Adam M

#3 is saying your documents did not prove income. They are offering two options if you don't have the income...assets or joint sponsor. Since you are going to correct the income part, then you don't need those options.

Your joint tax return lumps all income together for two people. It seems that want more specific information on your separate income.

An employer letter and 6 months of pay stubs is a good option. Sometimes you have to connect the dots for them, instead of assuming they could see the joint income shown was the household income and qualified. However the tax transcript you first supplied was a bit old, so the 2012 will help. Have you already ordered it from IRS?

Gotchya. Yeah, I ordered the 2012 transcript tonight. Will report back here to close the loop once I've heard back from them after my RFE response.

this is what item #3 is refering to, but since you have sufficienct income you do not need to show any assets.

Dave, thanks for the feedback. Just to clarify - you think that if I satisfy the 2nd item, the 3rd will be satisfied too?

Did you obtain a letter from your employer, what about your w-2?

No, the only income information we submitted was our IRS transcripts.

Hello all,

I have a pending I-485 for adjustment from H1B to permanent resident. (was already married to USC, employer sponsored move to US)

My wife, the USC and petitioner is a stay-at-home soon-to-be mom and has no income. I have a steady income above the poverty guidelines. We completed the I-864 showing $0 at 24a and household income above the poverty guidelines at 24c. I think this is OK since it says "income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (see step-by-step instructions)" and I believe we meet those certain conditions.

I have received an RFE for 3 items:

1. tax transcript for 2012 (easy, we submitted my application just a few days before we filed our taxes)

2. petitioner/sponsor's household member income ... does not meet or exceed 125% of the poverty guideline. The petitioner/sponsor's household member lists their current income ... as an amount to be considered sufficient; however, no evidence has been submitted as proof of current income. (then lists types of evidence)

3. Based on the documents submitted with form I-864 ... the income did not meet 125% of the poverty line. Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

I think I can probably handle item 2 (sounds like they just want a copy of my pay stubs) but I'm a little confused by item 3.

Has anyone had any similar experiences, and/or can you offer any advice on how I should respond? Any input would be greatly appreciated.

Thanks!

Adam

Just my few cents:

We've had this debate many times... I am the UK citizen/US PR, my wife is a USC. We have been here in the States for several years (since getting married), but ultimately intend to go and live in the UK.

There is certainly something to be said for the convenience of being able to come and go as one pleases, but as far as I can understand there is little to prevent you becoming a permanent resident again in the future if your status expires due to living elsewhere. (Please correct me if I'm wrong on this!!)

The thing which finally swayed me into NOT becoming a citizen was - as others have mentioned - Uncle Sam's chunk of your income for the rest of your life. My wife will, of course, have to do this regardless of her residency, but "married filing separately" seems like a good option for her tax return once we move back. :-)

I love that people have opened-up the debate, and I look forward to reading more opinions!

Hi All,

I've been resident here now for 3.5 years, and due to a long-term health condition I often need to take antibiotics to avoid serious infections. Back in the UK, my GP used to prescribe a bottle of 300+ tabs to keep on-hand (they weren't dangerous ones) and gave me a list of when I should take them.

Well, since things work a bit different over here, I can't convince any doctor to prescribe me more than a single dose. As such, I have to go back time and again, each time paying the co-pay plus the prescription cost.

Does anyone know how I can make an appointment to see a UK doctor next time I'm over? I'm still a British citizen, but I am no longer registered with a GP there.

Any input would be greatly appreciated!

Thanks,

Adam.

Hi Folks,

This is kind of a theoretical question for me now, but I'd still like to know the answer.

We had my removal of conditions packet all ready to go, minus the money order.

2 years minus 90 days rolled around, and we had a medical emergency and had to use the money we had set aside for the filing fees. Thankfully everybody is healthy again, and we've got the money - I will get the packet in on time.

But what if someone just can't afford the filing fee?!

ah, b**locks!

Well, thanks for the info guys! I'll wait for coupon day at McDonalds! LOL!

Hi Folks,

I haven't been on these forums for a while because I'm happy to say that my AOS went very well. I'm just waiting for the 2 years minus 90 days to be up so I can remove conditions.

Anyway, I have a co-worker who is from Indonesia. He moved to the US with his family when he was a teenager, and has been here on various student visas etc for approaching 9-10 years, I believe. He is now here on an H1B visa. His mother is a LPR and his sister is a USC.

He says that:

1. His mother cannot sponsor his AOS

2. If his sister sponsors him it will take 15-20 years (that's not a mistype)

3. It will be much faster for our employer to sponsor him

I say he should have his mother and/or sister sponsor his AOS, and it should take 6-12 months.

We bet lunch on it; does anyone have any input or website links that could help me out?!

Thanks,

Adam.

Hello folks!

I came to the US on 21st June 2006, and worked in the UK up to 20th June 2006.

After getting married and getting the greencard etc, I started a job here in the USA in December 2006.

Questions:

1. Since I've been here more than 6 months, am I right to say that I *have* to file as a resident alien?

2. Should me and the Mrs file jointly or seperately? What are the advantages/disadvantages of both?

3. I believe I have to use form 2555 to report my foreign income. Do I just report for the UK tax year (i.e. from April) or for the whole of 2006? Is it just earnings, or capital gains (i.e. my house sale) too?

4. Are these places like H&R Block etc any use, or am I just as well to file online for free?

Cheers guys!! Happy filing!!

Adz.

xx

... but paid tax at 40% in the UK. To get a tax burden in the US as well with not having worked for 5 months would be financially crippling.

You do know you're entitled to have the tax for the year you leave the UK refunded, right? After you've left the UK, fill out a form, send it to your UK tax office and they send you back a cheque!

JJ,

Just a quick couple of thoughts.

1. As has already been mentioned, make sure they supply you with verification of the debt. If nothing else, this will probably buy you several months (especially considering the original paperwork is somewhere in the UK!)

2. Get yourself over to the Consumer Action Group website. If you have ever been charged a late fee or overlimit fee, you will have good grounds to challenge the amount of the debt (as these charges are unlawful - read about it on the site!) which will delay things even further and probably you'll have to pay less.

Obviously don't put this off forever, as it's going to catch up eventually, but it sounds like your problem is a temporary one and this could buy you the time you need!!

Adz.

xx

OK, so we just got back from our AOS interview.

The guy was very serious and businesslike. Sergent something was his name.

He started by reading 'to the record' as it were, saying the case number, his name, explaining that the interview was being recorded and that (here's the interesting part) we were here voluntarily, and so were free to leave at any time - should we wish to do so, we should just get up and leave, and the desicion will be based upon the information he has established at that time.

Mostly it was fine.

He confirmed a few details on the form. He asked my SSN and I got it wrong, but then I checked my card and read out the correct one. He asked all the usual questions about had I even been arrested, taken illegal drugs, been refused entry etc etc.

He noticed that I had put Sondra's date of birth as 2006 on my I-485 and we had a chuckle about that while he corrected it.

He looked at wedding pictures, and took copies of a joint bank statement and car title in both names, and then asked a few questions about how we met etc.

Then he turned to Sondra and asked about some problems with the I-864. We made two big mistakes:

1. It seems we didn't need a joint sponsor, even though Sondra (USC) doesn't have any income! We asked my father-in-law to be joint sponsor because based on our actual income, we wouldn't make the poverty guidelines (neither of us are working). However, because Sondra met the poverty guidelines for the past 3 years, we didn't need a joint sponsor. He understood and made some notes.

2. We checked the box saying we'd attached 3 years' tax return transcripts and thought that meant you didn't have to fill in the lines above saying what your income was for the last 3 years. Whoops! Again, he understood and corrected it.

I felt really bad because I filled in all the forms and Sondra skimmed over them then signed them, so really she didn't know much about what was on there. But because he asked her directly I didn't want to say anything, but eventually I couldn't hold back and explained for her. He was fine with it. I guess he'd expect us to have filled them out together, anyway.

He was very thorough about explaining the lifiting of conditions process. Although he didn't say we were approved, he made us both sign a statement which begins:

"Pursuant to Section 216 of the Immigration and Nationality Act, you have been granted CONDITIONAL Permanent Residence Status as of 11/28/2006."

So I guess that means we're approved! He said that when I have the green card in my hands, I should destroy the EAD and AP (although I haven't recieved them yet).

We felt exhausted afterwards, but thankfully we only live 5 mins from the office. I feel sorry for all you folks who have to drive for hours after that!

I have a job interview tomorrow (which I think I'll get), but haven't had my EAD touched yet. Can I just use the letter that says I've been granted conditional permanent resident status (signed by both of us and the immigration officer), or should I make an infopass and get my passport stamped?

Thanks to everyone on here... we couldn't have got this far without you help!!

eh-din-buh-ruh

Hi guys,

Just to confirm this, is it pretty easy to bring your spouse back to the UK after living in the USA for a while.

To bring it into context, Sondra and I will probably be here in the USA for at least another 4 or 5 years. We don't have plans beyond that, but it would be nice to know we could go back to the UK for a bit without it being a major hassle. Particularly, when we have kids we'd prefer to raise them there, at least for the early part of their lives. Is that an easy thing to do? And how would it affect my status in the USA (assuming I have unconditional lawful permenant residency by then)?

Well, I got the ultimate re-assurance today - I-485 interview date!

Anyone else think that's kinda fast?! (see my sig for timeline)

Wish I could find finnan haddie here:-).

Good news! You can order them online:

http://www.mackenzieltd.com

Arbroath Smokies are a type of lightly smoked small haddock – a speciality of the town of Arbroath in Angus, Scotland.

Genuine Arbroath Smokies are prepared using traditional methods dating back to the late 1800s. The fish are first salted overnight to preserve them, then left tied in pairs to drooth (dry). Next, the dried fish are hung in a special barrel containing a hardwood fire and covered with a lid. After around an hour of smoking, the fish are golden brown and ready to eat.

The preparation of Smokies remains a cottage industry in Arbroath, centred exclusively on the harbour area, known locally as the fit i'the toon (foot of the town). They are exported worldwide.

The small fishing village of Auchmithie, located a few miles north of Arbroath is the historical home of the smokie. In 1705, the fisherfolk of Auchmithie began to move south into Arbroath. This was due to the efforts of Arbroath Council, to save Arbroath's ailing fishing trade. Arbroath town council encouraged the fishermen and their families to the town by allocating land on which they could build. By the 1920's the majority of the fisherfolk of Auchmithie had moved to Arbroath where they formed the core of the town's fishing industry.

When the fisherfolk of Auchmithie moved to Arbroath they brought the secret of the smokie with them.

In 2004 the European Commission registered the designation "Arbroath Smokies" as a Protected Geographical Indication under the EU's Protected Food Name Scheme, acknowledging its unique status.

I wrote back to her, by the way. All I said was:

The INS no longer exists, and you should instead send your email to the United States Citizenship and Immigration Services (USCIS). I'm sure they will be pleased to see their immigrants making a positive contribution to American society through voluntary projects.

Wow some people.... just ignore her she is most likely all pissed at you coz you would not do the job...

Good luck

Kezzie

p.s where you from in Scotland?? I am from Arbroath..

Thanks for all the kind words folks, feel a bit better now!

I could fair go an Arbroath smokie right now!! I'm originally from Port Seton (East Lothian, near Musselburgh) but lived in Edinburgh most recently.

Hi folks.

OK, so I took on a voluntary project for a lady to help her move some animals cross-country. Long story short, the trailer she wanted me to tow for her was not roadworthy (i.e. illegal) and I decided not to go ahead with it for that and a variety of other reasons.

I sent her an email, to which she replied. She says:

I am forwarding your email to INS so they can see for themselves what type of person wants to stay in this country. We don't need another rude and obnoxious immigrant in this country. Do not attempt to email me again or I will also forward that on to the INS.

This is me just in paranoid mode, but the USCIS aren't going to do anything, are they?! I honestly wasn't rude or abnoxious (I had my wife check it over before I sent it!).

Any support or input on this is appreciated!

Adam.xxx

Hi guys, we're in a similar position to some other posters here, and would like some advice.

I am the alien, and my wife is the USC. She has poor credit (an outstanding debt which she abandoned - we're about to pay it off when we get the info, but it might take some time to clear things up).

Being the alien, I have 0 credit here. I'm interested in getting a secured credit card, or maybe even a Target store card or something (saw that recommended elsewhere). However, I don't have my EAD yet and all the applications ask for income details.

Has anyone sucessfully got a secured credit card or store card without having a job?! If so, who with?! I don't want to start applying to lots of places and getting turned down because 1. it puts my identity in jeapordy and 2. I don't suppose it will help my credit score (although I've never actually seen a negative score!).

All input is appreciated!

OK, folks, just got an update from USCIS by email and I am very confused! Maybe you can help. Here's what it says:

On October 16, 2006, we received your response to our request for evidence or information. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.

A few things:

1. There's no maximum processing time stated in the message!

2. When I go to the processing times site at https://egov.immigration.gov/cris/jsps/ptimes.jsp what should I choose? I'm in Phoenix, but I sent everything to Chicago, but I know a lot of people are getting transferred to California! Any ideas?

3. Will that RFE have affected my EAD or AP?

Thanks in advance folks!

PS thanks for your wishes Pete - I see you had similar problems!

Well I finally got the RFE in the mail.

They said I forgot to include my birth certificate! I know this is wrong, because I copied the whole application just before I put it in the envelope, and it's in there! Still, who am I to argue.

Anyway, I sent off what they wanted.

As a pre-emtive measure, I sent them the NOA2 as well (with a cover letter explaining!).

We'll see what happens!

Please advise me with the correct procedures for adjusting status after the K-1 Visa process?

Read the AOS Guide from this site.

I sleep all day too!! But when I'm not sleeping:

- I tie up all the financial loose ends back home (tax refunds etc)

- I go to the gym (ok, not much but sometimes!!)

- I've just taken up volunteering! So far, the community college as a tutor, the beagle rescue centre and some lady who's starting a cat/dog rescue!

- I watch things off the BBC website to remind me of home (we don't have a TV!!)

Sometimes, I sits and thinks. Sometimes, I just sits!