easier as at least we can know when to expect to receive the package in the mail...

Thanks!