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With everybody getting these RFE's, I am starting to suspect that they send them out automatically for all applicants. Maybe they do it to make sure your income is stable. Especially if you applied 3-6 months ago. Things change.

I just got the same thing. Pretty quick though. I sent it out on the 30th of November, and they got it on the 2nd of December. Checked my mail yesterday, and signed up to the online account today. Once I went in, I saw that RFE - exactly the same.

The thing is, they gave me to the middle of March to submit the response. I suspect that they want me to file my taxes for 2021, and then submit the response. Just to make sure that I am still able to support my family. Because I sent them my 2020 tax transcript, ALL pay stubs for 2021, and letters of employment. The only thing is, even though I worked for the same place since March of 2020, technically, they were 2 different employers. I was hired as a full-time contractor originally, then moved to permanent in November of 2021, with a pay raise I might add. This is standard practice in IT (those who work in Tech will know what I am talking about). Anyway, I only had 2 paystubs from my current employer. So that might have popped a few red flags in their heads.

But it might be that I submitted a tax transcript instead of a W2 & 1099 + 1040.

So I am in the process of filling out the I-485 for my wife who came in on a K1.

I see that they ask for all previous employers for the past 5 years. The only issue is, she hasn't been employed for the past 5 years.

Do I just write "none" and write that she hasn't been employed for the past 5 years in part 14?

Has anybody else been faced with this dilemma?

10 hours ago, PeterSiM said:

HI,

 

Sponsor makes well over the poverty limit (around $38,000). Have tax returns for the past 3 years showing a higher amount than the limit as well. Planning to include those, 2020 W2 forms, paystubs for the past 6 months. Is that enough or should we include an employment letter stating the salary as well?

Currently applying myself. My situation, I switched from a full-time contractor to a direct hire literally a month ago. Therefore, I am providing my W2, 1040, 6 months worth of pay stubs, as well as letters of employment from both employers.

The first letter of employment is from my previous employer, stating my salary and start/end dates with them. The second is from my current employer, stating my salary and start date. This is obviously more than required, but I want to avoid any RFE's.

Therefore, if I were you, I would get that letter from my employer and send it in with my packet. It won't hurt your case, that is for sure.

On 11/19/2021 at 7:20 PM, Beegirl said:

We are almost at the end of our K1 part of our journey, thankfully. Does anyone have any protips or insights while going through the AOS process now? Is there anything anyone wishes they would have done in the K1 stage that they now know of? When my fiancé gets here to join me what are some of the first things we should do to make sure our AOS goes as stress free as possible? 

 

All insights welcome. 

Get Married ASAP. It is taking some places up to 2 months to process Marriage Licenses into Marriage Certificates.

We entered on the 28th of August, got married on the 7th of October, and just got our Marriage Certificate last week.

This is Fulton County, GA - they take anywhere from 30-45 days to process them.

Currently, I am finishing up our AOS packet to send out tomorrow.

Here is the thing: you sent in the I-864 along with your I-485 in late July.

Now it is November. Do they know that you are still making the same income? No, they don't.

For all they know, you could be unemployed right now.

The fact that you switched jobs several times in the past year may also raise red flags in their eyes.

Therefore, I would speculate if you just send them your most recent paystubs and a new employment letter, etc., you should be fine.

But to be on the safe side, I would consider getting some professional advice from an attorney.

2 minutes ago, arken said:

It's the past thing so no point of that, your paystubs will reflect the stated income.

 

This is a must since now your new paystubs will be from them and you don't have bunch or any. Do mention the paystubs from past employer is to show the ongoing income. Whoever is reviewing don't give a damn about direct hire vs thru recruiter. Their perception would be the same even if you had changed the employer 5 States far. 

 

If you have tax return transcripts, no need of W2 and 1040.

 

I'd recommend waiting for at least one or two paystubs if time allows. You may get an RFE by which time you'll have several paystubs.

I have 18 months worth of pay stubs from the previous employer. My new employer gave me a letter which states my position, income, pay frequency, and start date. On top of that, I already received a paycheck from my current employer (I get paid weekly), and can send that in. the last pay stub from my previous employer matches the date which I started at my new job.

So I am currently preparing to file the paperwork for my wife's AOS application.

However, about 2 weeks ago I was converted from working as a contractor (through a recruiter) at my company, to being permanent (direct-hire). I am not worried about the income requirement in the slightest, as my previous salary as a contractor was well above the 125% poverty line. On top of that, my conversion from permanent to direct-hire has resulted in me getting a significant raise. I have been working for my company through the recruiter for more than 18 months full-time.

So the question is: How would I prove that my income is stable? Specifically about the letters from the employers. Would it be a good idea to get a letter from the recruiter, stating my salary and time spent working for them, as well as a letter from my current employer confirming my salary, along with a cover letter explaining that I made the switch from contractor to direct-hire?

Of course, I am attaching my W2's, pay stubs, and form 1040's along with my application as well.

If anybody has any experience switching jobs right before filing for AOS as a sponsor, and input will be greatly appreciated.

Thank you!

Just now, igoyougoduke said:

No. Without EAD she wont be able to work. You can apply just AP along with AOS 

Not worried about her being able to work. I'm just worried about USCIS looking at our AOS application a bit suspiciously, if we don't file for EAD.

So here is the situation: We are currently in the process of filing for AOS for my wife, who came in on a K-1 visa.

But are planning to travel this summer. From my research, the EAD takes longer to process than the Travel document.

Therefore, I am thinking of filing for the Travel Document, without filing for the EAD.

My only question is: will this raise any red flags?

On 11/6/2021 at 5:09 PM, Brookeandluuk said:

Dear everyone,

 

Unexpectedly, but very nice, I have received an invitation of the USCIS office to attend my AOS interview only 3 months after filing (K1 to AOS). The letter states the following about I-693:

CONGRATULATIONS!!! This gives me hope because we are about to file our AOS from K1. 

When I saw this, my first reaction was being pleasantly surprised, but then I thought, "this makes sense".

The way I see it, immigration is a pipeline: Application for the visa -> visa interview -> physically arriving in the US -> fulfilling requirements for AOS -> Actually filing for AOS.

For obvious reasons, this whole process has been slowed down since March 2020. In my opinion, the actual visa interviews took the biggest hit since most embassies weren't holding any interviews throughout that time. Meanwhile, you had the AOS backlog in the US, but something tells me (and this is speculation) that it generally went faster than the embassies. My theory: There just haven't been far less AOS-eligible candidates immigrating to the US over the past 19 months, and therefore less people filing for AOS. Which may be why you got the interview in only 3 months.

But please, share more details as to what you did, maybe there are some clues as to how you got such a lightning-fast turnaround!

13 hours ago, mushroomspore said:

Untrue. There's no time restrictions or requirements on marriage to a US citizen for those who enter on a tourist visa. The only thing that matters with US tourist visas and marriage is that you don't enter on a tourist visa with the preconceived plan to marry and stay to adjust status. People enter on tourist visas to get married here all the time and some even do it just days after. I got married to my husband a month and a half-ish after I entered as a tourist a few years ago. A lawyer then told we could do AOS so we did and now I'm a citizen. 

They changed it a few years ago I believe. You are correct - you used to be able to file for AOS on literally the same day you entered the US. Now, you have to wait at least 90 days from entry to file AOS. Judging by the fact you are a citizen, you probably went through the process before they implemented that rule regarding B visas. K visas are not covered by that rule.

2 minutes ago, SteveInBostonI130 said:

 

Is there no option to get the certificate from your town clerk in GA?  In MA our town clerk had our certificate ready in 2 days.

 

Thanks for the advice! It's worth a shot if anything. But the probate court usually processes those things down in Georgia. Plus, this is Fulton County (those who have lived here know our struggle).

To clarify, their exact quote was "between 30 days and 45 days". But knowing how the local bureaucracy works, you always have to prepare yourself for the worst-case scenario.

8 minutes ago, arken said:

No issues on that.

 

Yes but it will likely be rejected and you may get the returned package after several months. Your filing date will not be retained. You will be pushing your i485 filing date even further, not recommended.

 

Thanks for the answer!

So I take it, the best course of action would be to get the I-485 packet prepared and send it off the minute we get the Marriage certificate. If we get it before her visa expires, consider ourselves lucky, if it is after, it is what it is.

On 10/5/2021 at 4:39 AM, KayDeeCee said:

I am curious as to how they will be handling the new covid vaccination requirement. I think they will not demand it of those that had medicals before this month, but with the USCIS you never know.

Same here. In fact, my (now) wife is in the same situation. Entered on a K1 in late August. Got married on October 7. Now waiting on the marriage certificate to be approved.

Then suddenly, I see a bunch of news about USCIS requiring applicants for AOS to be vaccinated against COVID.

Not an issue for us, as we are both recently fully-vaccinated. But at the same time, I just saw the news, but didn't see any details. IDK - do I just not submit the I-693? Or get to a Civil Surgeon?

Just now, Crazy Cat said:

 

It is illegal to enter the US as a tourist with the intent to stay and adjust status.....

Sorry for the confusion. I am a US Citizen and my (now) wife entered on a K1 Fiancee Visa (must marry within 90 days of entering). My warning is to those who are waiting on their K1 visa. Or already received it, but haven't entered the US yet.

If you enter on a tourist visa, and suddenly meet the love of your life (who just happens to be a US Citizen), I believe that you can only marry AFTER 90 days.

But yes, it is illegal to enter the US on intentions other than the ones stated on your visa (and the intentions you stated in your visa interview for that matter). This applies to any visa.

So here is my situation: I am a US citizen with a foreign spouse who entered the country on August 28.

We got Married on October the 7th and submitted our marriage license to the probate court the following Tuesday (we went to Florida for a quick getaway).

The probate court is telling me that it will take up to 45 days (from date of filing) for our marriage certificate to process.

Naturally, I am a bit worried since it is cutting it slim and we want to avoid overstay.

So is there anything I can do to avoid this. Maybe contact the USCIS?

If we submit the I-485 packet after the date stamped in her passport, will it create issues down the road (yes I know that we should avoid contact with LE between the time her visa expires and our first NOA receipt)?

By issues I mean: the timeline of the AOS, increased scrutiny at the interview, eligibility for an AP Travel Document, problems for her re-entering the country on her AP Travel document (we plan on going overseas this summer for family matters, but realistically we know that we will be lucky if we have our interview within a year of filing the I-485).

Also, do we have an option of filing I-485 without the marriage certificate, then send it over to USCIS when we get it back from the court?

Honestly, if I knew that it would take this long to process a marriage certificate, we would have gone straight from the airport to the probate court in order to get married lol

BTW, anybody who happens to read this and hast entered the US yet - be warned. Some of these probate courts take long to process marriage certificates.

Thank you in advance!

Similar situation here. My Fiancee - a Russian National was granted a K1 back in July and we entered the US in late August. Since we couldn't pull any of her medical records from Russia (we were in Thailand at the time), we had to get them in Bangkok. Naturally, we have the completed DS-3025 with all of the required vaccinations.

HOWEVER:

It has come to my attention that the USCIS is now requiring all applicants to be vaccinated against you-know-what.

We both got our second shots at the end of September.

So my question is: Since she had her USCIS medical exam on the 31st of May, do we need to submit any extra proof and skip the I-693? Or do we need to take her vaccination card along with our copy of the DS-3025 to a civil surgeon in the US, so that they can "sign off" that she was indeed vaccinated as required by USCIS?