WishCommitHope

I also got the same RFE requesting for "most recent tax" and medical reports (which my idiot lawyer didn't tell me to do before filling I485). I've mailed my wife's 2011 tax transcript, W2 and joint-sponsor's 2011 tax transcripts. Hopefully no more RFEs now

Your wife and uncle BOTH need to file I-864's and provide tax returns (actually, do tax transcripts) for the latest filing year....2011! 2010 and 2009 inclusions are optional, the 2011 tax returns/transcripts are NOT optional. You need to read the I-864 instructions. Provide any and all supporting evidence from your uncle showing current employment (letter from his/her boss, current pay-stubs) and whatever else you deem pertinent. Your wife will be the petitioning sponsor and your uncle the sole joint sponsor (assuming his income is above the 125% poverty level threshold.) Your uncle also has to be a US citizen or LPR and has to be domiciled in the USA. You need to provide evidence proving those two conditions.

My wife had submitted tax returns of 2008,2009, and 2011. She did not work in 2010 so had not filled tax for that year. And about my uncle's latest tax returns i.e. 2011 we were assuming that since the deadline is 16th April it will not be required.

Hi everyone,

I am on F1 status and my wife recently got naturalized citizen. I filled I 130 (approved) on my own when wiffy was LPR but we decided not take any chances and file rest of things through lawyer. Our lawyer filled I 485 and I 765, we've received NOAs and I have a biometric appointment on 13th April. But today my lawyer received RFE for I485 asking for latest tax returns. I don't work officially and my wife is student and she does part time job which is not sufficient, hence my uncle did the joint sponsor. My wife had submitted every tax returns including 2011 but my uncle's tax returns were of 2009 and 2010.

The RFE also asks for medical examinations which our idiot lawyer had not informed us at all. He is saying that my uncle (joint sponsor) needs to give his latest tax returns i.e. of 2011 and my wife needs to give her W2 form of 2011. I understand about my uncle's latest tax returns but I don't get it about my wife's W2 form since she has already submitted tax returns of every years she worked.

My question

- Is our lawyer asking for right documents or is he still missing something?

- Would this create longer wait time to get Green Card?(because I am praying to get it before start of my fall semester in August)

- My credit report states that I am employed by XYZ organization which was done in order to get auto loan. Did USCIS pulled up that information and asking for MY latest tax returns? (which I don't have at all)

I really appreciate you guys reading this and being helpful. I have read my posts and this place is extremely helpful, I am seriously regretting our decision to go though lawyer.

Thanks a lot.......

Thanks alot....

I've done some research on internet about upgrading immigration petition and it suggest that my wife should write a letter to NVC with copies of approved I130 and Naturalization certificate. I recently called NVC helpline number and found out through automated service that they don't have a record of my petition (starting with WAC......).

So my confusion is do I still need to notify NVC to upgrade file or should I notify USCIS? And if USCIS then how should I do it?

Thanks

Can't help you on the first few but the last few questions:

5. That's fine if you have a cosponsor. She still fills out an I-864 anyway.

6. That's not a problem but he has to include anyone else he is still on the hook for sponsoring (ie anyone who isn't a citizen yet or hasn't worked 40 credit hours which is about 10 years) in his household size when calculating poverty level.

7. Depends on your local office. AOS takes about 4-6 months on average.

Thanks alot....

Hello everyone,

I am on F1 status in the U.S. since 2007 and got married with my wife in OCT 2009 (first marriage for both of us). We had already filed I130 petition back in sept. 2010 which was approved and I believe its been pending since the visa bulletin doesn't show our date as current.

Now my wife is having citizenship interview on 16th Feb 2012 in Houston. I have few questions about what to do next ---

1. How long would she has to wait for oath ceremony in Houston?

2. Once she gets citizenship certificate how do we upgrade our petition (cause I've heard people saying that we have to notify NVC and send copy of naturalization certi and copy of approved I 130 - but since I'm already in the U.S. legally do we need to notify NVC or the Dept. of State?)

3. Or do we have to upgrade our petition and send I 485 and other required forms along with it?

4. What do we do once after upgrading the petition?

5. I am on student loans and my wife is also going to college with financial aid, and she earns very less (below poverty) - would it be a red flag in sponsorship?

6. My uncle would help us in joint sponsoring but he had already sponsored few families in past to migrate in the U.S., so can we still consider him as our joint sponsor?

7. Lastly any idea how long would it take for AOS once she gets citizenship?

Thanks in advance

Hello everyone,

I am on F1 status in the U.S. since 2007 and got married with my wife in OCT 2009 (first marriage for both of us). We had already filed I130 petition back in sept. 2010 which was approved and I believe its been pending since the visa bulletin doesn't show our date as current.

Now my wife is having citizenship interview on 16th Feb 2012 in Houston. I have few questions about what to do next ---

1. How long would she has to wait for oath ceremony in Houston?

2. Once she gets citizenship certificate how do we upgrade our petition (cause I've heard people saying that we have to notify NVC and send copy of naturalization certi and copy of approved I 130 - but since I'm already in the U.S. legally do we need to notify NVC or the Dept. of State?)

3. Or do we have to upgrade our petition and send I 485 and other required forms along with it?

4. What do we do once after upgrading the petition?

5. I am on student loans and my wife is also going to college with financial aid, and she earns very less (below poverty) - would it be a red flag in sponsorship?

6. My uncle would help us in joint sponsoring but he had already sponsored few families in past to migrate in the U.S., so can we still consider him as our joint sponsor?

7. Lastly any idea how long would it take for AOS once she gets citizenship?

Thanks in advance

My I-94 says D/S for the expiration. In the forms, should I put D/S or should it put the actualy date (mm/dd/yyyy) of when my status ends on I-20?

Thanks!!!!

What form are you filling? If I-130 than you just have to write D/S as mentioned in your I-94. If you have D/S on your Form I-94, you may remain in the U.S. as long as you continue your course of studies, remain in your exchange program, or qualifying employment.

Congrats!

Your wife is LPR, and you are in-status student visa holder, right?

1. Not mandatory. If you are doing AOS, you do not do NVC stuff at all. Look over the I-485 instructions. You will fill that out and send with it a copy of approved I-130 petition notice. They will fish your I-130 from NVC and send it to match up with your I-485.

2. answered above.

3. You can adjust in country because you have maintained status.

4. Your wife is your main sponsor. If she does not meet the poverty guidelines, then you can get a co-sponsor.

5. Yes you can have a co-sponsor, does not need to be related. Does need to be USC or LPR residing in US.

6. AOS should be over by then. It is taking around 4-6 months right now.

Look at the guides up top, and follow the "Both spouses reside in US" option. You can skip the I-130 part, because you did that already, but all else you need to do (the I-485 and all of the related forms). Good luck!

Thanks a lot for your valuable inputs. I checked on the guides section but it is for "U.S. Citizens", so would the process be same for LPR too? Was also wondering what form is to be filled out next, I-485 or DS-3032?

Hi friends,

My wife (Green card holder) had filled an immigration petition I 130 on Sept 30 2010 and she recently got text from USCIS that her petition is approved and will be sent to NVC. We have decided to do AOS by our own and not to go through some attorney. I came to the U.S. on F1 visa in 2008 and had visited home country only once. Me and my wife got married in Oct 2009 and decided not fill petition till she becomes U.S. citizen in Jan 2012. But we saw speedy processing for the our category and decided to apply AOS. I have done some research on AOS but nothing is found specifically related to our case. I have few questions about what will be the next steps...

1. Is it mandatory to select a professional agent or an attorney to handle our case? (as instructed in DS 3032) If not, can we have an attorney incase we are stuck at some point later on?

2. Do we have to go through USCIS for AOS or through NVC?

3. Since I am already in the country legally had been maintaining the status, do I have to leave the country and go back to home country and take care of the case from US embassy based in there?

4. If i dont have to go back to home country for further processing, would I still need sponsor? - since i already entered U.S. on student visa in which I had shown strong sponsor from home country.

5. My wife and I both are students and she had not worked since last year. Would it be ok if we add co-sponsor from the family? And is it necessary to only have family member as a co-sponsor?

6. My wife will be getting citizenship next year, would AOS be over by then, i mean what are the chances to get this AOS done quickly since I am already in the country legally?

Your valuable guidance is very much appreciated.

Thanks..