AOS - I-864
Jan 5th 2017, 12:01 pm
#46
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Location: Kentucky
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Re: AOS - I-864
So, while you must file the I-485, you don't have to send an I-765 or an I-131. However, if you want an EAD so you can work, and Advance Parole so you can travel outside the US and not abandon your adjustment, you should file both with the I-485. There is no additional fee if you include either/both with the I-485.
Ian
Jan 17th 2017, 11:41 pm
#47
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Re: AOS - I-864
small update, i got sent a letter today for request of initial evidance. 
I submitted the package in December 2016 but they have asked for the following items:
1)Submit all supporting tax documentation (w2's, 1099s, Form2555 and all supporting tax schedules) submitted to the IRS for the most recent tax year.
The petitioner must submit all supporting tax documents for the most recent year.
2) Evidence of assets since we are under 125%
1) we gave them IRS transcripts of years 2015, 2014, 2013. we thought that was enough
2) i gave them a copy of my bank statment in my name not hers with the money. They asking for the sponser to provide for 12 months so they can average it which is useless because the money came from my recent flat sale in the uk in November
of course they also list as a joint sponser as an option. not really an option if we can avoid it
i thought we made a mistake on the i485, but we put the 3 most recent tax years as 2015, 2014, 2013. even the instructions only say send transcripts not other stuff
need adivce and does calling the service center even work to discuss it?
I submitted the package in December 2016 but they have asked for the following items:
1)Submit all supporting tax documentation (w2's, 1099s, Form2555 and all supporting tax schedules) submitted to the IRS for the most recent tax year.
The petitioner must submit all supporting tax documents for the most recent year.
2) Evidence of assets since we are under 125%
1) we gave them IRS transcripts of years 2015, 2014, 2013. we thought that was enough
2) i gave them a copy of my bank statment in my name not hers with the money. They asking for the sponser to provide for 12 months so they can average it which is useless because the money came from my recent flat sale in the uk in November
of course they also list as a joint sponser as an option. not really an option if we can avoid it
i thought we made a mistake on the i485, but we put the 3 most recent tax years as 2015, 2014, 2013. even the instructions only say send transcripts not other stuff
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every
Form W-2 and Form 1099 that relates to your returns
Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return
with your spouse and are qualifying using only your income.
Form W-2 and Form 1099 that relates to your returns
Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return
with your spouse and are qualifying using only your income.
Last edited by Mangaboy84; Jan 17th 2017 at 11:56 pm.
Jan 18th 2017, 12:12 am
#48
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Location: Phoenix, Arizona
Posts: 58,679
Re: AOS - I-864
No, don't bother calling the service center.
I agree with you that you sent in all the right things. So, write a statement saying that you have included the following: (list of specific items you included) as per USCIS instructions (include a copy of the instructions, highlighting the relevant parts). I would go ahead and include photocopies of all that same stuff again and send it in again, with the RFE.
Include 12 months of statements that they ask for, with a written statement explaining where the money came from (i.e. why it was low before and then you sold property so now have enough, etc).
Unfortunately there are some times when the USCIS worker bee doesn't know where the honey is, and you just have to follow the instructions (again!), as annoying as that is.
Rene
I agree with you that you sent in all the right things. So, write a statement saying that you have included the following: (list of specific items you included) as per USCIS instructions (include a copy of the instructions, highlighting the relevant parts). I would go ahead and include photocopies of all that same stuff again and send it in again, with the RFE.
Include 12 months of statements that they ask for, with a written statement explaining where the money came from (i.e. why it was low before and then you sold property so now have enough, etc).
Unfortunately there are some times when the USCIS worker bee doesn't know where the honey is, and you just have to follow the instructions (again!), as annoying as that is.
Rene
Jan 30th 2017, 4:29 pm
#49
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Re: AOS - I-864
How does this sound, took a while to collect all the info needed. a little worried since we've had to use some of the asset as living costs and exchange rate fluctuations so the amount has dropped since we filed the forms.
obviously 'x' is replaced in the letter
Dear Sir or madam
For the I-485 application submitted on the 14th December 2016 and received on the 19th December and in response to the attached letter dated the 12th January 2017 we hereby included the following initial evidence for the I-864 form signed by my wife.
Submit all supporting tax documentation for the most recent year
For the most recent tax year of 2015, my wife did not have a complete record of her tax returns that had been filed with the Internal Revenue Service.
Having reviewed the instructions for form I-864, we noted on page 7 that we can provide an IRS Transcript for each tax year instead of copies of our own records in response to questions 18 – 20.
We also noted on page 8 of the instructions that when submitting the IRS tax transcripts we are not required to provide copies of Form W-2 and Form 1099 as per the instructions since they were not filed jointly.
We have included with this letter the IRS tax transcript for the most recent year, 2015 and additional tax transcripts for 2014 & 2013 as requested and have also attached pages 7 & 8 of the instructions page with the sections highlighted for reference.
Submit evidence of assets to make up the stated difference between income and 125% guideline
Based on the instructions and my wife’s annual income we have declared in Part 6, question 2 we believe we need an asset value greater than $39,600.00 to achieve the gap between the income and 125% poverty level.
As requested I have attached bank statements for our UK Checking account covering the last 12 months. Although the average for the 12 months is low, the asset we wish to use was the proceeds from selling my property on the 26th August 2016 which were deposited into my checking account (40-39-05 xxxxxxxx) to the amount of £53,498.65 GBP.
The funds were then moved to my savings account (40-39-05 xxxxxxxx) the same day until i closed the account on the 18th December 2016.
The current balance of our checking account as of the 5th January 2017 is £43,164.00 GBP.
Based on today’s GBP>USD exchange rate of 1.2473 we have an asset value of $53,838.45 which can be easily converted into cash within one year and without financial loss/hardship.
The following documents have been attached:
• Letters from my lawyer showing the sale and final value received from the property.
• Letter from HSBC showing the Direct Deposit received from the sell.
• Letter from HSBC regarding the closure of the Savings account.
• HSBC checking account bank statements going back 12 months.
For the I-485 application submitted on the 14th December 2016 and received on the 19th December and in response to the attached letter dated the 12th January 2017 we hereby included the following initial evidence for the I-864 form signed by my wife.
Submit all supporting tax documentation for the most recent year
For the most recent tax year of 2015, my wife did not have a complete record of her tax returns that had been filed with the Internal Revenue Service.
Having reviewed the instructions for form I-864, we noted on page 7 that we can provide an IRS Transcript for each tax year instead of copies of our own records in response to questions 18 – 20.
We also noted on page 8 of the instructions that when submitting the IRS tax transcripts we are not required to provide copies of Form W-2 and Form 1099 as per the instructions since they were not filed jointly.
We have included with this letter the IRS tax transcript for the most recent year, 2015 and additional tax transcripts for 2014 & 2013 as requested and have also attached pages 7 & 8 of the instructions page with the sections highlighted for reference.
Submit evidence of assets to make up the stated difference between income and 125% guideline
Based on the instructions and my wife’s annual income we have declared in Part 6, question 2 we believe we need an asset value greater than $39,600.00 to achieve the gap between the income and 125% poverty level.
As requested I have attached bank statements for our UK Checking account covering the last 12 months. Although the average for the 12 months is low, the asset we wish to use was the proceeds from selling my property on the 26th August 2016 which were deposited into my checking account (40-39-05 xxxxxxxx) to the amount of £53,498.65 GBP.
The funds were then moved to my savings account (40-39-05 xxxxxxxx) the same day until i closed the account on the 18th December 2016.
The current balance of our checking account as of the 5th January 2017 is £43,164.00 GBP.
Based on today’s GBP>USD exchange rate of 1.2473 we have an asset value of $53,838.45 which can be easily converted into cash within one year and without financial loss/hardship.
The following documents have been attached:
• Letters from my lawyer showing the sale and final value received from the property.
• Letter from HSBC showing the Direct Deposit received from the sell.
• Letter from HSBC regarding the closure of the Savings account.
• HSBC checking account bank statements going back 12 months.
Jan 30th 2017, 4:50 pm
#50
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Location: Phoenix, Arizona
Posts: 58,679
Re: AOS - I-864
When referring to using assets to fill the gap, make sure you say "3x the amount" to fill the gap.
Rene
Rene
Jan 30th 2017, 4:54 pm
#51
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,439
Re: AOS - I-864
Money in a bank account IS cash, it doesn't need to be "converted into cash", so just say that you "have cash of £x in the bank, and given the current equivalent in USD.
Jan 30th 2017, 5:19 pm
#52
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Re: AOS - I-864
Based on the instructions and my wife’s annual income we have declared in Part 6, question 2 we believe we need an asset value 3x the amount to fill the gap between her income and 125% poverty level which would in this case be greater than $39,600.00
Jan 30th 2017, 7:11 pm
#53
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Location: Phoenix, Arizona
Posts: 58,679
Re: AOS - I-864
Yep, although I'd take out "we believe". It's not just your belief, it's fact.
Rene
Rene
Jan 30th 2017, 8:31 pm
#54
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Re: AOS - I-864
should we also update and include a new copy of the I-864 since the savings amount has changed since we submitted in December?
Re: AOS - I-864
Feb 3rd 2017, 7:34 pm
#56
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Re: AOS - I-864
out of curiosity now its gone back to them, would that RFE for the I-485 hold up my separate application for the EAD card? already had the biometrics appointment so its hopefully just a waiting game now providing no more RFE's
Feb 27th 2017, 9:31 pm
#58
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Re: AOS - I-864
so when they say after 75 days you can log an enquiry about the I-765 progress from submitting, is that 75 business days or calendar days?
Thanks
Thanks
Feb 27th 2017, 10:10 pm
#59
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: AOS - I-864
Usually calendar days... but the 90 days processing is only a guideline and represents the average. It's not written in stone. Well... not any more! Also, keep in mind that during the past 75 days there have been several federal holidays and people likely on vacation!
Ian
Ian
