BK Blake

@family @Rocio0010 I'm currently at work and won't be home till late, but tomorrow I will refill out the form and if you guys don't mind, can I have you each review it for errors? I felt fairly confident filling it out the first time, but I guess not haha. Household size should be 2. It's just my wife and myself.

@Familybut now I'm nervous that if I refill out the I864 and respond to the RFE that they may issue me a NOID. Only error that I can think of is that I checked the box that I filed taxes the last 3 years but didn't include the amounts in the boxes. I only submitted my 2021 IRS tax return transcript but will change it to my 2022 one this time around. Along with the 864, I submitted my birth certificate, 6 month pay stubs, letter from employer, and 2021 IRS tax return transcript. Am I missing anything? Was I supposed to send ID with it?

@Rocio0010Thank you for the responses, I really appreciate it. Hmm, so weird to me. Like I get it there are guidelines in place and they can request for more evidence whenever they feel necessary, but I met their guidelines. Could the RFE be because of an incomplete application? I just realized this morning that I checked the box for filing my last three years of taxes but I left the boxes empty that ask for the amount. Could this be the issue for the RFE? Just found out this morning about this mistake I made. Can I reply to this RFE by filling out the forms and updating to my 2022 tax transcript and then use a joint sponsor? Would that be okay? Again, thank you so much for your help.

@Rocio0010but why? My 2022 tax returns show an adjusted gross income of 31k which is over the poverty limit. I also have a letter from my employer stating how much I make with 6 months of pay stubs to prove it. You think we were sent RFE cause I didn't make enough? My assets would have taken me over the poverty limit easily with the adjusted gross income from my 2021 returns.

Hey everyone, hope you all are having a great evening. I just received an RFE on my wife's AOS case and had a couple questions in regards to it. Our PD date is March 2nd and the RFE for the I-864 was sent out on March 17th. I have not receive the letter in the mail, I just noticed it by signing into my wife's USCIS account. For the I-864 I submitted the correct and up to date filled out I-864, along with my 2021 IRS tax transcript, a letter from my employer stating how much I make, last 6 months of pay stubs, assets and proof of ownership, and finally a copy of my birth certificate. This is what the RFE states "Based on the documents submitted, we could not determine that the petitioning sponsor on Form I-864, Affidavit of Support, is qualified. In order to be a qualified sponsor, the petitioning sponsor's Form I-864 must be properly completed and signed, and the supporting documents must establish that the petitioning sponsor's income meets 125 percent of the federal poverty guideline for the sponsor’s household size. See Form I-864P for information on the Federal Poverty Guidelines. If the petitioning sponsor's income does not meet 125 percent of the federal poverty guideline for their household size, you must obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form I-864 Instructions for more information. If you decide to obtain a joint sponsor (or a different joint sponsor), you will need to: Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present and of the latest edition date. Provide the joint sponsor's Social Security Number on Form I-864. Provide a complete and correctly calculated household size on Form I-864. Submit a complete copy of the joint sponsor's Federal income tax return and all supporting tax U.S. Department of Homeland Security U.S. www.uscis.gov documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year. Submit evidence of the joint sponsor's status as a United States citizen, United States National, or Lawful Permanent Resident. The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts" line from IRS Schedule C or C-EZ. If the petitioning sponsor or the joint sponsor is unable to meet the income requirements, they may qualify based on the cash value of their significant assets. Assets must equal the stated difference between the sponsor’s income and 125 percent of the federal poverty guideline for the sponsor’s household size. Assets must equal the difference for applicants filing as orphans. Assets must equal three times the difference for a spouse or child of a United States citizen. Assets must equal five times the difference for all others. Acceptable evidence of assets: Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, the account balance averaged over a 12 month period, and current balance; Evidence of ownership, value, and dates acquired of stocks, bonds, and certificates of deposit; Evidence of ownership, value/equity, and dates acquired of other personal property; Evidence of ownership, a recent licensed appraisal or county tax assessment, any mortgage/lien or lien release of any real estate, and dates acquired. For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information." Here are a couple of reasons on why I think I got a RFE and I was wondering if any one could confirm if these thoughts are true. My first thought is that I sent a copy of my 2021 IRS tax return transcripts and not my 2022 ones. I did not have these available to me when we submitted our AOS packet so I sent what I had. However, my 2022 IRS tax transcripts are now available. My second thought about why I received an RFE for my I-864 is that I did not make enough money to pass the poverty limits. My 2021 IRS tax transcripts show that I only made around $18,000. I was in school in 2021 and 2022 and landed my real job in August of 2022. However, I sent in a letter from my employer stating how much I make a year (70k) and my pay stubs from my last 6 months which showed that I made around 46k in the last 6 months. My 2022 IRS tax transcript has my total wages around 32k. I also submitted my assets (stocks and bank account) which along with my 18k on my 2021 IRS tax returns should have jumped me over the limit. I personally think we got an RFE for reason number 1 but would love your thoughts. Secondly, how do we respond to this RFE? Do we just mail in a new filled out I-864 to the office we received the RFE from? It mentions something about uploading the documents online if applicable via my wife's USCIS account, but I feel more comfortable mailing it in. Also, it is okay if we send it on before we get the physical copy of the RFE? And my third question is, is this a really fast RFE? They only got our case on March 2nd and the RFE was uploaded on March 17th. That seems really quick to me. Would love to hear all of your thoughts. Thank you so much. I appreciate it. Have a wonderful start to your weekend.

So 2021 tax transcript, 6 months of pay stubs, and letter from employer is fair enough? If I send in tax transcript I don't need any other tax documents, right?

@Crazy Cat thank you for the quick response. That is what I thought, but as the day gets closer to sending out the packet the more paranoid I get about every little detail haha. It is okay to use 202q irs tax transcript right and nothing else as far as to documentation goes? Right?

Hello everyone, hope you are having a great start to your week so far. My wife and are are about to send in her adjustment of status packet (just waiting on the medical exam) and I wanted to make sure that this is okay for the affidavit of support. I will not have my 2022 irs tax transcript by the time we send in the packet so I will send in my 2021 irs tax transcript. Only issue is in 2021 I made 17k. In 2022 I made well over the limit due to finishing college and getting a different job. This won't be a problem right? For my proof of income I am sending in my last 6 months of pay stubs and a letter from my employer stating how much I make in a year. We won't get an RFR for this, right? I can also include assets as well, but don't know if that is necessary. Thank you all! Have a great day.

Okay, we will make sure to get the I-693 completed before sending the packet in. So only one copy in the entire packet or one copy for the I-130 and one set for the I-485? Thank you so much

It is not needed so we are choosing not to send it in.

Hello everyone, hope you are all having a great start to the New Year. My fiancée and I are getting married in a week and we will be sending off our AOS package as soon as possible. We currently have most forms filled out and have most documents gathered, just waiting on a few that have to wait till we are married, such as marriage license and our health insurance plan together. My fiancée came to the US on a J1 visa (no two year rule requirement) Here is the list that we came up with and I was wondering if someone could review it to make sure we are not missing any of the required documents. Thank you all so much! Supporting Documents for Green Card I-130 Payment ($535) Cover Letter US Citizen birth certificate Immigrant’s birth certificate and English translation Immigrant’s passport Marriage certificate 2x passport style photos for both of us Evidence of a bonafide marriage Marriage certificate Affidavits from parents Health insurance policy together Banking information (joint account) Car insurance policy together My wife being the beneficiary of my investment accounts My wife being the beneficiary of my life insurance policies A notarized letter from my parents stating that they are letting us live at their house together for free Letters/packages addressed to our place of living Form I-130A I-485 Payment ($1225) Cover Letter Immigrant’s passport I-94 paper Immigrant’s birth certificate and English copy Marriage certificate 2x passport style photo of immigrant I-693 (we might send this in later) I-864 2022 IRS tax transcript Letter from employer stating how much I make Pay stubs that go back to Sept. Assets along with proof of ownership (stocks and savings account) Birth certificate of the U.S. citizen I-765 Copy of passport and/or visa 2x passport style photos I-131 Official photo identity document (will probably use passport or CA drivers license) 2x passport style photos Copy of I-94 showing current status in US Statement of the purpose of our trip (to see family, especially grandma) G1145 - e notification Is there anything we are missing? I believe this is everything and we will began assembling the packet. Thank you all so much for the help. Really appreciate it.

@powerpuff @Crazy Cat So the only things I would need to submit with my I-864 would be my tax transcript from the most recent year (2021), all my pay stubs (since I've only been working since August of this year), and a letter from my employer stating how much I make in a year. And it won't be an issue that in 2021 I only made about 17k? I can include assets which according to their rules should cover the difference, but still that makes me a bit nervous. Thank you so much, I really appreciate it.

Hello everyone, hope the holidays have been treating you well. My fiancée and I are in the process of completing our Adjustment of Status packet (she is in the US on J1 no two year rule requirement) and I had a quick question regarding the affidavit of support. So, for my two prior W2s, I did not make enough money to meet the threshold for support (about 15k each year) This was due to me being in school and completing my degree. However, I graduated this year and started working full time again in August. Since then I have made about 32k and am waiting to get my W2 for this year before we complete our application. I am hesitant though if this is enough proof of financial support for my soon to be wife. I can send in pay slips along with my current hourly pay. I also have about 30k dollars in investments mostly in stocks but some in a life insurance policy as well. I can send in this information along with my W2 from this current year. Will this be enough info or will we get a RFE for this? I already talked with my parents about them sponsoring us but would prefer not to use them if not needed. Thank you all so much! Have a great new years!!

Hello everyone, hope you are all having a wondering day and thank you all in advance for your help. We really appreciate it. A little background on us. I am a United States citizen and my fiancée is from the Czech Republic. She came out here on a J1 visa (two year rule does not apply to her) to be an au pair and well we met about 16 months ago and we are now engaged. Our goal with the adjustment of status is to keep her here in the United States until she gets her green card and also apply for the work permit and the advanced parole. She really wants to go visit her family in Czech, but more importantly to us is being able to stay together during this process so this is why we think the AOS with a work permit and advanced parole is the best option for us. We understand it will all take some time, but we are ready for the journey. So on to my question. Her visa ends in February 2023 and we will most likely get married in January 2023. From what I have read these are the forms we have to submit. Do we submit all of these together? I-130 Petition for Alien Relative I-13-A Supplemental Info for Spouse Beneficiary I-131 Application for Travel Document I-485 Application to Register Permanent Residence or Adjust Status I-693 Report of Medical Examination and Vaccination Record I-765 Application for Employment Authorization I-864 Affidavit of Support Is this all of the forms we would need for everything that we want or is there anything that we are missing? Also, what documents would we need to get from her home country and translated? I am having a hard time finding this info out and we are not certain what we need to have her mom send over here. Is there somewhere I can check what documents we need? And for the final question, are we giving ourselves enough time to get everything filed in a month? She wants to get married in January so she can finish out her au pair contract. I personally would like to get married sooner to have more time with everything and to get the ball rolling, but she is afraid that she will have no income going into the holiday season if she gets kicked from the program since getting married is a breach of contract. Thank you all so much. It really means a lot to me. Have a great day.

Okay, this seems to be the best step forward and I will definitely be in contact with an immigration lawyer to figure this out. Let's say we legally get married within the next month, could we apply for an adjustment of status and an advanced parole at the same time to visit Czech in the Spring/Summer of 2023? If this is the way forward I think it will be get married ASAP (have wedding with family later in 2023), apply for proper visas, go to Czech on advanced parole, then come back to the States while we wait for the green card. Does that sound right? If we did go the K1 route, we would have to apply now, but due to it taking a while she would have to go back to Czech right in Feb when her current visa is up? Thank you so much, means the world to me.