Erroneous

Employment letter is optional.

My advice is to respond to the RFE with what they are asking for and not to pile stuff on (especially if they already have it).

Ok, I will not pile on other documents.

Thank you.

I have read many I-864 posts and I have a few specific questions that I have not seen answered. Obviously show all of the supporting documentation I can. But my situation is this. I submitted an I-864 with tax returns (which do not show I meet the poverty guidelines) but I did include a handful of pay stubs from a job I started in October which show that I do now exceed the poverty guidelines by far. I did not include a letter showing proof of employment because I thought my paystubs would be fine.

Since then I have recieved an RFE stating this: "Submit all supporting tax documentatyion (W-2's, 1099s, etc) submitted to IRS from the petitioner/sponsor on Form I-864, Affidavit of Support, for the most recent tax year."

I did not include my W-2's, only my 1040 tax returns. I guess my question is this.. Why would they want my W-2's when my tax returns show my income for last year does not meet the poverty requirements? Even though my pay stubs do show I meet the requirements.

On top of the W-2's, along with new copies of my tax returns, bank statements, proof of income/employment what else should I submit with this RFE?

Also, I did ammend my I-864 to remove a few assetts I do not have any way of showing proof for though it does not change the fact that I meet the poverty guidelines.

Thank you.

The DS-3025 was completed for my spouse and child, but maybe they were not in the official envelope she handed over when entering the U.S. That is my only guess because I did recieve an RFE for the I-693. I did include a copy of the DS-3025 marked as completed with my I-485 and other paperwork. So I will begin my search for a Civil Surgeon.

Just wanted to let anyone know that even if it is complete, it does not mean much.

Thanks Christi,

I suppose I will wait a little longer then before calling.

Keep me posted on your progress

Clara

Call 1-800-375-5283. Hit 1 for English. Then hit 2 to check on status of case. Then hit 3 to say you lost your case number and it will forward you to an agent. They will not answer questions about your case unless you are the applicant, regardless of you being the petitioner. They answered the phone within 10 seconds when I called.

Thank you. I am curious about the fee for the child though. I understand the fee for an adult is $1010. The child being 9 years old does not have to pay the biometrics fee? So they will just be $600?

Thanks for the reply.

I have read the guide and some of the forum posts but I want to double check as I have heard conflicting information. The Civil Surgeon documenting the i-693 is required even if filing the I-485 within one year of the K-1 Visa issuance? I do have the DS-3025 still in my files. Also, if I am indeed supposed to go through a civil surgeon what part of the I-693 do I fill out? Just part 1 and then sign it, and they do the rest?

A question on the filing fee. We are paying by personal check and the amounts listed on the I-485 instructions state children under the age of 14 filing independent of other family members have to pay $930 for the filing fee, but no biometric fee. In the next section it states that the fee is $600 instead of $930 if filing with a family member. So is the biometric fee waived for all under the age of 14? If the fee for biometrics is waived for the child the total for an adult and child (who is 9) would be $930 + $80 + $600 in total, right?

Is there any other evidence I should be including in my I-485 packet? I have all of the birth certificates, passports, I-94, Visa, marriage certificate, etc.. I just dont know if I should include her bank statements showing her address is here now, or keep all of that for the interview.

Thank you.

Technically if you moved while the process was happening you WERE supposed to change your address as stated here: https://egov.uscis.gov/crisgwi/go?action=coa where it says a case "processing".

However, I think you should be okay if you use the new address as MY address as the immigrant has of course changed yet I didn't need to submit a change of address but that was because technically one part, i.e. the K1, had stopped processing, and now we're starting the new part so from now on you MUST report every address change until (if) she becomes a USC. Then the obligation to report changes of addresses cease, or so is my understanding.

Remember the instructions in I-864 http://www.uscis.gov/files/form/i-864.pdf, page 4 state that the sponsor is required to change their address within 30 days.. it's a federal law.

Hope that helps.

That was my understanding. Thank you.

USCIS Online Change of Address

U.S. Citizens who do not have an application or petition pending with USCIS are only legally required to notify USCIS of a change of address if they have previously submitted a Form I-864 on behalf of someone who has become a permanent resident. If you have previously submitted a Form I-864 for someone who immigrated to the U.S., you must complete a Form I-865 within ten days of the completion of your move.

I do not have any applications pending, and the I-864 has not been submitted as of yet. When it is submitted, along with any future moves I know I must submit a change of address immediately.

Thank you for the help.

We filed our initial K-1 documents/application using a PO Box in a different city as I was staying with family at the time. Before she entered the U.S. I moved in to my own house and she has used my new address on all documents at the POE, the state and county level, and with SS.

So I am just wondering, do they reference the old address on the initial K-1 I-129, G325, etc.. And will it confuse them if I submit an I-485 with accompanying documents using the new address? Do I even need to submit an AR-11 since we have used the new address since she has arrived in the U.S?

Thanks for the help.

I could not find the specific answers to a few questions I had by searching on the forums, so I hope someone can help. I know some of these might seem easy, I just do not want to make a mistake.

Part 1 question.

Do we need to wait for her social security number to file this, or should we? It will be a couple of weeks, but we are in no hurry. I just did not know if it mattered much.

Part 3 questions..

Section A.

When filling out the I-485 form I am working on Part 3. There is a question 'In what status did you last enter?'. Per the example PDF/form on VJ I put 'K-1 Visa holder'. but what do I put for 'Nonimmigrant Visa Number'? The example shows 8 digits, but her Visa has a Passport number, Control Number and an Annotation (A#). There is also a red number on the bottom right corner which is eight digits.

Section B.

I entered her son's information but it asks for an A#. On my wife's Visa it is annotated with an A#, but her son's does not. All he has is a Passport # starting with MS, a control number and an annotation with PA: and his mothers name. Is this a big deal or am I missing something?

When they ask for a Visa number, is it the red number in the bottom right corner, or the control number?

Also a quick I-765 question. Her son is 9, should we file for an ITIN or EAD so I can claim him as a dependent on my taxes? I am not sure how he could file for an EAD at his age, but it was recommended by someone.

Thank you for the help. Some silly I am sure, but I am nervous about messing it up.

Thank you for the help everyone. Nothng is easy, but you are all quite wonderful.

I will be adopting him at some point. But you said apply for a name change. Apply where since he has no social security documents/number as of yet. We will apply for SS under his current name, and once he is adopted change his name to my last name. Just so I am clear, adoption is the only way to change his name or social security will also change it by just showing a marriage certificate?

I am not an expert, and I am learning about the social security process as I go.

Thanks for the help.

Reading the guide on how to obtain a social security number, I just had a few questions..

My wife's child is eligible to recieve a SS number (came in the US under a K2 visa) for the sole reason of insurance which requires a social security number. I assume the social security agency is aware of this, but will they require a written document from my insurance before they will issue one?

Also, we applied for my wife's social security number using her maiden name, but now that we are married she will be changing it to the same as mine. So we must go back with a new SS-5 and apply for it to be changed. Since we did not file for her son's social security number at the same time, can we just apply for a new social security number for her son using his new name? Or do they require one to be created under his name he entered the US using, and then once it is issued they will then change it using another application?

Thank you for the help.

Can a greencard holder obtain a U.S. passport? Also, if they obtain a greencard but can not get a U.S. passport, how can they leave the U.S. and come back when their greencard and foreign passport names differ since she will have foreign passport with her previous unmarried name?

Thanks for the help.

By green card, you mean temporary and permanent? I do not know if they differentiate between the two in this matter. Just making sure.

Thank you for the help.

An Advance Parole is required for traveling from and TO the US while the applicant is waiting for the green card (AOS) to be approved. Once the AOS is approved, the green card is then used to show the individual is allowed to enter the US.

An AP type of Travel Document may still be required with a green card if the green card holder intends to be outside of the US for more than 6 months up to 1 or 2 years to show there is no intent to abandon residency in the US. For general purposes though, the AP is primarily used while waiting for the green card.

A few questions about advance parole.

I read this online..

Upon USCIS approval you will be given conditional resident status (CF-1: conditional green card) as an immigrant in the U.S. IF YOU DEPART THE U.S. WITHOUT HAVING GAINED USCIS APPROVAL AS AN IMMIGRANT YOU MUST QUALIFY FOR AN IMMIGRANT VISA OVERSEAS BEFORE YOU MAY RETURN TO THE U.S. If you need to travel outside of the U.S. before completing the processing, you must apply for Advance Parole at USCIS in order to reenter the U.S. and continue processing.

Is advance parole required only until a temporary or permanent green card is issued? Or will she always need one, even with a permanent green card until she becomes a U.S. citizen?

It is most likely going to take up to 6 months past her deadline to enter the U.S. But if she can not extend we will go for advance parole.

I will have her talk to the consulate to find out if that is something she can do.

Thank you for the help, I appreciate it.

Since the visa was approved - it is valid for 6 months (6 months to enter the US). Is this not sufficient time?

You may ask the Embassy/Consulate to extend/re-validate the Visa - the worse they can say is 'no.' Not sure how asking can complicate matters.

Before going further - it might be helpful if you were to explain briefly what exactly your intentions are.. is this family matter going to take weeks, months or years?

This might belong in the consulate forum. I apologize if I posted in the wrong forum.

My fiancee was approved for her K1 Visa and we are approaching our deadline in a few months. We would like to delay her trip to the U.S. so she can take care of some final family issues. As far as I can tell from reading various websites, extensions are not generally allowed? I also read some embassies allow it, but it is uncommon. I would just like to know if it is even a possibility or any complications that might come up from trying to do this. If anyone has some pointers, I appreciate the advice.

Also, advanced parole. I have been reading up on this and if extensions are not allowed is advance parole a good idea? I have no idea how likely it is to be approved or denied. On that same note, how long is it valid for once they you leave the country on advance parole? Or is there a limit on the time someone be out of the country on an advance parole document? From my understanding, she will require advance parol until she is granted permanent status so roughly two years. Can more than one advance parole be granted in that two years or is that unlikely?

Thank you any help you can provide.

Specifically, it says..

お問合せありがとうございます。

あなたのビザ申請は現在審査中です。当事務所での手続きが終了次第ご用意いただいたExPackでパスポートを返却致しますのでお待ちくださるようお願い致します。

ご理解の程よろしくお願い致します。

When I translated it I got roughly..

Thank you for inquiry.

Your visa application is currently being reviewed. We will send your information to you via ExPack upon completion of the procedures available at our office.

Thank you enough for your understanding.

I am curious as to whether anyone has had similar issues with Tokyo. The interview with my fiancee was on the 31st of August, and they said everything went great and congratulations. They did not ask for proof of our relationship, they had our proof from the initial submission. We had a lot to give but they did not ask for any. They said congratulations on the Visa and said to expect the Visa in a week or so. Well my fiancee called yesterday and they said she would receive an email within 3 days with more information as to why it has been delayed. She received an email the same day (today) and all it said is that they are still inspecting the Visa. I am curious if inspecting means their is a problem or just delayed due to some other issues.

I worry, if they want more proof even though they did not ask for any will they mail us with a RFE? Is there much a chance of denial after their approval at the end of the interview? I am just nervous. Any feedback is appreciated.

As mentioned by YMR, being unmarried does not equate single. Single, Married, Divorced, Widowed - (assuming one marriage), these are mutually exclusive groups. (I learned this when filling out the paper work to buy my house)

According to your time line, you have more than a month before the interview date. The price of postage of a single sheet of correct paper seems very cheap to me...

Indeed, it definitely does not warrant saving a little money on postage. I was more curious than anything. I did not know they differentiated between the two groups really.

Thank you.

I submitted every piece of document except for the I-134 with her as a widow. Which I would guess would be the least important detail considering she is single but also a widow. I appreciate the feedback. I just did not know if it warranted mailing her a new copy. Oops. She has her husbands death certificate ready and it will be going with her to the interview.

Should I be putting my fiance as a Widow or Single in her Marital status?

Her husband died and she is a widow, but I mistakenly put Single and mailed it off. I would not think it would matter, but then again I do not work for the U.S. Embassy. Any help is appreciated.

Thank you.

she is a widow and would be a good idea to submit her husband deceased certificate.

Widow (married one time) and single (never been married)

Should I be putting my fiance as a Widow or Single in her Marital status?

Her husband died and she is a widow, but I mistakenly put Single and mailed it off. I would not think it would matter, but then again I do not work for the U.S. Embassy. Any help is appreciated.

Thank you.

she is a widow and would be a good idea to submit her husband deceased certificate.

Widow (married one time) and single (never been married)

Better to give information that is not going to hurt rather than they think you are hidding something. Just my opinion.

Should I be putting my fiance as a Widow or Single in her Marital status?

Her husband died and she is a widow, but I mistakenly put Single and mailed it off. I would not think it would matter, but then again I do not work for the U.S. Embassy. Any help is appreciated.

Thank you.

In the instructions it says to submit them in duplicate. I have duplicates all signed as originals of the I-134 but only one copy of each original document from the banks and employers. I assume photocopies for all unsigned documents are acceptable or should I contact the bank and employers for another original?

I know a lot of I-134 topics are around, I just couldn't find any specific to Sponsor/Co-sponsor information.

A: The list of documents I will be submitting as evidence. Will this be satisfactory to the embassy? According to the paperwork it should be, I just want some feed back.

Documents from me:

I-134

Bank statement

Employment verification letter

Additional income letter from the VA (Veteran Affairs)

3 years of tax returns

Last 3 pay stubs

Documents from my father (co-sponsor):

I-134

Bank statement

Employment verification letter

Last 3 pay stubs

B: Cosponsors I-134. Will question 10 be 'None' for the co-sponsor since the sponsor is the one who submitted the application? On mine I of course put my fiancees name in question 10.

C: In the sponsor's I-134 for question 11 I answered 'N/A (K-1 visa process for permanent residence)', but for the co-sponsor should I put 'N/A', leave it blank or put the same thing as the sponsor's form?

Thanks for the help. I appreciate it all. VJ and its members have been a a ton of help.

I personally typed in everything I could and then very very neatly hand wrote the things that were too long.

They may have needed a microscope, but it was accepted...

Thanks. Good to know. I might do that.