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Posts posted by Shadowednavi
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Hi there. My wife and I have been having problems with the AoS (filed after obtaining a K1 and getting married) thing since day one. Our first petition was rejected as a page was not mailed along with the rest, so we had to refile. We got a successful NOA and then my biometrics, which was yesterday.
However, three days ago we recieved a 2 page yellow letter from Homeland Security requesting "initial evidence (I-485)"
I'm not really sure what it's asking for, and I'm also not sure how this will affect my waiting period for EAD (I very much want to just get back into work now). The letter states:
The office is unable to complete the processing of your application to register permanent residence of adjust status (foprm I-485) without initial information. Submit ALL the information requested below at one time. Failure to do so will result in a denial. You must submit the information within 87 days to the following address (address. Include this letter. Blah blah blah)
The servic will process your form I-765 application for employment authorization within 90 days of reciept of your missing evidence. This is ursuant to title 8, code of federal regulations, section 103.2(B)(10)(ii).
All copies must be clear and legible. (blah blah, English translation)
If you have questions (blah blah, call customr service center. My wife said I should ask Visa Journey before calling the number)
[x] In order to process your application further, the petitioner/sponsor on Form I-864, Affidavit of Support, must submit all supporting tax documentation (W-2s, 1099s, etc) submitted to the internal revenue service (IRS) for most recent tax year.
[x] For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the United States (--I have NO idea what this means)
In order to process your application further, submit evidence that the household member on Form I-864 Affidavit of Support, or Form I-864A Contract between Sponsor and Household Member, was authorized to work in the United States. Examples include one of the following:
[] A copy of Form I-94, Arrival/Departure Record showing a non-immigrant classification that allows the intending immigrant/household member to work lawfully in the US. Examples include E-1, E-2, E-3, H-1B, H-1B1, H-1C, H-2A, H-2B, H-3, I, L-1, TN. (-- No clue what this means)
[] A copy of valid EAD issued by US Citizenship & Immigrant Service (USCIS)
[] A copy of Form I-94 Arrival/Departure Recoird with Employment Authorized or similar annotated by port-of-entry personnel.
[] A copy of valid Form I-551 or Form I-151, Lawful Permanent Resident Card.
[] A copy of a valid I-551 stamp in passport or on form I-94 stating "Temporary Proof of Permanent Resident status" or similar stamped by USCIS district office personnel or Customs and Border Protection port-of-entry personnel.
[] A copy of a birth certificate issued by the proper civil authority showing birth in the United States.
[] A copy of the biographical information page of the US passport.
[] A copy of the certificate of Naturalization.
[] A copy of the Certificate of Citizenship.
For the most current version of Form I-864A, including the instructions, go to "Immigration Forms" at (website/phone number)
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Page 2
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The office is unable to complete the processing of your application to register permanent residence of adjust status (foprm I-485) without initial information. Submit ALL the information requested below at one time. Failure to do so will result in a denial. You must submit the information within 87 days to the following address (address. Include this letter. Blah blah blah)
The servic will process your form I-765 application for employment authorization within 90 days of reciept of your missing evidence. This is ursuant to title 8, code of federal regulations, section 103.2(B)(10)(ii).
All copies must be clear and legible. (blah blah, English translation)
If you have questions (blah blah, call customer service center.)
[x] The household member on the petitioner/sponsor's Form I-864, Affidavit of Support must submit all Federal income tax documentation submitted to the Internal Revenue Service (IRS) for the most recent tax year.
In order to process your application further, the household member needs to submit Federal income tax documents for the most recent tax year.
For more specific information, see Form I-864A insutrctions, page 2 "Household Member's Federal Income Tax Information". For the most recent version of Form I-864A including the instructions, go to "Immigration Forms" at (website/phonenumber)
[x] The household member on the petitioner/sponsor's Form I-864. Affidavit of Support/Form I-964A. Contract Between Sponsor and Household Member must submit all supporting tax documention (W-2s, 1099s, etc.) submitted to the Internal Revenue Service (IRS) for the most recent tax year.
In order to process your application further, the household member needs to submit Federal income tax documents for the most recent tax year.
For more specific information, see Form I-864A insutrctions, page 2 "Household Member's Federal Income Tax Information". For the most recent version of Form I-864A including the instructions, go to "Immigration Forms" at (website/phonenumber)
[x] The joint sponsor on Form I-864, Affidavit of Support, must be a United States Citizen, United States National, or Lawful Prmanent Resident of the United States.
In order to process your application further, submit evidence of the joint sponsor's status.
For more specific information, see Form I-864 instructions, page 3, "What is a joint sponsor?" for the most current version...
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So... that's two pages of legal mumbo jumbo which I just plain don't understand. What is it that Homeland Security are asking my wife and I to send them?
A thing to note is that during the submittion we had her and her dad both send in Affidavit of Support documents for me, because she felt that a server's pay is too hard to keep a track on (mostly being paid via tips and all) so her father, who had a stable income, would be able to co-sponsor and be more reliable. He lives at a different address. But we did make mention of it in our cover letter during the AoS/EAD application.
So, could anyone help us out, or should we just call up Homeland and ask them?
Thanks for wading through that wall of text, by the by.
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Short story? Met on a Sonic the Hedgehog message board
Long story? He'd been on there for a few years longer than I was. When I was a newbie, I thought he was a moderator. And I avoided all moderators for fear of saying something wrong and getting in trouble. We started talking maybe six months later due to a common interest in the band Rush. That was in early 2003, and we hooked up around the same time in 2005. The rest, as they say, is history. ^^
Longer story? Any entry in my Livejournal from October 2004 on. I won't make you read it, though. :3
~Tricia
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Hi there. Shadowednavi's future husband using her account here. Tomorrow I have my medical coming up and in my pre-mailing of forms check up I stumbled on the vaccination records which it asked me to bring.
Now, I'm not the most knowledgeable person in the world and I don't visit the doctors... ever. Last visit I can recall was like 5 years ago. I'm not even sure where my info would be right now.
So... I realise asking on the night before the appointment is borderline insane, but I'd rather have a calm night of sleep before it on the off chance that I can get away with it.
The forms mention that if you don't have a record you can sort something out with the doctor and/or get the vaccinations in the US (on a K1 visa, anyway).
So... uh? How bad would it be if I walk in there tomorrow with just the form and the photos, no vaccination record in hand?
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OMG. **major hugs!** Thank you so much for the help and easing my fears
Now it's time to tackle that silly I-134....
~Tricia
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Hey there!
I'm in a somewhat similar position regarding the I-134. I'm looking at this form and I have -no freaking clue- where to begin. No clue. At all. The instructions are telling me that I basically need to earn way more money than I do now, and when I'm in the middle of finding a new job, in the middle of becoming independent from my parents... something tells me they're the ones that need to fill the majority of this form out.
From what I understand, both my mom/dad and I have to fill out our own I-134's 'cause I'm still a dependent of them. Right?
So um... I guess my two biggest concerns are "what do I put on mine, then?" and "will they frown upon us because I can't quite support myself right now, adding onto that how young I am (gonna be 19 in a week)"?
I realize these are probably questions I should have asked before sending the petition off six months ago XD; But what's done is done, and we're this far. I just don't want to screw it up, especially when I'm trying my hardest to get off of that platform that is my parents' money.
Thank you so much in advance for the help,
~Tricia
Second request for evidence
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted · Edited by Shadowednavi
Shadowednavi's husband writing here.
So, I'm now 4 months into the AoS and EAD process, as you can imagine I'm starting to sweat a bit about being able to work, as finances are getting tight.
The intitial applications for AoS and EAD were made on August 10th, with a request for my wife's W-2 for the affidavet of support coming in a few weeks later (28th of August, I think). This got in and the case continued processing on September 23rd.
Since then we've heard nothing, my EAD remaining "On August 13th we sent a NoA" every time I check it.
Now, on Dec 8th my AoS has changed to "we have mailed you requesting evidence", last time this happened, my EAD was paused and it's now been over 4 months since I filed, and still no work authorization.
I have been told from multiple sources on the sidelines to "just keep waiting" yet I can't get any guarantees on how long I'll have to wait.
On the flipside, my wife's family are constantly pressuring me to get in contact with them and try to push the case forward, where I have no grounds to, and my 2 inquiries thus far have met simple "your case is in normal time" responces.
I thought people here would have a better scope on the situation, what is the best thing to do at this point and would the second request for evidence cause me a longer wait on my EAD?