meauxna

forts, I think it would be a good idea to consult with an attorney about the I-864 situation. It sounds like you could use a hand making sure that your new self-employment status (with a twist) is presented in the strongest possible light. The fact that some of the work is for your ex-employer has got to help.
It's a puzzle, changing it midstream, but it wouldn't be a bad idea. It's not like an officer has reviewed it yet or anything.

I know your wife is champing at the bit, but the shiny side is, at least you two are here together instead of her waiting somewhere else, for the IV process.

forts

I know....I am going to, as they say pay stubs should also be included for 6 months. Thank you for your input.

Noorah101

forts,

I'm still confused about something (and of course up to you if you want to clarify or not). The I-864 you submitted with the AOS....you qualified financially for that one, right? Based on your overseas income?

But now you no longer work for that company, and now you're self employed?

My question is: Are you planning to submit info with the RFE which supports the I-864 you already submitted? Or are you going to send in a NEW I-864 with the RFE, with a note explaining that your employment has changed?

Oh, and I agree with meauxna that it might be good to get an attorney's input on this one.

Rene

forts

I am unsure of what to do. I am indeed consulting an attorney.

I qualified for the first one, based on my new job here. The answer to your second paragraph is yes. My income might have changed slightly, but my original I-864 is valid and accurate.

I should, with my employment letter, 2008 W-2, and prior year's tax returns, which are based on my employment abroad where I earned a good living without break - be able to pass the income test. This is what they are looking for - proving my income. I worked four years at my current job before I went to Australia. I don't want to take chances, if submitting a co-sponsorship would make things more certain I am going to do it (or at least ask!)

forts

EDIT: After thinking about it, my supporting tax documentation, employment verification letter, 2005 & 2006 Tax Returns (2005 has good US Income) and my 2008 W-2 from before I became a sub-contractor should be enough to prove my income. Unless advised otherwise by legal counsel, my change to sub-contracting can wait until the interview and a co-sponsor is unnecessary and complicated.

Ok, I need a lawyer who knows about Affidavits of Support and more about financial aspects of things. The one I know doesn't - she knows nothing of taxes at all - which appears good generally, as she doesn't have problems often. Recommendations would be appreciated.

Opinions about whether to throw in a co-sponsor on top of the evidence listed in my previous post [above] would be appreciated as well.

Rete

Just stepping into your muddled thread, forts. Take a deep breath and exhale slowly. Do this several times. You appear to be a quite anxious and very confused about what you and your wife are doing. You are making things near to impossible for yourself. Instead of jumping from one thing to another, take it one step and one item at a time.


Please do not take my suggestions the wrong way but you are equating Australian immigration with US immigration and they aren't the same animal. What your wife needed to have you immigrate to Aus is not the same that you need to have her come here. In your case, I strongly suggest that you take all your paperwork to an immigration attorney who specializes in marriage based visas and have him/her sort you out and tell you what you need to do. Also have them slowly go through the entire process with you so you have a clear understanding of the process.

Your paragraph:

"Ok, I need a lawyer who knows about Affidavits of Support and more about financial aspects of things. The one I know doesn't - she knows nothing of taxes at all - which appears good generally, as she doesn't have problems often."

shows just how little you understand the process. An immigration does not need to know about taxes. She/he is an attorney not a tax accountant and you are giving the USCIS filed taxes and supporting documentation to prove your earnings. It has nothing whatsoever with completing your tax return.

Wishing you and yours success in your endeavors and the peace of mnd that comes with having someone take care of things for you.

forts

I speak too much. I have been having an elaborate - overly-elaborate - discussion that involved many unsure responses by people well versed in the subject, it is a question that has several answers.

That said, I tend to ramble, as you can clearly see. That is all it is, really. I am quite calm. I wasn't a few days ago. But it had little to do with any specific subject, I suffer from anxiety and depression generally. But right now I feel fine. Look, I am rambling again already.

I have.
EDIT: Two, actually. And I have gotten critical advice regarding one of the major differences between here and Australia. Even if you do nothing wrong it happens here - quite unlike Australia, where the process is quick and virtually guaranteed if you have a genuine relationship. Immiigration is a tough issue. So I especially appreciate what you are telling me.

What I DON'T fully understand is exactly how the interview process and practical side of things works, as is clear by several remarks I have made.

She does need to know what "supporting documentation" means and what sort of proof of income they are looking for. The one I asked (a friend) had no idea - she hasn't really run into the issue, as I said.

I know you do and I thank you for your input. Time to answer the simple question and relax.

Rete

Forts

Your attorney does know what the supporting documentation is. It is spelled out for everyone in the instruction sheet of the I-864. You need to include either:

1. A "copy" of your filed 1040, with a copy of the W-2, and a copy of all schedules to the 1040; or

2. An official tax transcript from the IRS;

3. Recent Paystubs affirming your continuing income;

4. A letter from your employer stating the position you hold, the length of time you have held it and your annual salary;

5. If you are using assets then most definitely copies of statements showing liquid assets and if real property a current appraisal of the property and if you hold a mortgage on said property, a copy of that.

In all my years here on the marriage-based visa forum, there have been relatively few people who have had a problem with submitted I-864's. As long as you follow the instructions for the form, you can't miss. In your case, you appear to have sent incomplete supporting documentation and in your search you found that a tax return that was still not filed 3 years pass filing date. DIY'ers really need to be very very organized and some would say very anal.

Noorah101

forts,

You should show the immigration attorney the RFE, show the attorney what he already sent in, and then ask the attorney this very specific question:

"With this RFE, am I supposed to include supporting documents from my employment as it was when I submitted this I-864? OR, since my employment scenario has now changed, am I supposed to submit a new I-864 including current supporting documents? Can you please help me figure out what to include with this RFE?"

I think anyone who is an immigration attorney and does marriage-based visa work would absolutely know what "I-864 supporting documentation" is. If your friend had no idea what that is because she hasn't run into it before, that probably means she either 1) is not an immigration attorney; or 2) is an immigration attorney but has not done marriage-based cases. You need to find an immigration attorney who specializes in marriage-based cases. If you need help searching for one, go to www.ailalawyer.com.

Rene

forts

Already ahead of you. I will go see her in a couple of days.

(I meant "supporting documents" to my "most recent tax filing", not "I-864 supporting documents".)

Thanks for all your help!

jeffreyhy

f,

I have have also seen people refer to an interview for an I-130 submitted by DCF. Why they consider the conversation when dropping the petition off in person an 'interview' I do not understand.

Regards, JEff

meauxna

Because we both had to appear in person?
Because we had to answer questions from the worker behind the glass?
Because if felt like an interview?


I've seen several examples posted online of USCs called in for an interview on the I-130 in the US, after filing only a petition packet.

jeffreyhy

OK, I yield on the DCF. Must be a consulate-specific thing.

I've also seen an example or two of a CIS interview for I-130, but I think it's so extremely rare and unusual that it's not misleading to say there's no interview for an I-130 filed domestically with CIS. (And you know how rigorous I can be!)

Regards, JEff