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M&Y_2019

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About M&Y_2019

  • Rank
    Junior Member
  • Member # 318570

Profile Information

  • City
    Fairfax, VA
  • State
    Virginia

Immigration Info

  • Immigration Status
    K-1 Visa
  • Place benefits filed at
    Lewisville TX Lockbox
  • Local Office
    Washington DC
  • Country
    Japan

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  1. Went to apply for my partner's SSN today, and they said there was no information in their system even though it has been over a month since arrival on a K1 visa. They sent an inquiry to USCIS but said the card will be delayed for up to 6 weeks. I couldn't help but think maybe the information was entered wrong or something, but I checked the name and address and it was typed correctly. Is it normal for USCIS to not register K-1 information even after a month?
  2. Thanks! Yup, I'm planning to only include the 2018 return as required. What I'm concerned about is how it looks, because my "income" on the tax return for 2018 is only around 15k (i.e. below their poverty line) because all the foreign income is excluded via FEIE/IRS form 2555 and due to several months of unemployment before I moved back to the US to start my new job. This is the first/only return they will see, assuming I file the AOS before I can get my 2019 returns. I will include a letter from my employer and the most recent six months of pay stubs from 2019 with a letter explaining the situation. However, I'm concerned that when they see that 15k income number for the 2018 tax return (followed for 5k for 2017 written on 864 form), it will set off some kind of red flag for them...
  3. Hello all, I have a confusing problem related to I-864, and I’m hoping some of you might be able to help. I lived and worked abroad for several of the last few years and I was using the foreign earned income exclusion on my most recent tax filings (part of 2016, all of 2017, and nearly all of 2018). As such, my AGI on the tax return for 2018 and 2017 is below the requirements because all of the foreign income is excluded via form 2555. 2016 would meet the requirement because I worked in the US for part of the year. With the foreign income included, all years would meet the requirement - but it seems they only look at AGI. I moved back to the US at the end of 2018 and have been employed here since, but my 2019 income will not show on a tax return until filing time 2020. My fiancé entered the US a couple weeks ago, and we have until the beginning of February to marry and file AOS. I could choose to wait until I’ve filed a return for 2019, which puts me well ahead of the income requirement, but this will add time to the AOS coming through. Furthermore, I may not be able to file my taxes until February or later, as I need to wait until all of the 1099s come in from various banks/investments. The date I might be able to file could be very close to the K1 expiration date (within days) so I’m not sure this is a palatable option. For the K1 affidavit of support, I wrote a letter explaining this situation and included 6 months of pay stubs. I did not include tax returns. The consulate did not have an issue with this and issued the K1 visa without questions. I’m concerned that because the I-864 is more strict and actually requires tax returns, that this could be a problem. If I attach my tax returns for 2016, 2017, 2018 + pay stubs for 2019 showing sufficient income + a letter explaining the situation, do you think this will be sufficient? Thank you :)
  4. Recently received NoA 2 and still waiting to hear from the Embassy/NVC. I still have some confusion about the affidavit of support. Looking through the instructions, there's actually no mention of tax returns being required unless you are self employed. I don't see any mention of a W2 being required as well. This is from the I-134 instructions: It seems only #1 and #2 would apply to me. I could easily get a letter from my employer showing that I meet the income required. I tried looking for Japan embassy information, but I can't find anything specific about the financial evidence they require. I also can't find any mention of tax-returns/W2s being required. Is it going to be a problem if I prepare the I-134 with only myself as the sponsor and with evidence for #1 and #2 above? Letter from employer + statements from my banks. Thanks
  5. I mailed in the RFE with a bunch of new evidence, wish me luck! Two notarized, sworn letters - one from each of my parents. One of my parents met the two of us in person, so she swore to us being together on a specific date. The other parent swore to having knowledge of the meeting. An airline was able to issue me signed certificates showing that we both actually boarded the same flight. I got the actual lease that we signed together translated and it shows the date that we signed. (Cost $300 to translate that huge thing...) Screenshots of text message conversations we had which show the dates. Personal statement describing all of the above. Honestly, I thought the evidence I submitted with the I-129F was more than enough (see my post above). Especially the passport pages in which we both literally had the same country stamps on the same day (how could that alone not be enough? the RFE made no mention of that). We also entered the US once on the same day (described in the I-129F with I-94 records) which you'd think they'd be able to verify from their end. Regardless, I really hope what I sent with this time is sufficient for them.
  6. They did list the affidavit option as well (although it doesn’t seem to be required, just an option). That will be difficult for me to provide because we kept our relationship mostly to our selves (same sex and in Japan). That said, I could get my mother to write about when she met us. The RFE guidelines for affidavits say “sworn by TWO” persons though, which is unclear to me. I guess if I submit one, I need a second person to submit another.
  7. The documents for my residence are dated. In Japan, everyone (included Japanese citizens) must register their addresses with the local government and then an official certificate of registration is issued. Before leaving we obtained a few copies of ours which show us registered at the same address and the dates we are registered there. There is a lease as well with both of our names signed and dated. I did not submit because it is an extremely long document entirely in Japanese, and I assumed the official government document would be much more legitimate than a lease. I can submit the lease with the RFE but that said, I'm not sure it will prove to them that we actually "met in person". For the travel bookings, we have both our names on the flight tickets, but not the hotel receipts - since you just book those for "2 persons".
  8. I'm pretty frustrated - I found out a few days ago I was going to receive an RFE and I just received it today. It's a lot worse than I thought it was going to be because it's for the two-year meeting requirement. "You submitted travel itinerary information and photographs between you and your finance. However, the document you submitted is insufficient to warrant favorable consideration between you and your fiance." It then goes on to ask for evidence that we met in person and gives me until July to respond. This is especially frustrating because my fiance and I LIVED together overseas for over a year. I moved back to the US two months before submitting the application. The evidence I included for us meeting included the following: 1. Photographs of our travels together during the 2-year period. 2. Copies of official Japan-government documents showing that we resided at the same address overseas with certified translations. 3. Copies of our passports showing stamps entering various countries on the same day. 4. My partner's I-94 showing he entered the US the same day as me when we flew in for a trip in 2017 along with the flight tickets. 5. Travel itineraries (flight tickets, hotel receipts) corresponding to #3 and #4 above. I can't believe this is all not sufficient to determine that we met -ONCE- in the past two years. I'm wondering at this point if I should take it to lawyer to review my entire application and help me submit the RFE. I'm really lost with what to do next because I really thought I had submitted way more than enough evidence. Any help is much appreciated. Thank you!!
  9. A couple of posters have mentioned this, but I'm a bit confused. Are you saying they will give me the opportunity to come back and provide a co-sponsor if they deem my assets/income insufficient? I was under the impression I'd have to submit a co-sponsor initially, otherwise if I did it myself and I got denied there wouldn't be an opportunity to come back and resubmit. I can definitely submit it myself and just have my one of my parent's available as a backup if needed, just so long as they will give me the opportunity to have them fill out the forms and add them as a co-sponsor later. I guess this is a weird situation because my current income is more than enough to qualify, it's just my past income on the tax returns isnt reflective of my current income.
  10. I do have tax returns for the past two years, but the foreign income I earned (while it is reported) is not included in AGI calculation, so it makes my income look low. I have been back in the US and working full time since November 2018 - so I’d be able to provide 6 months of pay stubs. The problem is that my tax return only shows that US income from November/December 2018 in the AGI. I was unemployed for several months before that. I submitted my I-129F in January this year, about two months after I moved back.
  11. I'm considering whether to use a parent as a cosponsor, but I'm not sure it's necessary. I'd rather not if my income (alone) will be sufficient for the application. The problem is that I lived in Japan for two years before moving back to the USA and starting the K1 process. I've been taking the FEIE (foreign earned income exclusion) with my tax filings and excluding all income I earned in Japan from US taxation. As such, my AGA for the past two years on tax returns is very low. I also had a period of unemployment last year prior to moving back to the US, which lowered my total income even further. I won't have a tax return that shows my full US-based salary until I file in 2020 for the current tax year (2019). Will the fact that I am employed now (in the US) and making more than enough income (letter from employer + copy of pay stubs) be sufficient, or is the low income reported on my tax returns from the prior two years going to be a problem? I don't have a substantial amount of other assets or savings. Thanks
  12. It seems they did send somebody to the post office to pick it up! 😊 My credit card was charged by USCIS and I received the text notification today.
  13. Already thanks! I'll call them again and ask for a case to be created. Over 1 hour hold times... unbelievable.
  14. I wonder if the problem could also be my choice to send it next day "Express" mail. I suppose they could be delivering it outside the regular mail truck delivery, similar to a private courier. I thought since it was USPS I would be fine though.
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