
JOL
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Addendum: While we are including verifiable documentation of my assets (i.e. Sponsors,) we do NOT plan to document the assets of my mother (i.e. Household member,) because her income combined with mine exceeds 125% of federal poverty level for a household of 4 (i.e. Sponsor, Household Member, Beneficiary and dependent minor child of Sponsor and Beneficiary.) My mother does, however, intend to include an explanatory note in Part 9 of Form I-864A, stating she does possess such assets and can provide documentary evidence of them if necessary. My question is: Since we are dealing with the law, will the mere MENTION of her assets prompt the NVC to send an RFE requiring that evidence (i.e. should we either include all documentation of Household Members assets or not mention them at all, rather than referencing them without providing evidence of them)?
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To spare everyone bandwidth and boredom, those interested can find our background info in my VJ thread requesting I-130 feedback. I reiterate thanks to all who promptly helpfully replied there, with apologies for my own delayed response as we tried to figure out the rest of the process.
The I-130 was eventually approved, my wife has filed and the NVC verified her DS-261 agent form, I have paid the Affidavit of Support and Immigrant Visa application fees, and she has filed her DS-260 form: I believe it finally time to submit our documentary evidence to the NVC, so hereby request those who have preceded us on that path to verify whether I have all the correct documents in the correct form, and, if not, tell me what we lack
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Note: I did not work steadily in Norway, so was only required to file a US tax return one year (i.e. 2013. ) I returned to the US in December 2015, but my 2016 income was (and 2017 income will be) <125% of the federal poverty level for our household size, so my mother is filing an I-864A as a household member because I have lived with her since my return to the US, and my wife and daughter would be living with us upon and after their admission. This figures prominently in several of our questions, but first, this is our documentary evidence:
Beneficiarys Documentary Evidence
1) Photocopy of Beneficairys passport photo page
2) Photcopy of Beneficiarys extract of the register of births (printed in both Norwegian and English)
3) Photocopy of Beneficiary and Petitioners marriage certificate (also printed in both languages)
3a) The marriage certificates first page records Beneficiarys name change, but only in Norwegian
4) Beneficiarys police reportProof of Sponsor/Household Members Domicile
5) Photocopy of sponsors voter registration card
6) Photocopy of sponsors US drivers license
7) Sponsors 2016 Forms W-2 from all employers
8) Photocopy of Sponsors 2013 and 2016 IRS tax transcripts
9) Photocopy of Sponsors 2016 IRS tax return
10) Photocopies of Sponsors official life insurance correspondence
11) Photocopy of Household Members voter registration card
12) Photocopy of Household Members US drivers license
13) Photocopies of Household Members annual pension statements 2014-2016Proof of Sponsor/Household Members US Citizenship
14) Photcopy of Sponsors US state birth certificate
15) Photocopy of Household Members US state birth certificate
Proof of Sponsors Relationship with Household Member
16) Photocopy of Sponsors US state birth certificate (citing Household Member as "mother")
17) Photocopy of Household Members Final Decree of Divorce (citing Sponsor as Household Members "adult child")
18) Photocopy of Household Members Retirement Beneficiary Designation (citing Sponsor as "son" and "beneficiary")19) Photocopy of Sponsors US drivers license (recording residential address)
20) Photocopy of Household Members US drivers license (recording the same residential address)
Proof of Sponsor/Household Members Income
21) Photocopy of Sponsors 2016 IRS tax return
22) Photocopies of Sponsors 2017 weekly pay stubs (18 in total, from February through present)
23) Photocopy of signed letter from Sponsors current employer, stating Sponsors current position, date employment began, and current wage, on company letterhead with contact data
24) Photocopy of Household Members IRS tax return and Form SSA-1099 Social Security Benefit Statements 2014-2016
25) Photocopy of Household Members pension statements 2014-2016Proof of Assets
26) Photocopy of Sponsors first life insurance policys surrender value
27) Photocopy of Sponsors second life insurance policys surrender value
28) Photocopy of deed to property showing no liens
29) Photocopy of Sponsors school district property tax statement
30) Photocopy of Sponsors county property tax statement
31) Photocopy of Sponsors savings account statementOther Supporting Documents
32) Photocopies of family photos, showing Sponsor and Beneficiary together, with their biological daughter and with each others biological families 2009-2016.
33) Photocopies of partial phone call/chat history 2015-present
34) Photocopies of Skype call/chat history 2015-present
35) Emailed confirmation of flight numbers, dates, times and costs for Sponsors travel to Beneficiary 2009-2010, Beneficiarys travel to Sponsor 2009-2010, Sponsors travel with biological child of Sponsor and Beneficiary to register Birth of a US Citizen Abroad in 2014, and Beneficiary and biological childs travel to visit Sponsor and Household Member at intended residence for Christmas and biological childs birthday December 2016Follow up Questions
7a) Should we include a set of Sponsors 2016 Forms W-2 here AND duplicate Forms W-2 with the copy of Sponsors 2016 Form 1040 IRS tax return, or is one set of W-2s sufficient?
7b) If only one set of W-2s is necessary, should it be attached to, precede or succeed the copy of Form 1040?
9a) Should the copy of Sponsors 2016 Form 1040 IRS tax return include a copy of the Form 8965 Health Coverage Exemption submitted to the IRS with it, or is Form 1040 sufficient?The NVCs welcome letter included an invoice for the Affidavit of Support payment as well as a cover letter/checklist, but the Consular Electronic Applications Center generated a different Affidavit of Support invoice (with a different number) and cover sheet when I made the Affidavit of Support payment, and third invoice (numbered consecutively after the second) and cover sheet when I made the Immigrant Visa application payment, so: Which cover sheet(s) should be included in the NVC submission packet, and in which order?
My instinct is to use the original checklist/cover sheet for the whole packet, the Immigrant Visa application cover sheet and invoice for the first section (i.e. containing the Beneficiarys documentary evidence) then the second Affidavit of Support cover sheet and invoice for the second section (i.e. containing the Sponsor and Household Members documentary evidence.)
I recall reading (albeit not within the last couple months) VJ posts by people stating the USCIS does not forward ANY part of I-130 submissions to the NVC, but just yesterday read other VJ posts stating that ALL I-130 documents become a permanent part of Beneficiarys file, are forwarded to the NVC by the USCIS, and that the consular officer conducting any interview will have a copy of the entire I-130 submission in front of them at time of interview: Which (if either) is it?This is especially significant because many and varied forms of evidence documenting the ongoing marital relationship between my wife and I (e.g. certified translations of Norwegian leases with both our signatures, a photocopy of our biological childs Consular Report of Birth Abroad of a US Citizen, affidavits by my US-citizen best man and her Norwegian-citizen bridesmaid) were previously included in our I-130 submission to the USCIS (as itemized in the above linked thread.) I intended to include much of that in the "Other documents" listed last on the cover sheet/checklist provided with the NVCs welcome letter. However, our NVC submission will already be large, and include several verifiable concrete proofs of my significant, longstanding and ongoing relationship with my wife, including extended co-residence until my return to the US to being this process in December 2015, so if the USCIS sent the NVC all such proofs submitted with the I-130 re-submitting them to the NVC ourselves would be redundant (and expensive to mail as well as time consuming to review.)
Finally (at least for now,) the I-864 and I-864A themselves: The instructions proudly note their 2D barcode "feature," but, having been down this road with the I-130, I recall it is a Catch 22: The instructions say to not leave ANY field blank, but the pdf does not allow all fields to be filled (in particular, non-applicable fields—PRECISELY those where a response of "N/A" or the equivalent is critical—do not allow ANY response after checking a "no" box for the questions prompting them,) and the pdf cannot update the bar code to reflect any written responses filled in later, so: What, exactly, do they want people to do there...?
I am sure I (we) will think of many more questions, but since it is already nearly July, I understand the NVC scanning our submission will be followed by (at least) another 3-5 months (presuming, heaven forbid, we get no RFEs to re-start the whole process from the beginning) before my wifes interview, then a few more weeks for her to get the visa so we can book a flight for her and my daughter, and said daughter turns 4 two days after Christmas, I really hope we can get this thing in the mail within the next few days (and even I can overnight express mail it by private courier, Tuesday is 4 July, so no one will be at the NVC to receive it, much less begin processing, then or Sunday.)
Thanks in Advance for everyones feedback.
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I am in a similar situation, so have a similar question, except my wife is beneficiary and my mother the person receiving SS retirement plus an additional pension. We want to include my mother as a household member because 1) my income alone is <125% of federal poverty level for a household of our size, and 2) being present to assist her now that she is in her seventies is a big reason I moved back and am now trying to bring my wife and child to join us. The Social Security Administration annually mails a statement of my mothers monthly SS retirement income for that year, so she plans to include that statement in our NVC submission because her tax return does not include that as Adjusted Gross Income (since it is not taxable.) I presume your wife also receives such an annual statement, and certainly HOPE it satisfies the NVCs standard of documentary income evidence, but really cannot know for certain. I wish I did, so anyone and everyone who DOES know from firsthand experience is now doubly encouraged and welcome to share.
My sympathies on the process: Getting my Norwegian visa was much easier, faster and CHEAPER than getting my wifes US visa, even though I did not speak a word of Norwegian but she has unaccented fluency in English. We made it this far though, so hopefully that light at the end of the tunnel is not an oncoming train.... -
Update
Ya'll were right the I-129F was a waste of time: I received a kind of "Notice of Inaction" on 24 April (dated 25 April, so evidently USCIS conducts I-129F correspondence via wormhole) stating my I-130 petition had been approved and my I-129F petition therefore terminated; NoA2 confirming approval of my I-130 arrived 28 April. What the USCIS forwarded to the NVC arrived there 3 May. The NVC welcome packet dated 16 May arrived here 19 May, containing:
1) Welcome letter, with Case and Invoice ID Numbers,
2) Document Cover Sheet, with Checklist for documents we must submit in our NVC packet,
3) Affidavit of Support Fee Invoice and
4) Contact information for the NVC
My wife filled out the online DS-261 Choice of Agent form 23 May, and I submitted payment for the Affidavit of Support that same day. Due to overtime at work, 26 May was my first chance to call the NVC for confirmation, at which time their customer service representative "completed" our DS-261 submission over the phone but said their system would not reflect that for about a week, and that my Affidavit of Support fee would also enter their system approximately a week from the date I submitted it. Since today is Memorial Day, I hope the NVC will record our Affidavit of Support fee either today or tomorrow, and our DS-261 within a few days of that.One thing calling the NVC did confirm is that its customer service operators are no more forthcoming than those at the USCIS. I appreciate that customer service representatives do not have a case workers knowledge nor experience, and that the NVC understandably will not tell petitioners nor beneficiaries what to ANSWER to their inquiries, but it is difficult to provide any answer when they also refuse to clarify what they are ASKING. I do not expect them to "give us the answers," but expecting they give us the QUESTIONS is reasonable. Yet that is also irrelevant, because they are not going to do it, so I'll list OUR questions here in the hope VisaJourney members both more ability and desire to answer them:
1) The DS-260 states (on page 4 of the sample my wife is referencing) that we must "send all the required civil documents, photographs and embassy specific documents to the NVC" Are passport photos of Petitioner and/or Beneficiary "required"?2) The Document Cover Sheet lists "valid, unexpired passport" under the documents (presumably) required for my wife; is the biometric page sufficient, or do they want every single page? And does this satisfy the concern in the above question 1)?
3) Will the DS-260 (unlike the I-130) accept "Not Applicable" in each field; if not, how can we designate questions inapplicable?
4) The family information section (page 26 in the sample) asks whether Beneficiary has a child, and whether that child is immigrating with them: Is our biological child considered an immigrant because she does not yet reside in the US, or a non-immigrant because she is a US citizen by birth (we have her Consular Report of Birth Abroad of a Citizen of the USA, birth certificate, US passport and Social Security Card)?
5) The section on "Previous US Travel" (page 28 in the sample) asks "have you ever been issued a visa," which my wife has not, because all her previous US visits were made under the Visa Waiver Program and she was never present in the US more than a single month, so no visa was ever issued; presumably, that means the answer to "have you ever been issued a visa" is "no," but is that presumption correct?
6) What is required to qualify as a "household member" rather than "joint sponsor" for purposes of form I-484(a)?
The two primary reasons we are moving to the US are that 1) I did not speak Norwegian well enough to get regular work in Norway and 2) we want to be nearby to help my mother now that she has entered her seventies. I had no income taxable in the US while I lived with my wife in Norway from from the end of 2010 through December 2015. 2013 was the only year my income exceeded the mandatory IRS filing limit (even then it was well below the ~$91,000 Foreign Earned Income Exclusion limit, so I filed an IRS return solely to document that fact.) Consequently, I have a US tax return only for 2016, and, since my income listed there was not >125% of federal poverty level, we plan to include my mother as a household member because I currently reside with her, and my wife and daughter will also reside with her (and me) when they arrive in the US.
As follow up to the above question 6), nearly all my mothers 2016 income was from Social Security retirement and her state retiree pension, only the second of which is included in her 2016 Adjusted Gross Income (because Social Security retirement is not taxable) and neither of which generated W-2s we can include with Affidavit of Support submissions. In lieu of such documentation, what is the best way to substantiate her income?
We will surely think of more questions once the DS-261 unlocks so we can complete it, but that is enough to begin,For the record: Approximately 7 months from the day I express mailed our I-130 Petition (9 September, 2016) to the day we received our welcome packet from the NVC (19 May, 2017.) Also, though I have not said so previously, I (and my wife) did read and appreciate each response in this thread, and the site generally (we have done a lot of lurking, mainly because we had little more to contribute now except impatience, but recognized we had far more to learn from those who went before us.)
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Background: I am a native US citizen who met my Norwegian-citizen wife in a fiction websites chat room in August 2008. We soon moved to email, then cell phones, then Skype, and in October 2008, I left the US to meet my wife (and her immediate family) in person during a weeks visit in Norway. Thereafter, we maintained regular (i.e. usually daily) email and Skype contact.
Our 2009 vacations overlapped so, in June 2009, I again traveled to Norway to visit her and her family, after which we flew to Washington state (simultaneously but separately, because I booked flights on ~4 hours sleep.) We spent about a week visiting online friends in Washington and Canada before I drove us to Oregon to visit a friend from high school. We then we flew together to California to visit another friend from high school (and eventual best man at our wedding.) Finally, we flew together to Texas and my wife first met my mom and my moms side of my family (i.e. uncle and two cousins) plus another of my high school friends, during her visit of one week. I proposed and she accepted marriage at this time.
We continued to maintain our relationship via the internet after my wife returned home, and in December 2009 she again visited Texas to spend Christmas with me and my family. During this visit we also drove to the Norwegian consulate in Houston and filed for MY fiance visa so I could immigrate to Norway, receiving approval that summer. In November 2010, I left the US, moved in with my wife and married her in Norway in March 2011. We subsequently lived together in Norway until my return to the US in December 2015, in the interim sharing five different addresses (each duly recorded in government records,) filing for my residence visa once married, and renewing said residence visa twice more before my return to the US. During those five years I was regrettably unable to find more than a few months work, so never earned enough to owe any US income tax, and thus have NO US federal income tax returns for the last 3 years (I believe I last filed US taxes the year of our marriage, because I couldn't transfer my 401(k) to a foreign employer, so had to cash it out on leaving the US.)
In December 2013, our daughter was born (she thus had no idea what was happening on her first birthday OR Christmas, and I left the US a couple weeks before her second birthday and Christmas, so I missed her "real" first birthday and Christmas entirely.
) Since she is a US citizen by birth (through me,) I later flew with her to the US consulate in Oslo to register her birth and obtain her Consular Report of Birth Abroad, US passport and US Social Security Card. SHE could legally move to the US any time we like, but my wife needs a visa.
So I moved back last December, but we thought I'd need a long term earning history to satisfy the AoS, so didn't immediately pursue her visa (a delay I now regret deeply.) After briefly working for the US Postal Service in May and June, I returned to the company I previously worked for until leaving the US, where I have been (re-)employed since July. Accordingly, I finally assembled, prepared and mailed our I-130 petition, though still delayed by the volume of and need to acquire documentary evidence (e.g. my wifes original G-325A, and certified translations of all official Norwegian documents pertaining to our joint household history.) But, at long last, I FedEx overnighted the I-130 packet to the USCIS Phoenix office on 8 September, 2016, USCIS received it on 9 September, email and text confirmation of receipt arrived on 15 September ("within 24 hrs"?!) and on 19 September I got NOA1 (with Notice Date 14 September.)
I mistakenly thought I had everything ready to send the I-129F the moment I got NOA1, but reviewing the packet revealed otherwise; I was unable to FedEx overnight that packet to the USCIS Lewisville office until 27 September, USCIS received it 28 September, email and text confirmation of receipt arrived on 4 October, and that I-797 remains as yet unreceived (based on the I-130s progression, I hope to have it by the end of the weekend.)
After all that, my question: I have NO idea who must do what on what timetable from here. Calling USCIS is an utter waste of time; they as much as say so themselves. Attempts at online research have produced an overload of information, much of it outdated and/or contradictory. I know that if/when we reach that point my wife must get proof of her vaccination history and a medical exam from a doctor certified by the US Dept. of State, as well as make it through an embassy interview (in Sweden, I believe, because Norway evidently does not merit a US embassy, only a consulate.) I also understand we will need an Affidavit of Support, and it looks like I will need a co-sponsor since I have no recent tax returns, only pay stubs beginning 5 months ago. My mother has consented to be our co-sponsor and, while she is retired, from what I have been able to find it looks like she can count her Social Security and pension income toward the income requirement since neither is means-tested. But I also understand we need other things, and am unclear on what they are, much less WHEN they and the other things are required.
For the record, the following are the contents of the I-130 and I-129F packets I submitted (each section tabbed at the bottom:)
I-1301) US Postal money order in the amount of $420.00
2) G-1145 e-Notification of Application/Petition Acceptance (original)
3) Completed and signed Form I-130 (original)
4) Copy of petitioners birth certificate, documenting US citizenship
5) Copy of extract of beneficiarys birth certificate (multi-lingual)
6) Copy of beneficiarys passport
7) Copy of marriage certificate (multi-lingual)
8) Petitioners completed and signed G-325A (original)
9) Petitioners photograph (original, as continuation attachment to petitioners G-325A)
10) Beneficiarys completed and signed G-325A (original)
11) Beneficiarys photograph (original, as continuation attachment to beneficiarys G-325A)
12) Joint federal residency records (multi-lingual copy for last joint foreign address, copies of certified English translations attached to copies of Norwegian originals for previous addresses)
13) Joint funds bank letter (English, notarized)
14) Copies of birth certificate, Consular Report of Birth Abroad and US Social Security Card for our US-citizen biological child
15) Copies of our US-citizen childs US passport
16) Copies of e-mailed travel booking confirmations documenting petitioners Norwegian visits to beneficiary and beneficiarys US visits to petitioner
17) Sworn affidavits of petitioners best man and beneficiarys maid of honor regarding both our relationship generally and our marriage specifically (which both signed the legal register as witnesses thereof.)
18) Petitioners sworn affidavit describing our relationship and its history
19) Petitioners mothers sworn affidavit describing those aspects of our relationship and its history that she has personally witnessed [i.e. not "sworn hearsay."]
20) Copies of Wedding Book photographs, documenting our wedding
21) Copies of photos with family and friends, documenting our relationship and its history over the past 8 years.
I-129F
1) G-1145 e-Notification of Application/Petition Acceptance (original)
2) Copy of Form I-797C Notice of Action showing filing of I-130 Petition for Alien Relative
3) Completed and signed Form I-129F Petition for Alien Fiance (original)
4) Petitioners completed and signed G-325A (original)
5) Petitioners photograph (original, as continuation attachment to petitioners G-325A)6) Beneficiarys completed and signed G-325A (original)
7) Beneficiarys photograph (original, as continuation attachment to beneficiarys G-325A)
8) Copy of petitioners birth certificate, documenting US citizenship
9) Copy of marriage certificate (multi-lingual)
10) Copy of extract of beneficiarys birth certificate (multi-lingual)
11) Copy of beneficiarys passport
12) Joint federal residency records (multi-lingual copy for last joint foreign address, copies of certified English translations attached to copies of Norwegian originals for previous addresses)
13) Joint funds bank letter (English, notarized)
14) Copies of birth certificate, Consular Report of Birth Abroad and US Social Security Card for our US-citizen biological child
15) Copies of our US-citizen childs US passport
16) Copies of e-mailed travel booking confirmations documenting petitioners Norwegian visits to beneficiary and beneficiarys US visits to petitioner
17) Sworn affidavits of petitioners best man and beneficiarys maid of honor regarding both our relationship generally and our marriage specifically (which both signed the legal registry as witnesses thereof.)
18) Petitioners sworn affidavit describing our relationship and its history
19) Petitioners mothers sworn affidavit describing those aspects of our relationship and its history that she has personally witnessed [i.e. not "sworn hearsay."]
20) Copies of Wedding Book photographs, documenting our wedding
21) Copies of photos with family and friends, documenting our relationship and its history over the past 8 years.
I realize that is long, but 8 years is a long time, and documenting it is a big packet. In case the questions got lost in the shuffle:
Whence from here, in what order? More to the point, what should all concerned be working on RIGHT NOW, what next, etc. etc?
Does Security Elderly count for I-864 sponsor requirements?
in IR-1 / CR-1 Spouse Visa Process & Procedures
Posted
You are quite welcome, and the short answer is "It's Complicated." Technically and nominally, ALL SS is "Insurance," because the Social Security Act established all the various benefits as "Old-Age, Survivors, and Disability Insurance (OASDI)." Likewise, the infamous FICA withholding stands for "Federal Insurance Contributions Act" and paycheck stubs list it distinct form other federal income tax withholding (mainly FICA is not eligible for refund in case of overpayment: With uncommon highly undesirable exceptions, no one gets back a cent of FICA back before retirement.) People routinely speak of "SSI," but the only thing that fits that abbreviation is "Supplemental Security Income" which is NOT insurance (as such...,) is for low-income people <65-years-old/disabled and is "semi-means tested;" every $2 of employment income above a certain (relatively small) annual amount lowers SS disability benefits by $1. I believe that is the "earnings-tested, not means-tested" distinction Forbes et al. made, but I cannot be certain; the same rule applies to people who retire early (which the SS Administration allows as "early" as age 62, though with reduced retirement benefits.)
I believe that is because it is an EARNINGS Statement, not a BENEFIT Statement (my mother tells me the letter the SSA sends her annually actually refers to it as an "award.") The SSA sends those out to people regularly, both to forecast their eventual retirement income, and as a record of how much they have paid in for how long: Recall that the NVC handles an AoS for immigrants with 40 quarters (i.e. 10 years) of US income differently (I want to say they can effectively "self-sponsor," but did not check closely since my wife is not even close to qualifying for that.) A SS Earnings Statement is an ideal way to document 40 quarters of US income. Remember that things like the checklist the NVC sent me (and, presumably, you) with their welcome letter are written to apply to all situations, so some of what they list may not be applicable (e.g. since neither my wife nor I were previously married, the divorce records in the checklist do not exist and thus cannot be submitted.) I got thrown by that too; I thought I needed proof of my US domicile until I read that they only wanted that for Sponsors currently outside the US, but will now include it for me AND my mother because it is needed to show we are members of the same household.
Heh, well, "reliable" and "Social Security" do not go together as well as they did a few years ago, but I am not going off on a political rant while I still have a case pending with the US Dept. of State.
I agree in principle though, and they do allow use of a Sponsors SS retirement income to meet the financial support threshold: It must simply be verifiably documented.
See above initial paragraph.
I can tell you what my mom is doing; it will be up to 11 weeks before I can tell you whether that satisfies the NVC.
She is including
1) Her last three tax returns,
2) IRS Form 1099 attachments the SSA sent her each year to file with those tax returns,
3) The Award letter the SSA sent her each year showing her monthly SS retirement income (annual income is just 12*monthly) and
4) An additional one-page letter she wrote explaining that Line 15 on her tax returns (which I believe is Adjusted Gross Income) does not include all her income, because her SS retirement and part of her pension are not taxable; she follows that with a table with one year per row and the first column for income, subdivided by category, and the second column for TAXABLE income, subdivided by category.
Note, however, that I am no farther along than you, so anyone and everyone who has actually (and successfully) COMPLETED the process in this situation is an infinitely better source of advice; I am mainly trying to make sense of it, because I feel like I have agonized over this one aspect long enough I may actually have a rudimentary grasp of the NVCs intent (or, y'know, maybe I am more confused than ever and will receive an RFE saying so in about 3 months, heaven forbid.) Good luck either way, and I look forward to any and all battle-tested advice you can obtain so I can kibbutz.