mrgavmc

Hi,

I have messed up,

My fiancee applied I-129F - all good!
Did all I needed to do in London - all good!
Receieved K1 visa - all good!
Got married here in the U.S - all good!
got social security No. etc. - all good!
Sent of change of status paperwork - all good i believed
USCIS - cashed check, sent notices of receipt and gave Biometrics appointment. All good!

Now received a letter from USCIS, saying case on hold till I get this corrected.



I messed up, my father in law did the Affodavit of support rather than my wife,we had done this for the K1 visa.

This we will do, though I am now worried its all falling apart or will be a problem.

I will send Affodavit again though right person filling it this time!
What should we include with this? W2 something?

Should we also include evidence of our relationship since entering the country too? eg. joint bank account details etc? to strenghten our case?

I have noticed that I just sent transcript of my medical Knightsbridge doctor in London, should I also get a civil surgeon here to do a medical? and include that?

Is there anything else I can do, I dont want to be rejected!

Cheers for any help

Gav

meauxna

Hi Gav, don't freak out.. I'm sure it's fixable.

What specifically does the letter say?
Now received a letter from USCIS, saying case on hold till I get this corrected.

Noorah101

Hi Gav, and Welcome to BE!

Don't worry. You've received an RFE (Request for Further Evidence). You just need to send back exactly what the RFE is asking for, and nothing more.

What exactly are they requesting from you? An I-864 from the USC?

Does your wife qualify financially for the I-864? If so, have her fill it out, and attach proof of her current income (employment letter and a few pay stubs), and a copy (or IRS transcript) of her most recent tax return. Of course, if that's what the RFE is asking for...

Best Wishes,
Rene

forts

It sounds pretty normal to me Gav, that is a correctable mistake. Take a deep breath and relax (advice I have needed myself.) I strongly encourage you to at least get a consult with a lawyer, however.

Since it sounds like you have a co-sponsor, you are all good. Your wife (I am guessing the USC) needs to do an I-864. Income doesn't matter, but if she is above the very low ~$15,000US/yr (that is coming from inside the US) she can do one alone. She would need a letter from her employer, and recent paystubs and/or 2008 W-2 would be good. If not, have your father do an I-864A (I think that's the right one) and he will be changing his from sponsor to co-sponsor.

You need to include a medical exam, yes. By a licensed civil surgeon by USCIS. Look for one on their website. I am unsure if you had to do this overseas, but it is required for Adjustment of Status.

Evidence of your genuine relationship is no longer necessary, it would go with the immigrant petition. It will be a topic at your interview.



If I am mistaken in anything, I will be corrected. Good luck!

Noorah101

If her father lives in the same household as she does, he will do an I-864A if his income is included as a household member. Otherwise, he will do a separate I-864 if he is going to be a joint sponsor. He isn't switching anything...he never could be a main sponsor. He will either be a contributing household member, or a joint sponsor.

Gav came in on a K-1 visa. He does not need to do a full medical again in the USA. If anything, he MIGHT need to do a vaccination supplement only, but I suggest not unless he receives an RFE for it.

Evidence of the relationship is necessary to be accumulating, but as you said it won't be necessary to present it until the AOS interview.

Rene

meauxna

Personally, I think it is better to find out what the question is before overwhelming someone with a lot of detail.

Also to pay attention to the entry details; because Gav entered with a K-1 he does NOT need to re-take the medical. He had his full medical exam overseas before immigrating with his visa.
It is specifically NOT required for K visa entrants to re-take the medical.

mrgavmc

Wow! You guys are quick and great source of reassurance.

the letter says

The form I-864 was submitted though it was not the petitioner/sponsor

so I will have the wife do it, not my father in law

We will include a letter from her work (she is over the poverty line 125%)

W2 for 2007

is that it?

Noorah101

Good that your wife qualifies! She will need to submit:

Original I-864
Letter of employment on company letterhead stating her income
Several months worth of pay stubs
Photocopy of 2007 tax return including W-2's OR IRS transcripts (no W-2's required with those)

Form and instructions can be found at www.uscis.gov, Immigration Forms, I-864. The I-864 instructions are pretty clear on what to include as proof of income.

Rene

mrgavmc

Thnks so much!

I know, the wife is alright actually!

W2's is just one form right?
And if she doesnt have 6 pay stubs?

meauxna

How long has she been in her job?

mrgavmc

7/8 years

meauxna

Then some evidence of the length of her employment should be a good swap for '6 paystubs'. They want to know how long she's been at it and how sustainable it is for the future. I'd say that looks as strong as any job, all current conditions considered.

Noorah101

I agree, she doesn't necessarily need "6 paystubs", even just one most recent one showing her current income should be OK if she's been there that long. Have the company state in her employment letter how long she's been working there.

And yes, if she has just one job, she'll have just one W-2.

Rene

mrgavmc

Awesome!

whats these 1099's all about? do I need to include that?

meauxna

Where is your USC? This is her form to complete and she knows what these things are.
1099s are statements of income similar to W-2s, but different.