primus_dinners

Hey everyone,

USCIS received my response for a request for evidence on January 20, and said that "You should receive a decision or case update by March 21 2015".

The date today is March 24, 2015. Should I be concerned? Should I submit a case inquiry or just wait for a little longer to see what happens?

Thanks in advance!

They would give you another RFE, and request a co sponsor.

Could you help me understand why?

If we have shown that the petitioner/sponsor owns a property with a value in excess of 3 times 125% of the poverty guidelines, then on what grounds would they require a co-sponsor?

I see, that makes sense.

To send back to USCIS we've assembled the following:

• The petitioner/sponsor's late father's will, that shows ownership of his house being transferred to her name, alongside the value of the house in order to cover any difference between the petitioner/sponsor's income and 125% of the poverty guidelines
  
• Several of the petitioner/sponsor's recent pay stubs
  
• A notice of non-filing from the IRS to prove the absence of a 2014 tax return
  
• Another copy of the explanation letter for absence of tax returns included in the original submission
  
• Another copy of the letter included in the original submission from the petitioner/sponsor's employer stating the details of her position, including start date and annual salary
  

Does this seem sufficient?

Furthermore, if this is not enough for USCIS will they simply deny the application or will they once again request more evidence?

Thanks again for helping us out!

My apologies for not being clearer when first posting. We submitted on November 30 and the case was received on December 1st.

The situation is that the petitioner/sponsor did not file a tax return last year due to not working as a result of illness. In September 2014 she started a new job with an annual salary of $28,000 and has not yet filed a tax return.

Alongside the statement from her employer, we provided evidence of her illness for the period prior to this, as a way to show that there was no obligation to file a tax return before she began her new job in September.

Since starting her job in September no tax return has been filed.

I'd like to know the answer to this as well, if anyone can help.

Hi everyone! :-)

I just received an RFE (my first one) form my I-485. The RFE makes two requests for evidence already providing with my initial filing.

The first request is for the petitioner/sponsor's tax documentation for the most recent year. In our case there was no tax documentation for this period as the petitioner/sponsor was not working due to illness. Evidence of illness was provided with the initial filing, alongside a written explanation.

The second request states that the I-864 petitioner/sponsor did not meet 125% of the poverty guidelines. This is untrue and a statement of employment was provided with the initial filing demonstrating that the petitioner/sponsor's income exceeded the guidelines. For a household of 2 the guidelines mandate that an income of $19,662 must be met. The petitioner/sponsor's income is $28,000.

How do you suggest that we respond to this RFE? Is it futile to simply resend the same evidence that was provided at the time of initial filing?

I have attached a picture of the RFE to this post.

We're concerned, as we don't know how to address this and would appreciate any help from the community :-)

Thank you everybody!

Hi! All looks well, but I would include some more items such as lease or house deed in both your names, life insurance beneficiaries, retirement beneficiaries, utility bills in both your names, etc.

Thanks!

Unfortunately we don't have any joint investments or payments etc as we've both lived with each other's families on and off for the length of our relationship. And until recently we've both been either broke students or broke travelers.

Maxx, would you please post a URL here that shows the USCIS position on copies as you have stated? Thanks, Leo

Hey Leo7777, I tried to cut and paste the excerpt from the I-130 instructions for you, but it seems the document format won't even allow that. But here's the link, and the section appears on page 7:

http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

In addition to boarding passes, they accept immigration stamps in passports for international travel (which I see you included, so that will go nicely with your itineraries). You might want to spell that out for them in the cover letter, in case your officer skips over it.

Good idea, I'll include that too. Thanks!

Leo7777, I think you're right on that one. It's probably better to just get down to business :-)

Thanks Maxxnys! For sure boarding passes would be better, but they've either all been thrown out by now or are hiding in a draw somewhere back home in Australia, inaccessible from here in the US. I'm hoping that they will see the corresponding entry stamps in our passports/i94 record.

We held back on getting our copies certified because of the cost, and we do have the originals should they request to see them.

Congrats on your delivered AOS, I bet just having sent it is a huge weight off your shoulders!

Aaah I put this in the wrong forum by mistake. Mods, could you please move this thread into the correct forum? AOS from tourist visa.

Hi everyone!

I'm extremely grateful for these forums and everyone's wonderful community spirit. I hope that once I begin my own visa journey I will be in a position to help out with advice of my own.

We've just put together our application and intend to send it early next week. We are concurrently filing AOS I-130, I-485, I-131 and I-765, and would be grateful for any suggestions the VJ community may have for our cover letter, below. Also, how do you feel about our evidence of a bona-fide relationship? We're both young (been together 8 years) so have no investments or real financial obligations thus far.

PS - some of the formatting turned out weird when I pasted into the forum.

Thanks everyone!

---------------------

Dear Sir/ Madam:

Please kindly find enclosed concurrent filing of forms:

Concurrent Filing of I-130 (Petition for Alien Relative) for my husband, I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), I-131 (Application for Travel Document) and supporting documents.

Petitioner (U.S. Citizen): Zoe

Beneficiary (Alien Spouse/Intending Immigrant): Zac

Contents include:

Package for I-130 (Petition for Alien Relative)

1. Cover Letter
2. $420 Money Order made payable to U.S Department of Homeland Security

3. Form G1145 E-Notification of application/petition acceptance

4. I-130 Petition For Alien Relative

• US Citizen’s birth certificate

• US Citizen’s passport (including biographical and stamp pages)
• Intending immigrant’s birth certificate

• Intending immigrant’s passport (including biographical and stamp pages)

• Copy of marriage certificate

• G325A signed and dated by US Citizen

• G325A signed and dated by intending immigrant

• TWO Passport Photo of US Citizen with full name on back and name on plastic bag

• Two passport-type pictures of intending immigrant (placed in a small plastic bag, labeled with full name of intending immigrant & alien #)

5. Evidence of Bona fide Marriage

• Information about US Citizen’s Australian De Facto Spouse Visa issued on basis of relationship with intending immigrant
• Dated receipt from Australian Department of Immigration showing details of US Citizen’s De Facto Spouse Visa application
• Notification of approval from Australian Department of Immigration for US Citizen’s Australian De Facto Spouse Visa issued on basis of relationship with intending immigrant
• US Citizen’s Certificate of Evidence of Resident Status issued by Australian Department of Immigration
• Email from US Citizen to intending immigrant discussing 2008 Australian De Facto Spouse Visa application
• Email from intending immigrant to US Citizen discussing 2008 their future together
• Statutory Declaration written in 2008 by intending immigrant’s mother, in support of US Citizen’s 2008 application for Australian De Facto Spouse Visa
• Intending Immigrant’s 2014 Australian Health Care Card, showing US Citizen as spouse
• Selection of annotated photographs (58 in total) documenting the relationship
• Notes exchanged between US Citizen and Intending immigrant, including:
  - Valentines Day card
  - 2 romantic letters
  - Explanation of “The Daily Face - 2012” tradition
  - 5 emails sent from US Citizen to Intending Immigrant
• Evidence of shared US address, including:
  - 2009 Teleflora receipt
  - 2009 Griffith University shipping notice
  - 2008 Wells Fargo bank statement
  - 2009 Amazon shipping confirmation
• Evidence of travel together and to each other, including:
  - 2007 Itinerary showing Intending Immigrant’s travel from Los Angeles to Brisbane
  - 2009 Itinerary showing Intending Immigrant’s travel from Brisbane to Los Angeles
  - 2009 Itinerary showing Intending Immigrant’s travel to Prague
  - 2010 Itinerary showing US Citizen’s travel from Los Angeles to Brisbane
  - 2010 Itinerary showing US Citizen’s travel from Brisbane to Los Angeles
  - 2012 Itinerary showing US Citizen’s travel from Los Angeles to Brisbane
  - 2011 Itinerary showing joint ticketing for travel from Los Angeles to San Francisco
  - 2011 Itinerary showing joint ticketing for travel from Brisbane to Bangkok
• Evidence of financial co-mingling, including:
  - Explanation of financial co-mingling
  - Bank statement showing US Citizen transferring money to Intending Immigrant
  - Proof of joint bank account

Package for I-485 (Application To Register Permanent Residence Or Adjust Status)

1. Cover Letter
2. $1070 (including $85 biometrics fee) Money Order made payable to U.S Department of Homeland Security

4. I-485 Application To Register Permanent Residence Or Adjust Status

• Copy of passport page with biographical information
• Copy of passport page with non-immigrant B2 visa and entry stamp
• Full copy of passport

• Copy of valid electronic I-94

• Copy of Birth Certificate
• Copy of marriage certificate

• G325A signed and dated

• Two passport-type pictures of intending immigrant (placed in a small plastic bag, labeled with full name of intending immigrant)

• I-693 Medical Examination of Aliens Seeking Adjustment of Status (Completed by a Civil Surgeon sealed in an envelope)

5. I-864 Affidavit Of Support

• Written explanation regarding absence of tax returns
  - Supporting medical document showing diagnosis
  - Supporting correspondence from medical clinic
• Letter confirming employment of US Citizen, signed and dated by employer

6. I-765 Application For Employment Document

• Copy of passport’s biographical page

• Copy of passport page with non-immigrant F1 visa

• Copy of Form I-94 form (front & back)

• Two (2) Passport-type photos

7. I-131 Application For Travel Document

• Explanation for Eligibility on a separate sheet dated & signed

• Copy of passport’s biographical page

• Copy of passport page with non-immigrant F1 visa

• Copy of Form I-94 form (front & back)

• Two (2) Passport-type photos

Signature

Date