city2countrygirl

what kind of documents you sent the first time? and what documents you are asking them now

what kind of documents you sent the first time? and what documents you are asking them now

Well... I sent in copies of a lease, utility bills, insurance docs, bank account, photographs and letters to a shared address, copy of drivers licence and all I could find to show that we were living together as a couple, we've had a rocky road together and dont have as much documentary proof as we'd like to have sent but it was all that we had so I sent it off and hoped for the best and now this....so its back to the drawing board, beginning with the affidavits and we're going to get a will drawn up and possibly some life insurance and power of attorney and hope that this will assuage them, I'm not afraid of a Stokes as our marriage was made in good faith and despite our problems, we're working them out and want to stay together.

Hi Guys, well its a while since I've been here, my journey has not been without its sticky bits, but I've got to this now and I've got an RFE. I'm planning on sending in some affidavits to help support our marriage and I'm wondering if they can be from family as well as friends and, as far as I can see from USCIS they dont need to be notarised, I'd appreciate some feed back if possible, I know there are posts here on the subject and I've trawled on here and other sites but I havent' yet found the answer to my questions. Thanks a lot !

Well I was really hoping we'd have the green card by today. I wanted to have the whole process, from petition to AOS done within a year, but I guess we're not the lucky ones. We got a response from the Senator yesterday. He included the response from CSC, which just said that we're still within standard processing times, which is SIX MONTHS from the date CSC receives the application. It's bullsh*t that they essentially restart the clock after transfer. That means we can't place a service request until June. I'm just frustrated seeing January filers getting approved while we're still waiting. I had a bad feeling from the start that we'd get lost in CSC.

Anyway I'm trying to not dwell on it, but my husband can't get a drivers license until he has his green card, so that's the biggest hold up issue for us.

/end pity party.

I wish I had your problem, I wouldn't mind waiting if it meant not having an interview ! mine is scheduled for next week and we have to jump through hoops to go to it as my SO is away working right now, and I was under the impression that a US drivers licence was easily obtainable if you had an SSN -which I got very easily..Good Luck with it all anyway and happy Paddys day tomorrow

Don't sweat it guys,I to had an interview and all kinds of things went threw my head...was pissed because It didn't go to California,anxiety all for nothing,it was a simple interview and ended up being a blessing because I got the green card in no time..Lot of people who's applications get send to calafornia end up waiting for months,and some even longer:)...the interview is actualy a good thing.

Thanks for taking the time to reply Joe and ease my worried mind as Vero says It Is What It Is - there's no way around it. There is very little evidence on these forums of anyone being refused (except under complicated circumstances)so I'm sure we'll be ok but will be glad when its all over, it has been a trial I can tell you. Will update here soon. Good Luck everyone coming up to their interviews

Hey city2countrygirl,

I am in the same boat as you! Received an interview letter and was sooo disapointed! I thought we'd get the transfer to CSC too... We have a bunch of people in the Canada forum, and we're keeping track of our progress since our K-1 interview. And so far, out of the 7 of us who have filed their AOS, 5 of us have an interview. I don't think it's anything to worry about, I mean, they do have to do their job and screen for fraud.

We live with the in-laws as well, and this is what we're gathering as evidence: I have made a scrapbook of photos of us since we started dating, and it goes until last xmas. Nothing too fancy, we have maybe 25 photos (we're not huge picture takers!), I have a letter from our vet, with both our names on it to show ownership and same adress (it's just a list of all the appointments, what was done, blah blah blah), we have a letter from his life insurance showing me as beneficiary, and we have our joint account documents. I was thinking of preparing another affidavit of support since we're right in the middle of the tax stuff, but I'm not sure we'll do that since we already submitted it with the package...

All in all, just try to focus on the fact that your relationhip is legit, and gather everything you can to prove that.

I don't think they pin-point who has an interview and who doesn't... It is what it is, so we have to make the best of it!

Hi Vero and Chris, thank you for your reassuring post, it was much appreciated - I have only just seen it ! We will just have to take with us anything that has our names on it (we're not ones for photos)and hope we dont get asked any difficult questions, and as you say- we know our deal is legit so there is nothing to worry about I have just received my AP and even though its not worth me travelling home for just a few weeks, I'm taking that as a good sign And the best of luck to you at your interview

I think what you have is enough for a K1 to AOS interview. Take your original certified copy of the marriage certificate.

On a side note: If you were married in 2010, you can file taxes jointly and will get a better refund (or pay less taxes).

[/quote/thanks for all of your replies, I was just worried that we had been singled out because my SO (the petitioner) is on disability and wondered if almost all K1 AOS ers had to go through this process :blink(noting that you did not - you lucky thing) anyhoo it doesn't make much difference really except if we thought this was the case we could go forearmed with some answers to possible questions in that regard

What visa are you adjusting from?

From a K1..I filed in October but had a two month delay due to an RFE . I will get my dates together and put down my timeline soon...promise

What about submitting affidavits of relationship from family members, friends, etc.? That used to be (and perhaps still is) one strategy for showing validity of relationship. The ones I've submitted in the past were letters attesting to the marriage. Getting them notarized requires the party writing the letter to appear before a notary and pay a minor fee.

Another strategy I used with my I-30 packet was a scrapbook/journal that included photos and a sampling of day-to-day happenings between us (when we talked on the phone, met on-line, other stuff).

What about your tax return? Did you file jointly?

Are you and your husband listed as each other's beneficiaries for any insurance policies, bank accounts, retirement accounts, etc.?

It would be a good time to create ande/or update your wills (you each need your own). In the will, you can name your spouse as heir (even though by law, your spouse already may be your primary heir), and you can make behests (itemized gifts), where you detail personal items you want to give to specific people including your spouse.

Last, but not least on my list of "proofs" of relationship: Letters, e-mails, and gifts you've given to each other...

Hi Valentines wedding and thank you for your comments and advice, I will certainly be using some of your suggestions, although we haven't been together long enough to file tax returns and have no insurance policies as yet. Do they really ask you silly questions like how many sugars does your husband/wife take in coffee ? and what side of the bed does he/she sleep on ? I mean...really ! I guess I will trawl these forums and try to pick up some tips...I remember a post from someone last year who said if she had known how difficult this process was, would never have started it in the first place...now I know how she felt ......not really

Hi again folks, well...I finally managed to complete and submit all of the AOS package to their liking and I've just been informed of my interview date. I was hoping that it would be transferred to CSC and skip this part but alas..it hasn't been easy so far and I had no reason to suspect it would go any different now Anyhoo - question : does everybody get an interview (except those CSCs) or is it something I need to concern myself with..we live with his parents and he is on disability at the moment, we dont have much evidence of our togetherness like utility bills, shared medical stuff, or insurances etc.,and are hoping that our wedding photos and birthday cards sent to our address and shared bank account will suffice, any comments on this are, as always welcome thanks

Hi Carl

Thanks for the message....

I am here in the USA, I moved over to Hawaii to be with my wife in November 10th, it was a bit of a hassle going through my point of entry, I had to explain to the officer that I was entitled to a 10 year IR1 Visa/Green card and not not what she was doing the paperwork for which was an CR1 (2 year visa/greencard). Of course she did not like me telling her, her job, but she did relent after she verified this with her supervisor that being married 2 years prior to entry qualified me to a IR1 visa.

After this things have gone a lot smoother, I received my Social Security card after 2 weeks and my impressive looking Green Card after 3 weeks, I have a mobile phone and a car, now I am looking for a job, which is harder than I first expected as most of the I.T work on Oahu, Hawaii is linked to the military and to get employed you have to have secret clearence, which you can only get if you are a US citizen..

So I am reduced down to the lower end of the I.T market and have sent out several resumes but only one interview so far.

I hope I will be employed by the new year.

Anyway Congratulations to you, well done for getting approved. I hope all goeswell with you, keep in touch.

Have a happy Christmas and a fantastic new year.

Regards

Andrew

Hi Andrew and Traci, I haven't been on here for a while and decided to check on you guys and I was really happy to hear of your news, and wish you all the best I'm sure you will get the dream job you desire but in the meantime you're living in one of the most beautiful places in the world. I am in Texas still and waiting for my AOS to go through and get my AP so I can visit my folks in London, even though its snowing and freezing there I miss it very much. I hope you will be very happy there and I want to thank you both on behalf of everybody you have helped on VisaJourney, the world is a better place with people like you C2C.....Oh and any news of Julie Please ?

Thanks all for your replies, this makes things much simpler for me as I didn't know whether I should get a lawyer to even figure out what they wanted, as it was a little obscure. I overlooked providing proof of citizenship and as my hubby was born out of the US I suppose they're thinking that my father in law is something other than a US citizen. It all makes sense now that if for that reason they completely disregarded my FILs I-864. I will send in a copy of his Birth Cert, with any other tax info we can scare up and more proof of his assets and keep my fingers and toes well crossed,

Your husband is obviously not qualified to be a sole sponsor, so forget about his I-864 for now. Let's focus on your step-father.

There are two things you need to prove with an affidavit of support. First, you have to prove the sponsor is eligible - this means they are a US citizen or LPR who is domiciled in the United States. Second, you have to prove they are qualified - they have sufficient income and/or assets for their household size, which includes the intending immigrant.

Proving the sponsor is eligible requires proof of their status. If they were born in the US then a copy of their birth certificate will suffice. For any US citizen, whether native born or naturalized, a copy of their US passport will work. For an LPR, a copy of their green card will do. Did your step-father include any of these with his I-864? If not, then he didn't prove he's eligible to sponsor.

Proving the sponsor is qualified ALWAYS requires a copy of their most recent tax return or an IRS transcript of that tax return. Beyond that, you send any additional evidence necessary to prove whatever is written on the I-864. Further, USCIS can request additional evidence if they aren't satisfied with the evidence you provide. If the sponsor claims income on the I-864 which is above what is indicated on line 22 of his 1040 tax return form then you have to submit evidence to prove his income is actually higher. If the sponsor can't qualify on income alone, and needs to use assets, then you need to submit evidence to prove that the sponsor actually owns the assets claimed, and evidence to prove the value of the assets. The assets further have to meet the requirement that they can be converted to cash within 12 months without undue hardship or financial loss to the sponsor.

So, did he include a complete copy of his most recent tax return, or an IRS transcript of that return? Was his income on the tax return sufficient to qualify? If not, did he list assets on the I-864? Did he provide proof that he actually owns the assets, and proof of the current value of the assets? For example, if he listed real estate then he'd need to submit a copy of the deed, a recent appraisal by a certified appraiser, and documentation to show any mortgages or liens.

Hi JimVaPhuong many thanks for taking the time to reply and I appreciate your comments, however I did not see on any of the instructions for the I-864 that my father in law had to supply any proof whatsoever of his citizenship. he is indeed a US citizen, as is my husband. And as I said in my original post, he did send in the required tax returns but since his income did not qualify why would they be looking for further tax info ? and his assets more than cover the required amount for the household size. The letter also says: submit evidence of assets that meet the federal povery line or obtain a joint sponsor ?????? It is the joint sponsor that has supplied the I-864 ..this is what has me curious about their efficiency

Hi again, well here is my question (as forewarned) on my I-864 quandary : the RIE i received has asked that I send in tax information, proof of joint sponsors status and states that his income does not cover the poverty guidelines., My Hubby indeed does not make enough to reach that guideline at the moment and we submitted an I-864 from him and one from his father (our joint sponsor) who lives with us, who was born here, who sent in the tax information and whose assets more than cover 5 times the requirement for a 3 member household..Is it possible that they have completely overlooked his I-864 and are only taking into account my husbands (who also sent in tax info but was not born here-but naturalized at age 6) - hence the request for proof of his nationality ? I mean they do have a heavy workload and it is the holiday season etc., any observations on this would be welcomed please

Thanks Guys, I guess I wont be seeing my Mum for a while then

What is the tweaking? What needs to be fixed or changed on it? Cant really help or share if we dont know the exact issue that your having with the form.

Hi Inky, thank you so much for replying, but I dont have a definite question to ask yet re the I-864, (its pertaining to the income/asset/ poverty guideline question)as I do not have the paperwork here with me right now, and I'm hoping to have it cleared up as soon as I get down to it and I'm sure I'll be asking questions then. However my main worry at this moment is my AP which I was hoping would be through soon as i need to go and visit my mother in London, so I want to know if this will be held up until the I-864 problem is sorted. Thanks again

I sent in my AOS package and have recently been notified that my I-864 needs 'tweaking' - and I have 90 days in which to do it. I also applied for EAD and AP and am wondering if these will be held up while its being dealt with ? I have my Biometrics in 10 days. I will still trawl here and other sites to problems similar to mine but in the meantime if anyone could share their knowledge and/or experiences with me I would be most grateful. thanks

[/quote)For what its worth, I got my NOAs on 25th October and have an appointment on 20th December in Houston. You might want to check up with USCIS to see if it has been sent and got lost or something as it would seem like you should have it by now and you dont want to miss it, I know every case is different and I thought mine was particularly slow in coming compared to others here.

If you all live in the same house, your FIL will fill out the I-864A

Also, I assume that FIL and MIL file joint returns, so be sure you provide documentation of his specific income (W-2 should be sufficient)

Many thanks for your reply but can anyone tell me what the difference is between a joint sponsor and a household member contributing to the overall income of the household ?

He would include what paystubs he has now, a letter from the employer (date started, type of employment, salary) along with the tax data for 2009 (I would suggest adding 2 more years (2007,2008) to show steady employment).

If his current income is sufficient, and he can prove it, no need for a co-sponsor.

Thank you for your reply, however, as stated - he doesn't have any paystubs yet and it wouldn't be appropriate to ask his employer for anything at this early stage of his employment, and he cannot show steady employment for the last year or the preceding two years either, so we have a very willing and satisfactory joint sponsor. I just was curious to read any other scenarios like mine, thanks again

okay you're making it more difficult than it has to be. First, have a read of the I-864 and the I-864A. You can see the I-864A is basically just an authority, the I-864 is the one with all the info.

The I-134's are irrelevant now. Completely irrelevant.

Here are the facts:

- Your husband lives with your FIL and MIL

- your husband does not meet the 125% of the poverty line for a 2 person household ($18,212)

- your FIL's income, together with your husbands DOES meet the 125% of the povery line for a 3 person household

So, because your husband (and you) live with your FIL and MIL, your husband would complete an I-864, adding his father to the household count in order to be able to use his fathers income, and then add his fathers income to the "income" field in the form.

Both your husband and FIL would provide tax returns for 2009 and the other supporting documentation.

Your FIL would sign the I-864A to authorise your husband to use his income towards the household income.

Your MIL isn't included here. So your household size is 3.

Thanks for your reply and that would seem straightforward enough for anyone to understand.

Im sorry if I appeared a little AR its just that trolling these forums one sometimes gets conflicting answers and as I've spent quite a lot of time looking for my answers before posting here I've seen a few differing opinions.

One being that you either have a joint sponsor OR a household member contributing to the household income and I was under the impression that my FIL was my joint or co-sponsor necessitating an I-864 and NOT an I-864A as you suggest.

Can my FIL still live with us and complete an I-864 instead of an I-864A as I feel it would impact more favourably

Hello VJers, I hope somebody can help me on this (yet another)question, I am trying to get my AOS papers in and am stumbling on this form, my husband was out of work for most of last year but has just started a new job, should he put down his projected income for the next year and as he doesn't have any pay stubs etc., would they accept a letter explaining his situation, we have a joint sponsor who can meet all of the financial requirements. many thanks to anyone who has had this experience themselves.

AAannnddd - as my father in law sent in an I-134 along with my then fiance to get the K1. I assumed he was the joint sponsor, that being the case is it not possible to have him as a 'household member' ? if not, does he just have to file an I-864 along with my husbands ? this is so darn confusing

Hi Folks, sorry I just looked at the I-864A and it doesn't ask for household size so scratch that last bit. I guess I just need to confirm that the husband is 'The Sponsor' as they both sent in I-134s but my Hubby has nowhere near the funds and/or assets to cover the poverty line requirement.and that the household size is '3'

As stated your father-in-law would complete and I-864A (not an I-864) and his income could be used to "boost" the household income.

Household members (on your husbands i-864) would be:

1. You

2. Your husband (he's on the I-864)

3. Your father-in-law (because his income is being used)

Your mother-in-law can be excluded because her income isn't being included, and because your father-in-law's income doesn't need to exceed the 125% of the poverty line, it just need to help "boost" your husbands income. If he completed an I-864 his income would need to exceed the 125% of the poverty line and your mother-in-law would be included in the household size (but like I said she isn't included because he fills an i-864A, not I-864).

Hope that makes sense

Thank you both for your informative replies, does that mean that the Sponsor (hubby) puts in household size of 3 but the Father in Laws I-864A household size is 4 ? would that be ok, I would have thought that both would have to tally also when I submitted my application for the K1 I sent in an I-134 from the father in law, who had the most funds, and thought that he was my sponsor. sorry for being so lame but its so confusing . thanks again

Hi Guys, I married my US SO on a K1Visa and we live with his parents, his Dad is our joint sponsor. We are applying for AOS and I'm not sure if he (the dad) is the first of two joint sponsors or the only joint sponsor, also on the fathers I-864 Q21 © he has checked: 1 as he is married, making 3 including me but not my husband as he is not a dependent and does not fit into any other category required. Is this right ? and as my husband is the petitioner and sponsor (i think) on his I-864 should the household size be only 2 (him and myself) I hope I've made myself clear, its so confusing and i've looked everywhere for the answer but in the end have had to ask you good knowledgeable people for the answer. Thanks for any help and advice