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DAP Forums > DREAM Act > The Lounge

DACA to AOS - Page 127

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#1261
03-11-2017, 08:05 PM
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Skymusic
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Guys if you came with a revoked visa does that count like overstayed? The visa laser itself has no stamp or anything, it looks normal.
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#1262
03-12-2017, 12:05 AM
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garciv
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Hi guys. I need some help with an RFE.

Currently I am DACA recipient married to a US Citizen. I corrected my entry with Advance Parole.

Like many on this topic, I am attempting to AOS through marriage.

USCIS mailed an RFE for the following reasons:
- Submit all supporting tax documentation.
- Based on documents I-864 the petitioner/sponser not meet the 125% of the poverty guideline.

My Wife is not working at the moment. I am breadwinner while my wife finishes her education. We have been filing our taxes jointly.

2016 I earned 60k (we were married taxes filed jointly)
2015 we earned 78k (we were married taxes filed jointly)
2014 My wife earned 36k (We were not married than, she filed on her own)
2013 My wife earned 19k (we were not married than she filed on her own)

Am I missing something? If she is not working, is submitting the taxes we filed jointly valid?

Any form of feed back is greatly appreciated.
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#1263
03-12-2017, 12:30 AM
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From Tustin, CA
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chessmaster05
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Quote:
Originally Posted by garciv View Post
Hi guys. I need some help with an RFE.

Currently I am DACA recipient married to a US Citizen. I corrected my entry with Advance Parole.

Like many on this topic, I am attempting to AOS through marriage.

USCIS mailed an RFE for the following reasons:
- Submit all supporting tax documentation.
- Based on documents I-864 the petitioner/sponser not meet the 125% of the poverty guideline.

My Wife is not working at the moment. I am breadwinner while my wife finishes her education. We have been filing our taxes jointly.

2016 I earned 60k (we were married taxes filed jointly)
2015 we earned 78k (we were married taxes filed jointly)
2014 My wife earned 36k (We were not married than, she filed on her own)
2013 My wife earned 19k (we were not married than she filed on her own)

Am I missing something? If she is not working, is submitting the taxes we filed jointly valid?

Any form of feed back is greatly appreciated.

Oh geez!!!


I make 5 times what my USC wife makes. Yet it is not enough in the eyes of immigration. I put i have 300k in assets yet im deportable. Go figure. Government employees.
__________________
Lockbox: AZ | Sent: 8/23/2012 | Delivered: 8/24/2012 | G-1145: 8/29/2012 | I-797C Letter: 8/31/2012 | Biometrics Appt: 10/09/2012 | Biometrics Done: 09/13/2012 | Approved EAD: 9/18/2012
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#1264
03-12-2017, 12:34 AM
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chessmaster05
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Quote:
Originally Posted by chessmaster05 View Post
Oh geez!!!


I make 5 times what my USC wife makes. Yet it is not enough in the eyes of immigration. I put i have 300k in assets yet im deportable. Go figure. Government employees.
Yet. They make measly 40k. And im deportable. Hehe.
__________________
Lockbox: AZ | Sent: 8/23/2012 | Delivered: 8/24/2012 | G-1145: 8/29/2012 | I-797C Letter: 8/31/2012 | Biometrics Appt: 10/09/2012 | Biometrics Done: 09/13/2012 | Approved EAD: 9/18/2012
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#1265
03-12-2017, 02:19 AM
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ffabbess91
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Quote:
Originally Posted by chessmaster05 View Post
Yet. They make measly 40k. And im deportable. Hehe.
Hahaha have 300k in assets, not enough you're deportable...
Have 500k here's a green card
__________________
AOS Application sent 12/10-15/16::: Notice of action 12/22/16
Bio letter received 1/15 ::: Bio appointment 1/31::: EAD Arrived 4/4/17 ....Interview: 6/14/17-Approved on Spot
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#1266
03-12-2017, 02:29 AM
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chessmaster05
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Quote:
Originally Posted by ffabbess91 View Post
Hahaha have 300k in assets, not enough you're deportable...
Have 500k here's a green card
If i work two more years ill get there. 😁
__________________
Lockbox: AZ | Sent: 8/23/2012 | Delivered: 8/24/2012 | G-1145: 8/29/2012 | I-797C Letter: 8/31/2012 | Biometrics Appt: 10/09/2012 | Biometrics Done: 09/13/2012 | Approved EAD: 9/18/2012
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#1267
03-12-2017, 07:25 AM
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jdjmeza
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Quote:
Originally Posted by garciv View Post
Hi guys. I need some help with an RFE.

Currently I am DACA recipient married to a US Citizen. I corrected my entry with Advance Parole.

Like many on this topic, I am attempting to AOS through marriage.

USCIS mailed an RFE for the following reasons:
- Submit all supporting tax documentation.
- Based on documents I-864 the petitioner/sponser not meet the 125% of the poverty guideline.

My Wife is not working at the moment. I am breadwinner while my wife finishes her education. We have been filing our taxes jointly.

2016 I earned 60k (we were married taxes filed jointly)
2015 we earned 78k (we were married taxes filed jointly)
2014 My wife earned 36k (We were not married than, she filed on her own)
2013 My wife earned 19k (we were not married than she filed on her own)

Am I missing something? If she is not working, is submitting the taxes we filed jointly valid?

Any form of feed back is greatly appreciated.
My USC wife is a full-time student and also not working. We were able to use my salary and were recently approved without RFEs. I'm curious, what documents did you send with your application?
__________________
AOS Application Received: 10/12/16
Biometrics Appointment: 11/8/2016 no walk-in
Case Ready For Interview: 11/15/2016
EAD/AP: 01/09/2017. Interview Letter: 01/19/17
Interview: 02/21/17 Green Card Approved: 02/27/17
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#1268
03-12-2017, 08:47 PM
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vivace
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Quote:
Originally Posted by garciv View Post
Hi guys. I need some help with an RFE.

Currently I am DACA recipient married to a US Citizen. I corrected my entry with Advance Parole.

Like many on this topic, I am attempting to AOS through marriage.

USCIS mailed an RFE for the following reasons:
- Submit all supporting tax documentation.
- Based on documents I-864 the petitioner/sponser not meet the 125% of the poverty guideline.

My Wife is not working at the moment. I am breadwinner while my wife finishes her education. We have been filing our taxes jointly.

2016 I earned 60k (we were married taxes filed jointly)
2015 we earned 78k (we were married taxes filed jointly)
2014 My wife earned 36k (We were not married than, she filed on her own)
2013 My wife earned 19k (we were not married than she filed on her own)

Am I missing something? If she is not working, is submitting the taxes we filed jointly valid?

Any form of feed back is greatly appreciated.
Quote:
Originally Posted by jdjmeza View Post
My USC wife is a full-time student and also not working. We were able to use my salary and were recently approved without RFEs. I'm curious, what documents did you send with your application?
That's interesting -- I thought only the citizen spouse's income and assets are considered for the I-864. If the spouse cannot meet that standard, then the couple is required to find a citizen co-sponsor to fill out the form.

OP, maybe that's something you can do -- find a co-sponsor. Have you talked to a lawyer?
__________________
AOS Packet Delivery: 3/27/17 | I-797C: 4/10/17 | Bio: 4/28/17 | EAD Receipt: 6/21/17 | Interview Date: 7/24/17 - RFE for incomplete I-693 | RFE Submission: 7/28/17 | GC Approval: 7/28/17 | MSC17909623**

Status: B2 Overstay, 2nd DACA, Marriage AOS
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#1269
03-12-2017, 10:24 PM
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jdjmeza
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Quote:
Originally Posted by vivace View Post
That's interesting -- I thought only the citizen spouse's income and assets are considered for the I-864. If the spouse cannot meet that standard, then the couple is required to find a citizen co-sponsor to fill out the form.

OP, maybe that's something you can do -- find a co-sponsor. Have you talked to a lawyer?
The beneficiary's income can be used if it's obtained legally (DACA EAD), they live in the same residence, and source of income will continue after obtaining LPR. There's more details in the instructions for form I-864. Since we self-filed, I made sure to read all forms and instructions thoroughly.
__________________
AOS Application Received: 10/12/16
Biometrics Appointment: 11/8/2016 no walk-in
Case Ready For Interview: 11/15/2016
EAD/AP: 01/09/2017. Interview Letter: 01/19/17
Interview: 02/21/17 Green Card Approved: 02/27/17
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#1270
03-12-2017, 11:11 PM
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vivace
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Quote:
Originally Posted by jdjmeza View Post
The beneficiary's income can be used if it's obtained legally (DACA EAD), they live in the same residence, and source of income will continue after obtaining LPR. There's more details in the instructions for form I-864. Since we self-filed, I made sure to read all forms and instructions thoroughly.
Ohhhh, interesting. You're right--I just read the instructions and saw which section you're talking about. Maybe the immigration officer who read your file forgot/is unfamiliar with that part of the instructions?

Maybe you can submit your W-2s for those years and your most recent pay stubs to support that you can meet the income requirement on your own on top of your wife's income.

And perhaps you can get a letter from your company that your employment is in good standing to show that your source of income is reasonably expected to continue after you receive your green card.
__________________
AOS Packet Delivery: 3/27/17 | I-797C: 4/10/17 | Bio: 4/28/17 | EAD Receipt: 6/21/17 | Interview Date: 7/24/17 - RFE for incomplete I-693 | RFE Submission: 7/28/17 | GC Approval: 7/28/17 | MSC17909623**

Status: B2 Overstay, 2nd DACA, Marriage AOS
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