nemozed

Thank you.

We had out interview in May. They were not satisfied with some of my income/mingling of finances documentation so I had to provide additional about two weeks after the original appointment. We have heard nothing from them since. Is this a sign of some problem or is it the normal processing time or are they backed up on their processing of green cards at this time.

I would appreciate the information. Thank you.

She filled out I-864 and I-864A though it now appears that she dd not have to and I did not need her as a joint sponsor. I am not a dependent on her taxes and she is not a dependent on mine. I misunderstood. I thought you had to count everyone who resided in the house as part of the family. If i can count only myself and my wife as family who are a separate unit despite residing in the same house as my mother then my income in well above the poverty level + 25% threshold for a family of two. I may have inadvertently over-complicated all of this. Good to know. (I guess I am learning from experience. Unfortunately this is not an experience I am ever going to repeat so what I have learned will have little future application).

I am wondering if it is too late to revise or amend my AOS to reflect the true nature of my living arrangements or if I am stuck with what I originally presented.

She filled out I-864 and I-864A --- though apparently she did not need to. My misunderstanding. I am not a dependent on her taxes nor is she a dependent on mine. Therefore I wonder if it is possible to eliminate her as a joint sponsor and a household member and simply make it about my wife and I as a family of two, for which I have more than income to meet the requirement.

She did submit a 1099 for her social security retirement benefits. It is the majority of her income by far. The SSI is a small additional. The official never mentioned that SSI was a problem per se . What she said her issue was consisted of the documentation, which was a table of months and payments without social security letterhead. The fact is I can afford to dispense with her SSI. She did submit a bank statement with deposits. I did as well.

My understanding was that is she resides in the household then I have to count her as a family member. If I don't then her income is irrelevant and I have a more than enough to meet the poverty level + 25% for two people.

It is not clear to me that she is rejecting my joint sponsor, only one portion of her income. Even with just her social security added to my income it is enough. Yes, I probably should have just left the SSI out of it.

The bulk of the self-employed income is for 2012 and I did submit a copy of my 2012 tax return to the officer. Obviously it is too early to file a 2012 tax return (Unless I file a 1040 ES form).

I am not on SSI myself. I am on disabilty plus part time job which totals more than enough for just the two of us +25% but I have to count mother has part of household therefore poverty level for 3 + 25%. The issue wasn't the source of income, at least that was never stated by the officer, simply the mode of documentation. I have called SSI and gotten them to send out new forms with official stamps and signature on them to mitigate against the idea that I could have typed them myself.

It would be hard to support someone on SSI. But I'm not on SSI, my mother is. Her income merely makes up the very small gap between mine and the poverty line + 25% (Well over, actually).

It is true that SSI is means tested. But it is not my mother's only source of income. The majority of it comes from SSA. It was simply the SSI portion of her income that was questioned. Actually, even if the SSI were discounted there would still be enough to be over the poverty line + 25% for three people. Of course a family member who lives in the house with you is not subject to exactly the same standard as co-sponsor who lives outside the home. She simply has to make up the difference between my income and the line.

Thank you, Hank, you get it.

The sources of my income were not questioned. The documentation was questioned. The only area where I have some deficiency may be in the proof of co-mingling, where I willl probably take out some insurance in order to buttress the evidence for that. I am subletting the place I am living in so the rental/lease agreement or utilities is not a possibility. I have already added her to my bank account, so that is taken care of.

Thank you for your responses.

A week before our interview date my wife's Employment authorization arrived in the mail. We were very optimistic.

I am on the low end of the income spectrum. When my co-sponsor dropped out at the last minute I had to enlist my mother, who I moved in with sometime earlier at her request to help her out financially, to come on as my family joint-sponsor. She is 74 and her income consists of social security and SSI.

My income is made up in part of Social Security Disabilty Income and in part by partime self-employment. My current client paid me exclusively with personal checks. I had copied all of these each time he paid me. However, some of the copies are now missing.

The officer wasn't satisfied with these, stating there was no proof they had been cased or deposited. My bank statements showed deposits on the same approximate dates and for the same amounts as the checks but did not indicate the account holder or check number. She wanted more evidence. I went to my bank and they provided documentation that the checks had been cased there, except or eight, which are inexplicably unaccounted for. I suspect that this USCIS officer will deduct the amount of the checks that cannot be verified from my total income and try to claim that I do not make enough. I have contacted my client to ask him to provide verification of the checks being cased on his end.

I had contacted Social Security and asked them to provide a transcript of all the SSI payments made to my mother in the years 2011, 2012, and thus far in 2013. They sent a table listing each month and the amount paid. Howeve, the officer claimed that this was something we could have typed up ourselves, as there as no social security letterhead on these pages. It had never occurred to me that anybody would question these forms that were provided by a government agency. I have called social security and explained this to them in hopes they can provide forms that will pass muster with this officer.

Finally, on the issue of comingling of finances: She told me that we should have a joint bank account. I have done this and now have documentation that this is so. I hadn't done it previously because my wife could not work and therefore had no finances to comingle. We have no rent or lease agreement together as we are subletting from my mother who is on the lease. I am not certain if the joint bank account is sufficient or if she will demand more evidence of comingling of finances.

I am looking for advice on additional ways that I can confirm or verfiy comingling, if necessary, and income, if necessary.

I am curious also as to whether since my wife already has her employment authorization and is applying for work whether if the money she earns from the job she may begin soon would count toward the family income and help to meet the income requirements? It seems unlikely but I wanted to check.

We have about 77 more days to provide this information and comply with her demands for evidence.

Thank you very much. I thought that was the case. But I have this nervous need to double check everything. Good to hear.

Thanks.

Does the fact that her K-1 visa expires on May 13th present any problems?

Yes, it is the Biometrics. This is only mentioned in passing, in fine print, at the bottom in a section about limited lobby seating so I missed it. Thanks.

Okay, what do we expect from that?

And typically how long after the biometric appointment do they schedule the interview?

My Fiancee arrived in late February and we were married in early March. After a few delays I filed the Adjustment of Status which they received in early April. On April 11th they sent us a notice telling us we were to appear at the local USCIS office on May 2nd. (Her K-1 visa expires on 5/13)

I am just posting to ask what we should expect at this appointment. What kind of questions will they ask? Will they schedule her Biometric exam at this appointment? I assume we should bring previous documents and notifications with us.

Grateful for any information or advice that any of you should care to send my way.

Thanks.

1. This is the simplest method yes. It's SUPPOSED to be possible to do it after marriage but some offices screw it up

2. Yes. You tick the option "eligible to work" on the SS-5 as the K1 is eligible for a work permit.

3. Yes. Though a SSN isn't required for AOS, nor does it have to be in her married name for her to file in her married name.

4. You don't need an employer statement. The only thing the I-864 REQUIRES are tax returns and for you "proof of self-employment". Return transcripts are better, especially as you're self-employed, because there are additional forms that you would have to attach to your regular return. The transcript lists them all. Those alone would prove you're self-employed. Bank statements aren't a requirement, nor are pay stubs, though they do show that you are CURRENTLY employed so if you have anything that might help.

The return transcript is from the IRS? A form? I have a 1040 ES form that I had to fill out for the Embassy. Because my business didn't start up until early 2012 and when they asked for the tax return was before the end of 2012 the only way to could accommodate them was to film out an estimated income form, which was accurate because I knew exactly what my income would be. Would this do? Or should I get another tax return and redo so that I have it to submit to them? I'm not sure the transcript would work for me. What kind of supporting documents would be required for the 1040 form or the self-employed tax form (1099?)

Thanks, quite helpful.

Thank you. Helpful.

My fiancee is flying here from Manila on Tuesday. So, we begin the phase of the process that takes place here in the U.S.

One of the sources of information I have used to guide me through this process, sources that at least on certain minor points have not always been strictly accurate, says that you get the marriage license (Naturally) and then before the wedding have her file for a social security card under her maiden name. Is that correct? Is it possible to do that for her with no work permit or anything in this country? Then you get married, then you have her file for social security card again under her married name. Is that right so far? I just want to double check with the experienced people here on this forum. Then file for the adjustment of status.

I understand I have to submit the I-864 form. That includes IRS forms and other financial proofs. My income is a combination of social security disability and self employment. My employers statement presents some problems. A contract between myself and my primary client would suffice? Canceled checks that he has paid me in lieu of pay stubs since I do not technically receive pay stubs. Bank statements I assume? Reward letters from Social Security? 1099 forms from the IRS? I am trying to make sure I understand clearly in advance everything they will require. I ask for clarification here because at times the descriptions given on the USCIS site and other venues never quite seem to address my actual situation.

Grateful for any information and advice that any of you might impart. Thank you.

I understand. I cannot provide a W-2 form. However, I can file a 1040 ES which is what some businesses do, file Estimated Earning forms and paying taxes for the year thus far. I am going to fill out one of those and file it and then provide a copy of that to the IRS and see if that will satisfy them. That way I can provide a 1040 tax form without having to wait until 2012. If the CO insists on a W-2 form (Or the self-employed equivalent thereof, the MSC-1099) then I will have to ask for an extension and wait until after the end of 2012. It is really aggravating because I provided a massive stack of documents that I thought verified and explained everything they could possibly want.

I have a co-sponsor (A family member who makes up the difference between my income and the requirement). Yes, if based on the 2011 form line 22 I would be denied because I wasn't self-employed then, my income was only from disability, which was too low. My income now is more than enough to meet the requirement but I am having trouble finding ways to verify what the income is now (Actually I thought I had done a very thorough job of verifying it but if they insist on last year's tax forms when my situation was different then I have a problem). Last years tax returns reflect my employment-income situation in 2011. They do not reflect my income-employment situation in 2012, that is the difficulty.

it may be a form they understand but it does not accurately reflect my income if it is for 2011 So they would be adjudicating information that is not accurate or current thus deciding against me most likely on this form they understand. Are they really that intellectually limited? Do they really not understand that there are different tax forms depending on how you make your income?

Thanks. Good information. But the problem is, as I stated above, my income from 2011 was too low. So, submitting a 2011 1040 form will simply reflect last year's income which is too low to meet the minimum income requirements.

I know that my clients have to fill out a Misc. 1099 form at the end of the year and give it to me. I think there is a possibility that this can be done quarterly. I have to check that out. I am wondering if the IRS will accept an income form for one or two quarters from this year as at least partial verification of my income for 2012?

I was planning to call them today when they open. And also e-mail and/or fax them. I already included all the evidence and explained the nature of the income an my situation in my employment statement. It makes me wonder if they bother reading the stuff I submitted. All the details are already in there. But thanks I will attempt to establish a dialogue with them.

My income was too low in 2011 and my sources of income did not involve using a 1040 form. I received a 1099 from Social Security. They want W-2 and 1040 from last year. But I did not get a W-2 and 1040 last year become of the source of my income and the amount of my income. So, the 2011 forms do not exist and would not reflect enough income to meet their minimum requirement. I started a business in March 2012, self employed. My income is a combination of self-employed income and disability payments. No, there are no 1040 forms or W-2 forms available for 2012 that would reflect my current income (And you don't get W-2 forms if you are self employed, at least as I understand it). I sent then a ton of documentation verifying my current income but they seems to be mechanically stuck on the idea of W-2 forms and 1040 forms.

A tax transcript would only reflect last year's income, wouldn't it? My income and employment situation was different back in 2011.

My Fiance just had her interview. Apparently they want me to send a W-2 form and a 1040 Tax form. I just started working at my self-employed job in March. I was on disability. My income is a combination of disability and payments from my home business. I have a 1099 form provided by social security, their equivalent of a tax form but it is from last year since it is too early in this year to have received on (And too early to have a filed an income tax form on my other income and I wasn't making the other income last year). I furnished cancelled checks from my current client going back to March, proof of income from social security, Tax Identification number, EID, Business license, bank records. I am not sure how to meet their requirements in the absence of the ones they requested.

I also unclear once I have something satisfactory to send them how to get it to them in a timely fashion. Can I fax the forms to the Embassy? Or do I have to express mail the forms to them?

Thanks.

My fiancee is getting ready for make her interview appointment in Manila. One of the things on the checklist of things to bring is three different photos of herself. I had her get passport photos earlier. She has more than three copies of the same photo. But do they have to be three different photos? Three different passport photos? I want to make sure she has the right kind of photographs, the kind of the officials at the consulate are looking for. Can anybody provide clarification on this. Thanks.

Yes, I thought so. But just making sure. They ask me for things I've never heard of and I start second guessing everything. Thanks.