AnD

I think if you can, have him get tax transcripts from the IRS, include the W2s. Include the pay stubs (LES) you put before plus any newer ones he has too. Then stick on a letter stating his deployments and the non taxability of deployment pay. If he figures out what the sheets were that I mentioned before see if he can get thos too. ( sorry husband is currently deployed himself or I would ask him LOL )

It would be weird that they wouldnt notice he was military.. I would think it is general knowledge that their deployments are not taxed.

Thanks Inky for being super helpful!!!!

From whoat you've stated above it sounds like you submitted the 2009 tax return without any of the supporting documents (such as W2, 1099, and any of the tax schedules ( these are forms that are filed in conjunction with a tax return). The RFE is asking for the missing supporting docs. I suggest that you submit a complete copy of the package used to file the tax return. Or, you could obtain the free of charge tax transcript ( Tax Transcript Info ) by calling 800-829-1040 and send that instead of all the documents.

A Schedule is something that a filer provides, not the IRS. You may have confused the terms.

Ah! Sorry. Since I'm not the US Citizen, the whole tax filing terminology and documentation confuses me! So what is a tax schedule exactly? I've got something labelled a tax schedule for 2009 but looking at the page numbers it seems to be over a hundred pages long. Surely you don't submit that every time you file your taxes? Is this it? and we have to send that? http://www.irs.gov/pub/irs-pdf/i1040tt.pdf But you say the tax schedule is not provided by the IRS? Where do you obtain a tax schedule? I'd rather not have to wait for a tax transcript, if we can do without.... Regarding 1099, not everyone files that, do they?

I cannot for the life of me.. remember what the sheet is called.. But my husband was able to get a print out of the pay grade sheets and a print out of his job information showing his rank pay etc. We stapled the two together and included LES and W2s and tax transcripts that we got from the IRS. I highlighted the YTD on his LES and a couple of the boxes on his W2s.. ( sorry cant remember which ones on that i think one was the SS box.. and the other was the total box) We also included the sheet he was able to print out showing his upcoming pin on that showed new rank, new pay etc.

We had the same thing really low taxes because of deployments but we didnt get any RFEs. I highlighted everything that showed total anual pay and stuff.

Not sure if thats any help! sorry.

That helps a lot already! Did you include a cover letter? I'm going to copy your post and send it to hubby now, hopefully he can decode all your acronyms haha! Thank you!

Still wondering about details of responses for anyone else who might have gotten RFEs for their I-864 and not because they didn't meet the poverty level or had co-sponsors. Our case seems so clear (to me) but obviously it's not to USCIS... *sigh*

Hi guys,

I need some help! We are filing for AOS and received an RFE relating to the I-864. We meet the poverty guidelines but because my husband has been deployed a lot since 2007, the taxable income is misleading (since their income is tax exempt during periods of deployment).

With our original pack, we submitted 6 months worth of pay stubs, which included a roll-up of the annual income FOR 2009. We also sent the tax returns for 2009, 2008, and 2007 with an explanation of why the taxable income appears low.

The RFE now asks for:

"Submit all supporting tax documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service from the petitioner/sponsor on Form I-864, for the most recent tax year".

So we've got the W2 for 2009 and the tax schedule for 2009 (which was a bit weird since he never submitted a tax schedule to the IRS since they produce it!). He says 1099 is not applicable.

So questions to my fellow VJ'ers, please:

• Is it enough to send the W2 and tax schedule for 2009 OR do should I resend all the info relating to the affidavit, including W2, pay stubs, tax returns and tax schedule?
  
• Do I need to include a cover letter, and what should it say?
  
• Do we need to send more paystubs or more W2s other than for 2009?
  
• Am I missing anything?
  

I want to make sure we provide all the info, without flooding them with stuff that will make them mad! Any help, comments or experiences would be much appreciated!!! THANKS GUYS!!!

No, you don't need it to be notarized. you need a "certified translation" only.

So specifically, I can do the translation myself, so long as I sign a statement to the effect that it represents an accurate translation. (the statement on the USCIS site) Right?

I saw on some older threads that people who had translated their own birth certificates had then notarized this translation. I am planning on translating my birth cert too (just got an RFE for it, so don't have a choice!!), so aside from the usual blurb of "i'm competent in English and language X" and "i certify the translation is accurate" with all the usual info about myself (applicant and translator!) -- do I need to have it notarized or no?

Thanks for your input!!!

I asked but noone seems to want to share their voyeristic video with me. So I stopped asking.

lol I'd heard about people oversharing in an effort to prove marriage consummation but I thought it was a myth ;-)

Nothing you can do about it now, just hope they giggle rather than take offense when reviewing your evidence!

Lol.

But you know, what if you guys are just starting out and you dont have any utility bills and stuff. Basically, you dont have anything to show them aside from your marriage cert, pictures, and health insurance as a dependent of you partner. Would that suffice?

Are you asking me?

I have no worries about showing that we are a real couple. Even without joint accounts, pictures or anything, even an untrained person could tell we were a couple. Congrats on your upcoming interview, I'm scheduled for my biometrics same say. Super good luck to you!!

What did you use on your application maiden name or your hubby's last name? If you're using your maiden name... If you want to use your hubby's last name in the future, it would be etter if you change it now, You can change it while you are on your biometrics appointment. The lady that took my FP told me I could change it.

I posted something about it ---> http://www.visajourney.com/forums/topic/279187-sudden-name-change-from-maiden-name-to-married-on-biometrics/page__p__4245043#entry4245043

Cheers

I used my current name, which is my maiden name hyphenated with my husbands name... that's why it's so long lol.

I wish we could do a walk in but Jacksonville, FL is 2.5 hours away from where we live...plus I am having a baby very soon, and was experiencing contractions the week of our biometrics appointment...did the sad thing and requested for a reschedule...no word from the Jacksonville ASC yet...am just dying here.

Hang it there, your baby is worth it!

I kneeeeeeeew hyphenating my last name would cause an issue!!! Ok, so I have two long middle names and an extra long hyphenated last name. On first set of NOAs, they dropped one of my middle names, and didn't hyphenate, but other than that all kosher, so didn't worry.

Today I got the biometrics ASC notice and they spelled out first, both middle and first half of the last name... But chopped off half my last name. Because I don't want any issues when I go for the appointment, I called them and they said they will raise a service request. They told me I would be notified in 30 days.... What the heck does that mean? Do they stop all processing because they shortened my last name (most likely because they couldn't fit it all lol). I told them just to initial my middle names.... Did ido they right thing or have I screwed myself now???

We tried a walk-in at Seattle office on a Monday morning. Unfortunately, we were unsuccessful. We told to come back on the scheduled date.

You may want to try a walk-in during the middle of the week. I have heard people have had more success during those days, as compared to a Monday or a Friday.

Good luck with whatever you decide!

I definitely will try middle of the week, I can't wait a whole month lol! It would suck if they turn me away, it's close to an hour drive!

Got my biometrics for AOS today, but appointment isn't for another month. I will try a walk in, to see if I can make it happen a bit sooner. Mine is at the SEATTLE ASC, anyone try spontaneous walk in there??

Please share where you have successfully or unsuccessfully tried biometrics appointments!!

Wooooooohooo, got biometrics appointment NOA! Not till november15th though....

Dude,

you have to let go. If you are in a "real" marriage there is nothing you have to prepare for. There is no test, there are no trick questions, just simple stuff about yourself, your wife, and your wedding, that you would know in any case.

Just take a shower in the morning, brush your teeth, and dress like you're going to a job interview. Take your photo album of the wedding with you and the rest is just a formality without any drama.

Only thing to remember: don't tell 'em that you used drugs, were a communist, terrorist, or tried to overthrow some foreign Government.

Wait, you saying I smell of fear? Haha, just kidding.. Thanks for the well intentioned slap in the face, I needed that!

Oh my, there might be a problem with that. If you get married while in the USA, if you still want to be legal, you gotta return back home and your spouse will file for a CR-1. But then again, it may cause you trouble because if the immigration officers at the POE asked you about your plans... you obviously didn't tell them about the intention of getting married('cause they'd have sent you back home on the next flight), so you need to explain that it wasn't part of the plan and it just happened. This falls well outside my area o expertise...

I figure the truth is the best policy for me. I KNOW I had no plans of getting married, didn't even want to get married in the US because it meant my family couldn't be there plus I had a return ticket for a month after I arrived. Considering the huge burden of proof required as evidence of bonafide relationship, I'm just worried about what it will take to unrefutably prove non intent.

For the record, I think k1 or CR1 is the better way to go about it.

Check out my timeline. I wrote an in depth review of my experience.

I was not asked about intent but every interview is different.

I read a lot of reviews before the interview. It helps to know what to expect.

Good luck!!

Ive been trying to find reviews of AOS for B2s, but can't seem to find many that don't have a long overstay as well. You review was really good, it made me nervous lol. Nervous like I was in there with you!

Are you the petitioner or the beneficiary?

I'm the beneficiary...

I'm assuming that you're the beneficiary. If that is the case, I hope I'm not worrying you. In the initial evidence section of the I-485 instruction, it says to submit a copy of your foreign birth certificate, and that "any document containing a foreign language submitted to USCIS shall be accompanied by a full English language translation..."

I'm not sure if that would be a cause for an RFE...

You know, I read that, and promptly forgot about it until I saw it mentioned on these forums lol. Well, if it causes an RFE sob it, there's worse things....

You can find all sorts of interview experiences in any of the monthly progress report threads near the end. April and May had lots of filers, I'd start there.

Some people get asked about intent, some don't. Each interview and case is unique so it's hard to say what to expect. If they suspect fraud, they will give you a hard time. If not, it will be easy.

You can also find local office reviews on here somewhere... I can't remember exactly, but it's not hard to find. Good luck!

I'd be interested to hear specific interview experiences for B2 >AOS also!

It was for passport pics...RFEs do stink. Did you include a copy of your birth certificate...I remember it's one of the requirements for one of the forms...

I included it,but didn't have it translated... I figured since I sent my passport copy they would see that it matched up.... I always wonder why they need a birth cert if you have a passport. You can't get a passport without a birth cert, can you?

I was reading your "visa journey" just now, and i see you guys were transfered from va to baltimore??? is that normal? is that the reason why it took a year to recieve the green card?

My I-94 expires in January 14, 2011, i hope i get my interview by then.

You don't need to have your interview by the time the i94 expires, you just need proof that your visa status was legal at the time that you applied and that this has been received by uscis. Specifically that means you need to include a copy front and back of the i94 in your AOS pack to uscis and once you get your NOA1 for the i485 back from uscis, you HAVE to stay into country, even if your visa expires.

Of course a lawyer is going to tell you you need a lawyer... they sell a service. At this stage, there is nothing a lawyer can do differently than you. I can tell you are scared but it seems you keep looking for a reason to be scared.

1. put N/A - you do not have a SSN.

2. Put N/A - you do not have an A number (that is Alien number).

3. Looks like you did NOT change your name legally yet. In some states you can check a box to change your name automatically when you get married, but it looks like you either did not do that or that your state doesn't offer the service.

4. Eligibility category is C9.

5. Yes to cover letter.

6. You need 7 photos of yourself and only one of your husband. You also omitted any evidence of bona fide marriage, which is required for I-130. There is a list of items you can include in the instructions. You need two separate checks, one for $355, and one for $1010 (these amounts are changing soon, but will still be two separate checks). You also need the affidavit of support (I-864 I think is the number).

7. Yes to one envelope. yes to Chicago lockbox for CONCURRENT filers.

Good luck.

Spot on, Harpa! Good advice and accurate info! :thumbs:

Hi everyone,

I recently read that people that enter the US with a B2 visa can later apply for adjustment of status (which of course might eventually not be approved..),but that this is not allowed for people that come from countries that partecipate in the Visa Waver Program. My question is: if I apply for a B2 from Italy,can I later adjust status there without too much worries there since I'll be married with my future wife (US citizen) or they will give me troubles for that? theorically this would be cheaper and a shorter process then the K-1 visa..would this be considered a visa fraud or there are legal knots that would allow me to do that?

I'm in that position right now, so I'll probably face a firing committee at my interview. Fact is, if you enter on VWP or any tourist visa, you should not be planning to stay. If for whatever reason your personal circumstance changes after you've entered the country legally using your visa and you decide to get married, yes you can apply for AOS. Personally I am nervous about it. How can I prove to them that there was no intent to get married? Given the huge amount of evidence they require just to believe you are in a bonafide relationship, what will it take for them to accept that I entered without planning tp get married? Dunno... I would recommend you go through either fiancé visa or return home to apply as spouse post nuptials.

Anyone adjusting from b2 get accused of fraud? Please share your experiences.

Thanks alot! And..i know i already paranoid with theses costs...that rule stays even after November 23rd?!

Not sure about that, but if you submit after that date, I would double check you have the latest version plus latest intructions. I'd assume that's where any changes would be highlighted. Also to be on the safe side, check the filing fees day before you send!

I think it says it on the intrudtions for the i485. I remember checking and double checking since you don't expect anything to be free once you see the AOS fees lol.

Only 1070? wow...i heard the 1700 in another forum..then i looked up the prices for the single forms: I 485: $985 $, I 131-$360 and I. 765 $380 on the uscis page.

So where does it say that EAD and AP fees are waived? Must be blind..did not find that on an official page! Please would you post the link? That would be awsome!

There you go http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=dd346d26d17df110VgnVCM1000004718190aRCRD