Freckles21

10 minutes ago, elkski said:

did the RFE only ask for proof of income? 

The RFE letter asked for a completed and signed I-864 form and most recent federal tax return. And that’s it. So I was thinking of filling out the I864EZ instead of the regular I-864 since it’s a shorter form, just sponsoring me and we check off all the requirements.

6 hours ago, KayDeeCee said:

You don't calculate from what he's made so far and guess the rest of the year. It's current ANNUAL income. How much in a year's time, not a certain year or from a certain month. If his annual salary is $75k, then that's what you list. Provide letter from employer stating his salary. Most recent tax return is required of everyone for the I-864, so that's why they want the 2020 return.

I did put $75k on the i864 and provided everything they needed and we still got an RFE letter. I did provide a letter from his employer which states that’s how much he makes, as well as pay stubs from the last 6 months and all taxes from the last 3 years(w2s, 1040s and 1099) . I have a feeling they probably misplaced our paperwork. 

34 minutes ago, aaron2020 said:

The I-864 is judged on the totality of circumstances.

 

Past income is an indication of how reliable is his source of income.  It's one factor.  This is why they want his 2020 income tax return.  The I-864 requires the latest tax return which is 2020. 

Current income is the main factor.  

Okay 

7 minutes ago, aaron2020 said:

You're not understanding how the I-864 works.

 

His 2020 tax return is not current income.  That's last year's income.  Current income is what he is making NOW.  What is your husband making NOW?

I know that it’s not current obviously. So id have to calculate what he has so far and predict the next three months on what he’s going to be making. So if the USCIS people keep asking for the 2020 tax return what’s the point of that? So he needs to be earning more than 27,000 from January of this year to December of this year. 
 

He works on salary not hourly. He earns 75,000 a year which includes bonuses. 

4 minutes ago, aaron2020 said:

Current income is what matters.  Google I-864p.

$27,000 income for 2021 for a family of 3 is not enough.  Would need a Joint Sponsor.

Oh no I think you didn’t quite understand what I said. 27,000 is the number on the I-864p list for the 125% over poverty line for a family of 3. And my husband makes more than that per year but on his 2020 tax return he made 32,000. So will that be okay. Because they’re only asking to submit his 2020 tax return.

Hi everyone, 

just had a quick question and hope someone could answer it. If it household income is 27,000 for 3 people, and let’s say the 2020 tax income of the petitioner was 31,000 is that sufficient enough for the petitioner to be a sponsor with no problems? Or should we add a joint sponsor or household member. Thanks!

3 minutes ago, USC4SPOUSE said:

@Freckles21I think there is a really good chance that you would get your EAD/AP before your departure without needing to expedite. However, I would still do it to be sure. When you call, make sure to offer the evidence you have. Sometimes the agent simply says "we will call you in 5 days if we need anything from you".Then, two things usually happen. Either they never call you and the request sits in limbo and eventually gets denied OR they never call you and it gets approved. I would just volunteer the evidence. Ask them for a fax or email to send it to. 

Okay, I’ll do that. Thanks!  Yeah better to expedite and see what happens the worst that can happen is that they deny it.

21 hours ago, Timona said:

 

Current time-frame for EAD/ AP from filing to hand is 8 months. So you should be good. 

 

IMO, I'm not seeing your GC being expedited, nor even the EAD/AP.

 

Additionally, why would they expedite them if you want to go back to Canada for work? Wouldn't that beat the reason of having them in the first place?

We’ll it has to be explained properly to them and provide them  with lots of evidence because one of their reason to expedite is if the company or person which is me is at severe loss of money, and I would be.

Just now, Timona said:

 

As of 3 weeks ago and with immediate effect, both EAD/AP is valid for 2 years. 

My friend got one last week. Both EAD/ AP combo that he got expire in 2023

Oh ok that’s good to know. Thank you!! 

5 minutes ago, USC4SPOUSE said:

I think you are OK to be outside of the US for less than 1 year. *I think* You could always re-enter several times. 

How long are you planning on being outside the US? 

Either way, your best option is to request to expedite Advance Parole. I would do it along with your I-765. That way you get a combo card.

If comes down to the wire, you can always request emergency advance parole. But that costs ~$550 I think, https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel Scroll down to emergency advance parole documents.  

 

I’m only going to be away for 6 months. Oh I see okay thank you for the information. I’ll definitely look into it. So should I send my AOS stuff first than expedite it or can I send a cover letter with my evidence along with my AOS? 

12 minutes ago, USC4SPOUSE said:

I do not know of anyone who's had issues re-entering the US with Advance Parole. You can search through VJ. It's pretty standard to use Advance Parole. 

 

How long is the Advance Parole valid for? 

19 minutes ago, USC4SPOUSE said:

@Freckles21 USCIS has granted requests to expedite AOS under extremely special circumstances. I know of two cases. One was a high school student who got admitted to college and needed to be a legal permanent resident to accept thousands of dollars in scholarship money. They reached out to a US Senator/maybe Congressperson and just like that, within week of filing for AOS he got his green card. Another one was a researcher who needed to be a legal permanent resident in order to accept a federal grant. I do not know of any successful requests to expedite marriage based AOS petitions. 

 

In your case, you do not need a green card to do what you intend to do. You just need the I-131 Advance Parole, but you may request to expedite both the I-765 and I-131. That way you will get a combo card. Right now the processing times for the EAD is 7.5 to 10 months. 

 

Are you able to do your work remotely? That's another option. 

 

I am just afraid that with the Advance Parole, theres a chance they may not let people back into the US from what I've heard. 

No I can't work remotely, I work in a Hospital.

13 minutes ago, Lemonslice said:

Even expedited, it will take a while... 😕

I know  but ill try anyway. I only have 8 months till I need to go back to work. I just need to provide as much evidence my work provided as possible and hopefully it'll be enough. 

12 hours ago, Jorgedig said:

So you've already been working in the US?  And you have an EAD?

No, I’m still employed in Canada and on Maternity leave right now. I’m in the US, got married before the 90 days and now have to adjust my status. I’m hoping to get my whole green card expedited. 

45 minutes ago, Jorgedig said:

What would be the rationale for an expedite?  I haven't heard of that before.  People can expedite EAD with a formal job offer, but I haven't seen an actual AOS expedite.

I’ll be at a severe loss of money. I am currently on maternity leave with my job and with Covid happening everything stopped right. We’ll also in the middle of Covid my k1 was approved. Anyway here in the US now and have to adjustment my status but I need to go back to work in February for 6 months. If I don’t, I have  to pay back all the money ( top ups and benefits) my worked paid me back in full 

Can I put a request to expedite my AOS cover letter in front of my packet and mail it together? Or do I have to mail the AOS packet first and then do the call in after I get a receipt number or whatever?

On 2/8/2021 at 12:43 PM, Sparkey said:

Montreal just sent out there K1 interview dates for March. I already received my confirmation that my documents have been received and K1 processing is resuming (our lockdown ended today). I'm ok with waiting a bit longer while we decide whether to continue the K1 or make the switch. 

How long after you sent your packet 3 documents did you receive a confirmation that Montreal  received it? 

15 hours ago, Nouchigang said:

It is scheduled 1 month to 6 weeks after the status is updated online 

As to preparation you already said, bring copied of everything submitted+ new evidence if applicable + a few more pictures + review important dates for your couple and last entry into the US etc

just a quick question about the status updating online. Once they input our case into the computer in Montreal and schedule an interview for us what will the status change to? 

Hi everyone, how long after I’ve sent my packet 3 documents to Montreal should I expect to hear back with packet 4?

4 minutes ago, payxibka said:

If the officer has a concern,  you will simply correct on the day of the interview 

Ok thank you  

2 minutes ago, Lucky Cat said:

American citizens do not need a DS-160 to enter the United States....nor do American citizens immigrate to the US.

Yeah I figured, but It was okay for me to put her on my Ds160 anyway right? 

Hi everyone! So I received my packet 3 on February 3rd in the mail which was actually sent to my fiancé’s place ( petitioner), anyways I filled out the Ds160 and it asks if anyone is travelling with me to the United States. We have a 4 month old daughter who just got a dual citizenship through CRBA. I put her on the application form of course because she’ll be moving with me. All my documents were already mailed to Montreal but I’m just curious if that’s going to be a problem. Would I have to fill out a separate Ds160 for her? She was obviously not on the I-129f form as we filed that more than a year ago! Hopefully someone can answer my question. Thank you!

On 2/3/2021 at 9:17 PM, Nat Leon said:

Did you get your P3 or a second ready on Feb 3 2021? 

Yeah I just got my packet 3 yesterday! 

1 hour ago, Greenbaum said:

Then the embassy is not processing if they aren't "doing anything about it". Stay in engaged with others in your sub-forum for the best information from others. Montreal requires their checklist be sent back then they will send the P4 with other instructions. If you get ahead of the game, they will shut, you down. Montreal is sticky about their process. Theirs is much different than others. Good luck and stay engaged in the process. 

Okay thank you. I was just reading your good drive on “ Tips, Tricks, and Hacks”, and you said the DS160 is a “stand alone” document. So it would be okay for me to complete that form right? Without anything messing up.

8 minutes ago, payxibka said:

Did you read in this forum?

 

https://www.visajourney.com/forums/forum/93-canada/

What do you mean? I read those threads all the time, but a lot of people were sending their checklist and what not and the embassy isn’t doing anything about it.