jelti

I hate Florida.

But I must admit, I absolutley love bad weather as long as there's no serious damage.

Hi Everyone!

Regarding this post, Aidan and I have put together our RFE packet and plan on mailing it out this evening.

This packet includes:

*the original RFE letter

*a very detailed letter explaining our financial circumstances

*the letter from my employer

*my last 7 paystubs

*photocopies of my passport stamps showing I was living overseas and could not work

*some other miscellaneous additional evidence

I've attached the letter that I wrote in hopes of gaining some insight from you guys. Do you think the letter explains our situation? Have we left anything out of our packet? Is the letter too detailed?

Please keep in mind that I wrote this letter while very frustrated and stressed; my writing usually does not go into so much (unnecessary) detail. I like to keep things short and to the point, but when I re-read the letter this morning, I kinda liked the way it sounded--almost a bit desperate to prove that we're doing just fine and will continue to do so if given the chance. But, I'm not sure if the USCIS will like it. So please, give me your opinions. Aidan and I would greatly appreciate it.

Thank you all so much in advance!

Awww...it sounds like it was wonderful!

And hello to a future fellow-Floridian. Glad you're getting here after TS Alberto leaves though.

I could never find someone who would love me as much as he does.

This, and other things that you have said, worries me. You should not feel pressured to drink alcohol, you should not feel uncomfortable with his family because HE says you aren't social enough, and the walking ahead of you thing? Complete total DISRESPECT. My husband will not walk ahead of me, I will not walk ahead of my husband. We're a unit, we walk beside each other. It may seem petty...but to me, this is a big one. You two are equals and should be by each other's side.

And yes, he does seem to have a porn addiction. One that he will seek help to get rid of if he cares about your feelings enough.

To me, these are the very beginning signs of an abusive (not necessarily physically abusive) relationship. I truly think the two of you need to get to a marriage counselor asap.

Good luck, you're in my thoughts.

My mother did almost the same exact thing when I was first considering moving to Ireland with Aidan. She said something like, "Why don't you just move to Tampa and finish school...maybe you'll meet a nice guy." I'm all, "####### Mom?! I have a boyfriend who I love, what are you talking about?!" She went nuts and said, "Well he better love you enough to send money for a taxi to the airport, cuz I'm damn sure not taking you!!!" and then she stormed off! She flipped out like that quite a few times before I moved, and finally settled into a sad form of contentment.

My mama is my best friend, always has been. I go to her with absolutley anything. I think she was just going crazy because she knew that I truly was moving across the ocean, she was afraid for me--but she also knew that she couldn't hold me back for the wrong reasons. That's why she finally broke down and let go...

That was almost two years ago, and she's, of course, very happy that I'm back. She knows Aidan and I are considering moving back to Ireland though (unless things continue as they are and he's forced back...long story...), and every time I bring up the topic, she gets very sad and quiet. I can only imagine how heartbreaking it must be for her...because it breaks my heart every time I think about leaving her again.

Hi all! I was just filling out the I-864 again for our upcoming greencard interview and I began to worry about something. It says that income for the past 3 years will be taken into consideration. Well, I just graduated in December and so for all intents and purposes, I didn't have income for the past 3 tax years. I've been employed full-time since late December though and know that my current income more than meets the requirements. I've already made about $13K this year and our requirement in is about $16K. Do you think we would still qualify taking that into consideration? Thanks.

You would definitley think your income is sufficient. I know mine was. And I got an RFE. You might not, but it is definitley possible. If I were you, I would include a cover letter explaining how you were in school and just graduated and now hold a very steady job etc. Good luck!

Probably any of those things can happen, Melissa, but I wouldn't panic. Even if the worst-case scenario comes to pass and Aidan's AOS is denied, the beauty of your having waited out the K-1 process is this: You have the right to appeal. So thank your lucky stars that you had the sense and patience to go through with the K-1.

If you do file an appeal, Aidan has permission to stay throughout the adjudication of the appeal, and you can argue your case directly before an immigration judge. So even if a denial happens (and honestly, from what you've told us here, I think you have a good chance of success), you're still not toast just yet.

Stay strong, stay focused, and BEST wishes.

Thanks, Pax. That's good to know.

I've got one more quick question for you guys...

Does anyone know what will happen if we send in our RFE and it, too, gets rejected? Will they ask Aidan to leave the country immediately, will they ask for another RFE, will the case continue to be processed but Aidan will immediately be denied at the interview?

Anyone have any ideas?

Yodrak, thank you for that very valuable information!! We're going to send back the requested info asap.

This is a difficult situation ..... can't you beg your mother?

ETA: I already have. Last year, numerous times when I thought I needed a cosponsor just to get Aidan into the country. We were prepared for Aidan to get denied at his interview because we just could not get a cosponsor.

I begged her again before I sent away for Aidan's adjustment of status. She can't and won't. And honestly...with the stuff they ask on the I-864, I really can't blame her. It's just too much to risk.

Thanks guys, we really do appreciate all the advice and kind words.

Does anyone know how to go about scheduleing an infopass appointment? What are you guys' thoughts on this? Do you think this could benefit our case? We could bring all our documents showing that I make 125% above the poverty guidelines and prove to them that I've been supporting Aidan for the past 7 months.

How do I schedule one? What happens at the appointment? Does it cost any fees?

I sent in a certified copy...they were $2.50 each at City Hall.

Melissa and Aiden,

I feel your pain completely. Sean and I have NO ONE to ask either. Seems like there is not much

understanding of this sometimes. I just have NO options for a co sponser, and without getting in to

personal details of each of our lives, if you say you have no sponser or potential sponser, I think

it's more respectful just to believe you and try to come up with alternatives.

Our problem is the same. I do not have tax returns for the last few years, having had a stretch of

very bad financial luck and large gaps in unemployment.

Other than a letter from my employer now, which states my CURRENT income and the fact that I am

a long-term, permanent employee, I have NO proof. It just happens this way sometimes.

Now, if you've been here, both working, and making the 125%, did they say that showing pay stubs, bank

statements, and employment letters did not suffice as proof?

What exactly was it that you were able to submit?

Seems to me that if your household currently meets the requirements, all else should be immaterial...

Ah, lovely immigration.

Thank you so much for your very thoughtful comment.

Aidan's been here since November, but not able to work yet (no EAD, and no temp EAD as he didn't fly in through JFK). I was at a not-so-nice job making just barely above the poverty line until about four months ago when I got this job. Now I'm making way above the poverty line, and we provided them proof of that when we submitted our AOS packet. We sent paystubs, letter from my employer, and bank statements. We also, however, submitted my taxes (as requested) which didn't have more than $5,000 worth of income for 2005--because I was living with Aidan during most of that time, and a full-time student in Scotland the year before that.

We're just completely stuck right now...I mean, we were planning to eventually go back to Ireland anyway...but not this soon, and not this broke.

Try writing a cover letter first explaining your situation and see what they say. Don't give up all hope just yet.

We're planning on doing that at the end of the 87 days...the reason we have to do that at the end, though, is because if they deny us, we'll have to go back immediately. At least we'd have 80-somethin days to save up some cash for plane tickets...

I know that your frustrated about the answer about getting a co-sponsor, but in your case, I think that is your only option...

That's what we were afraid of...

Thank you for all your help.

This is Melissa, up there was Aidan--he posted under my name by accident, lol.

Pride is not an issue. We have literally exhausted all options. I have only two family members here: my mother and my little brother. Well, and my husband, too. My mother cannot/will not cosponser Aidan. My little brother is just that: my little brother--he's 18 with a girlfriend and a two week old baby.

A lawyer is also out of the question. We have absolutley no extra funds whatsoever.

Thank you for your advice, though.

It seemed that you had a lovely wedding.. who were the guests... I would start asking them...

Thank you, zyggy, but we are simply wondering if anyone has any ideas besides "get a cosponsor". I do have friends, but they, like me, live in small towns in Central Florida and most of them make minimum wage. I'm not sure why people seem to think it's so easy to just "get a cosponsor". We simply cannot do it.

We do, however, want to make this work. So we are simply looking for other suggestions and/or ideas.

Thank you again.

This may be crazy, but I'm just trying to throw ideas out there. Do you know anyone that, even though they aren't willing to take on the responsibility of being a co-sponsor, might be willing to temporary sign over some assets to you?

I know there might be tax issues involved, but maybe there's some way to get around it with family members....

Jenn, thank you for that, it's actually a wonderful idea...but my only family is my mom and the only asset she has is her house.

This is Melissa, up there was Aidan--he posted under my name by accident, lol.

Pride is not an issue. We have literally exhausted all options. I have only two family members here: my mother and my little brother. Well, and my husband, too. My mother cannot/will not cosponser Aidan. My little brother is just that: my little brother--he's 18 with a girlfriend and a two week old baby.

A lawyer is also out of the question. We have absolutley no extra funds whatsoever.

Thank you for your advice, though.

I know I posted essentially the same thing yesterday but I wanted to repost and explain something’s including what the RFE notice said.

"This office is unable to complete the processing of your Application of Register Permanent Residence or Adjust Status, (Form I-485) without additional information"…. "You must submit the information within 87 (eighty-seven) days to the following address"… "Failure to do so will result in a denial."

"(11) We are unable to determine if your household income meets or exceeds 125% of the federal poverty line for the household size claimed on Form I-864 based on the documents submitted with Form I-864. Submit proof that the petitioner’s household income meets or exceeds 125% of the federal poverty line. If the petitioner’s household income does not meet or exceed 125% of the federal poverty line, you must obtain one joint sponsor whose household income meets or exceeds 125% of the federal poverty line for the joint sponsor’s household size."

I’m assuming that means.. get a co sponsor (which we cant, we’ve more chance of winning the lotto ) or prove that we meet or exceed 125% of the federal poverty line (which we more than do ).. The only short falls in Melissa’s income to show she may not be able to support me (even though she’s more than supported me for 7+ months now and am far from starving or “sponging off the government” !) would be present in her past 2 years tax returns, where for one year she was at University in Scotland and the second year she was with me in Ireland! Of course this year we’re both together in the US therefore her new income which exceeds 125% of the poverty line only starts when she returned the US in the last year to start working so she could get over the 125% poverty line so she could send the original affidavit for my K-1 interview!

Problem we have now is, if we resubmit everything right now and explain everything in a cover letter and we then get denied after that, we’re really screwed ! We have no way to pay for a plane ticket for me to leave the country; we need all the time we can get to raise cash just in case. Anyway if I’m forced to leave I’d be going back home to nothing, I’ve nothing left back there apart from some family & friends! I have no job, I have no house or flat and I’d have the dole cue to look forward to and possibly a government housing waiting list .. yay that’s fun! Obliviously Melissa would come with me but what would we do? She’d also be as unemployed over there as I would and it would take a very long time to get back on our feet again. Obliviously we wouldn’t just remain unemployed for ever back home but it’d make things undeniably difficulty to restart our lives a second time within a year.

My apologies for such a long post.. I’m open to all and any options…

I think you have to be a special kind of deranged person to get pugs but in the end they're nice dogs haha.

My wife had a successful AOS interview in St. Louis, Mo. on October 19th, 2005. She got the letter and her passport stamp but nothing ever happened after that. No welcome letter came and no green card came. I called repeatedly to the 800 number and was told they would get back to us in 30 days. My calls just made more silence. Finally I got a USCIS person who told me to assume it was all lost and mail info from that interview to the Lee's Summitt National Benefits Center along with an I-90 form. There would be no charge since we paid already.

Our paperwork was recieved on April 17th, 2006 according to the return reciept, but we have heard nothing from the National Benefits Center. No letter of any kind and just more silence.

Does anyone have any idea as to WHY we cannot get anything out of these people?? It's as if we don't exist. The last online info at USCIS says our case was resumed on June 3rd, 2005. All inquires to the USCIS as per the above only produce SILENCE. Just promises and silence.

Should I write a congressman?? Does anyone have a clue?? We are lsot here.

Have you made an infopass appointment? Others here on VJ seem to have had some luck with that.

No way, absolutely DO NOT GIVE UP! You can get through this and so will we. As Mermaid said in my thread, it's a totality of the circumstances. We will be resending in the I-864, with paystubs, with 3 years tax transcripts, with an employment letter and a letter explaining the shortfall of income for a very short period of time, drawing attention to the fact that more weight is put on current income.

Dry your eyes and please don't quit

But see...we sent exactly that the first time. The paystubs, three years taxes, employment letter...the only thing I didn't include was a cover letter explaining everything, even though it's obvious through dates and such that I was overseas living with Aidan this past year, and a full-time student in Scotland the year before! They know all of this!! Aidan and I are both afraid that if we simply send back the same information with an attached cover letter, they're just going to deny us right then and there...

When you give them what they need for the RFE it usually gets them moving on your file - in fact the fact that you GOT your RFE means they were working on your file and it wasn't just sitting in someone's pile someplace. If the RFE IS for a medical it's really relatively simple to fix - a medical doesn't cost a thousand dollars - if you had one in your home country and you have your vaccination certificate so they can transfer the information it's a mere formality. Mine took me thirty minutes (most of which was sitting and waiting) and cost a hundred and fifty dollars.

I know it's frustrating, but your case is really moving quite quickly compared to some peoples...

Thank you for the advice, but our RFE turned out to be proof that I make 125% above the poverty guidelines...which I do--and they have that proof.

However, I did NOT make 125% above the guidelines for the past two years, and this shows on my 2005 taxes.

In short? There is absolutley nothing we can do but go back. We cannot get a cosponsor, we cannot get an immigration lawyer, we cannot do anything except go back to where we started from...

We got ours today, dated June 2, postmarked June 5.

It was for proof he makes 125% of the poverty guideline.

Here we go again... during November 2004 & March 2005 my husband had a low paying job, he just moved back to where we live now (from Austin to San Angelo, TX), that is the only time during the last 5 years that he didn't make over the poverty guidelines. At the end of March 2005 he started re-working for his father as an electrician, making over the poverty guidelines. His 2005 tax return was under the 125% because of the 3-4 months employed at the the other place.

His letter of employment stated that he makes over the required amount, works fulltime, has since March 2005 and will be taking over the business.

We did include his 2004 tax transcript and a copy of his 2005 return along with his 1040(s) and W2s for 2005.

What can we send them to satisfy their needs?

We got ours today, as well. It was also for proof that I make 125% above the poverty guidelines--which I do, and they already have all the proof. I, like your husband, also had a 2005 tax return that was under the 125% line. There is nothing more we can show.

We cannot get a cosponsor. We are screwed, and will probably have to leave the country. Right now I feel completely emotionless. We've come as far as possible, and now we can do nothing except go back.

Good luck, Carrie.

Hi Guys:)

So I guess our RFE is not a screw up,because I received this morning mail from USCIS asking for evidence that I have a pending form I-485.I sent it back right away and now I really hope that my EAD will get approved next week

Good luck to all of you

Ah, so your RFE was regarding your EAD?

And I'm glad you got it sorted!

I am so curious my REF

I will post when I recieve the letter what they want..

Have anyone already recieved the RFE letter?

Yep, we just got ours in the mail about 15 mins. ago. aidan80 is going to make a separate post about it, because I'm too upset to do it...