EnglishLove

1 minute ago, K1visaHopeful said:

That's the correct method except the first part is Question 7. Surely that was just a mistype.

lol, yes sorry, question 7, my current annual income.

Just now, K1visaHopeful said:

Youll likely be fine.

The I485 instructions state that you have the option to use current employment income and provide EVL/6 months of current paystubs.

Just ensure you reported current income from your EVL in Part 6 Question 7 and not 2018 reported tax income.

The form amd financial documents must match.

I listed my current individual annual income in Part 6, number 5 to what I currently make and also is the same to what my employer wrote. In Part 6, number 24a., of the the Most recent tax year, I listed what my tax transcripts said because that's all I made for that year. I'm sending it off today in hopes that they actually read it 🤞

I asked this earlier about my AOS RFE where they claimed that I did not meet the 125 percent of the federal poverty guidelines. My 2018 tax transcripts and w-2's only reflect July through December of 2018 worked because that was when I was hired. I have now worked at the same job for over a year now and I had my employer write an updated Letter of Employment stating my hire date, my hourly wage, and my annual income (which is above the poverty guidelines of a household of 4). I also attached 12 months worth of my most recent pay stubs proving I'm still working. My concern is, what if they still don't except my answer because they only look at my w-2? Will I have to pay another $1,225? I'm a little nervous!  

On 12/9/2019 at 5:19 PM, Ayrton said:

How old were the employment letter and paystubs? Forget about your k1 package. You need to provide current proof for the AOS. So basically you need an employment letter and paystubs from right before sending the package. If you sent "old" information, how do they know if you're still working there?

 

I sent my package in September, the employment letter was from August, and paystubs were from June to August.

So just to make sure I have everything I need to reply back to my RFE for the AOS.. *2018 Tax transcripts only show my income from July when I was hired to December*

1) 12 months worth of my most recent paystubs

2) An updated letter of employment stating my hire date, my hourly rate AND my annual income

3) 2018 w-2's

I'm a little worried they're just going to look at the 5 months worked and think that's my income when I make over the required amount. 😬 

17 hours ago, Ayrton said:

How old were the employment letter and paystubs? Forget about your k1 package. You need to provide current proof for the AOS. So basically you need an employment letter and paystubs from right before sending the package. If you sent "old" information, how do they know if you're still working there?

 

I sent my package in September, the employment letter was from August, and paystubs were from June to August.

The employment letter was from when I started. I had my payroll write up a new letter stating when I started, how much I make an hour and annually. My paystubs were the 6 most recent paystubs. I update everything and maybe explain on the cover sheet how 2018 tax transcript is only showing July through December wages. (I was a stay at home mom before then so that's all I had). 

8 minutes ago, Wuozopo said:

You tax transcript does not have to show enough IF you provide the optional proofs of current income:

• Employer letter
• Six months of pay stubs.

You did that.

125% is the requirement for an I-864. It is very different than the I-134 requirement.

 

Your W2s would also show July to December so didn't prove anything more than the transcript.

 

 

Okay, so if I can prove again that I make enough (even though my tax transcripts won't show because I wasn't employed at my work for the full year) that should count? The employment letter was when I first started and I make more now than I did before. I will have my work type up an updated annual income. 

2 minutes ago, Wuozopo said:

Did you make a photocopy of the entire packet you sent so that you can review it? Or are you depending on memory? 

No I have everything. The problem I'm having is my tax transcript just for July to December for 2018 shows enough annual income for the household size of 3 with 100% above the poverty line however just under for household for 4 with 125%. But I make more than enough, however I did not start my job until July of last year. It's been over a year now but I will not get the 2019 tax transcripts back in time to show that, which is why I gave all the other evidence of my income to show I do make enough. The only thing I can think to do is wait for my w-2's for 2019 (I know this isn't the tax transcript) however, that will show I make above that now that it's showing my entire year worked.  

9 minutes ago, Jorgedig said:

Okay, just to be clear.....those were submitted with the initial AOS packet, and then you received an RFE?

Yes, it's all the same stuff I submitted with the I-129 packet since nothing had changed. I'm just unsure how to prove that I make more than enough when I don't have 2019 tax transcript with the whole year

Just now, Jorgedig said:

Both of your children must be included in the household size, regardless of tax dependent status.

Okay, that is fine. Thank you

3 minutes ago, Jorgedig said:

What do you mean you sent your entire tax transcripts?  Do you mean for 2019?  You won't have filed yet for 2019, so there is no way to have the tax transcript.

Sorry, I submitted 2018, 2017, and 2016  tax transcripts with all my w-2's, 6 months of pay stubs, along with my Letter of Employment. 

1 minute ago, Wuozopo said:

First off---a W2 (wage statement) counts for nothing by itself. The I-864 requires a "complete tax return".

There are two ways to meet the tax return requirement.

1. Submit a copy every form and schedule in your 2018 tax return PLUS the W2
2. Submit a tax return transcript that you got from the IRS

If you did not include either  #1 or #2, then nothing you sent counts. They have "nothing"  so you don't qualify as far as they are concerned. They don't look at your other proofs until you send the required item. 

I sent in my entire tax transcripts, the problem is, I was hired in July so my tax transcripts only show from July to December which is why I also submitted my w-2's and paystubs with my employment letter stating how much I make annually which is more than enough to cover the 125% income requirement. So because it's not the full year, do I not qualify even though I make enough? 

I got another RFE for my AOS.(The first one was on the I-129 packet) for what they say is not meeting the required income. I make more than enough however, when I started my job, it was in July so my w-2's only show just July to December. I'm wondering if I would just wait to respond until I get my w-2's with the entire year but I would think showing my last 6 months of pay stubs, along with a letter from my employer stating my annual income, which is more than the requirement. 

Just to clarify, I count my husband (was my fiance that came on K-1) and the children that I claim on my tax returns. I have two children living with me but only claim one. So with myself, my husband, and one of my children I claim, it should be a household size of 3, not 4? However, I make enough to cover 4 if need be. 

1 minute ago, USS_Voyager said:

It’s enough evidence for cohabitation but adding him to the deed will be one of the strongest evidence of financial commingling. However I understand it’s a sensitive issue and if you’re not willing I’d understand. 

 

Also, technically I don’t think you “add” him to the deed. You have to do a quit claim from you to both you and him.

That's what I figured. I also added him to my bank account so we have joint accounts plus all the utilities. Just wondering if anyone else has not added their spouse and been okay. 

I've added my husband (came from England on K-1) to my power, gas, and city bill. As I bought my house, I am unable to add him to the loan so the only thing I can do is add him to the deed. We may be possibly moving in the spring. Will showing that his mail is coming to my house and having him on all the utilities be enough to show we live together or do I have to add him to the deed of the house? 

2 minutes ago, HRQX said:

There isn't a data point for Idaho, but some people try to do an early walk-in when they get the biometrics notice: https://www.visajourney.com/forums/topic/367977-thinking-of-early-walk-in-for-biometrics/page/15

I haven't received any biometrics notice as of yet...

2 minutes ago, HRQX said:

For biometrics it's not an interview. He can go alone to the biometrics appointment. He can only work when he gets either the GC or the EAD.

Okay thank you!

1 minute ago, Yogalife said:

Getting the notice means they received your ead request it doesn't grant him the approval to work yet. Need to wait for combo card

Okay, I knew he couldn't work on the NOA1 but I wasn't sure if it would just be approved afterward or if he had to go to his interview before it was granted

Just now, payxibka said:

You should get three

Ahh okay. Thank you! Will we have to go to the Biometrics interview before he'll be able to work?

14 hours ago, payxibka said:

You only get notices for submitted applications or petitions.   The I-130a is is an attachment to the i-130 and is NOT an application or petition itself 

Okay, so this may be a stupid questions but I sent off the AOS, EAD, & AP off all together. I just received the Form I-797C in the mail. Is this the NOA1 for all forms or just the EAD? 

Just now, E & J 2018 said:

FYI - I filed our AOS in Chicago on June 17th and our interview is October 24th......

Has your EAD or AP gone through? Or is the interview for the EAD?

11 minutes ago, K1visaHopeful said:

EAD and AP are taking 4.5 to 6.5 months currently.

4.5 would amazing lol

Hello,

 I filed my husbands AOS (along with the employment & travel authorization) on October 09, 2019. They sent me an email stating they received my case on the 19th. When I was looking up the timeline on how long we are looking at waiting on the USCIS website, it says 11 to 25.5 months 😱. I know this website is not always accurate so I'm just wondering what some others timeline is looking like? Is that time line the USCIS posts just for the AOS or is just to work also? I'm a little flustered at the amount of time it will take because that's so long to support another person, along with my two kids. (And yes, I do meet the financial requirement but that doesn't mean it's easy still lol)

6 hours ago, Chi2019 said:

@Pooley   I have a one page divorce decree absolute  from the family court Holborn with the family court stamp. Are you saying its not accepted by USCIS? 

 

Please clarify . Thak You

As long as it says it's  a Divorce Decree with the Judge's signature you should be good. I've never heard of a divorce decree being only a page but if that's all you have and it's stamped with the signature, you should be good.

4 hours ago, EllaC said:

You're the absolute best! Thank you so much for the quick response!! 🙌

Copy is fine but make sure to attack the entire divorce decree. A lot of people (including myself, only sent in the first page that has Judgment of Divorce and not the judge's signature and got an RFE.

14 hours ago, JCo said:

We are back in the waiting game just like K1! I just hope to hear from them this week but our check has'nt been cashed yet.

 

My check hasn't been cashed either and I sent it out on the 8th 

21 hours ago, Lebanese23 said:

Good news on USCIS if you haven't submitted your paperwork yet. the October 15 date has been delayed.

 

ALERT: On Oct. 11, 2019, judges in three separate cases before U.S. District Courts for the Southern District of New York, Northern District of California, and Eastern District of Washington enjoined DHS from implementing and enforcing the final rule related to the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act and postponed the effective date of the final rule until there is final resolution in the cases. Two of the injunctions are nationwide and prevent USCIS from implementing the rule anywhere in the United States. Until final decisions in these cases are issued or the injunction is lifted, USCIS will accept the version of this form on this landing page.

Thankfully I already sent in my paperwork but that's good to know! Is there a website to check the status like there was for the k-1?