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DAP Forums > DREAM Act > The Lounge

AOS From DACA 2nd RFE big mistake

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#1
11-29-2016, 02:39 AM
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Alright, so let's get started. Am adjusting through marriage. I met my husband when I started my job. We both started new jobs, different companies on the same date.
The initial application was received on July 29
The first RFE was pretty easy, I need to submit proof of income which I didn't the initial application time. They asked for letter of employment, last six months pay, and tax returns. Done. So like 3 weeks letter I get another RFE! The fudge..

It reads
Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of the poverty guidelines.
My husband income At time of filling was $26000. He has one dependent plus me plus him, thats three people on the household. He clearly makes more than enough
I decided to look through Form I-864 and on part 6 #2 for his current income I put $30,000. How stupid in my head I was rounding to the nearest whole! Anyhow I don't know why the 2nd one was send an speculation my husband pay stubs are definitely contradictory to the amount listed. How should I word this to the official reviewing my case?

Please note as of today my husband income is over $31,000
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#2
11-29-2016, 04:45 AM
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How can you AOS with USCIS? Technically, your case would have to be adjudicated by a judge if you had any proceeding that was not successfully terminated.

It must have been very close.....the I-864 would require that he make at least 25,200 at the time of filing if three individuals are in the household.
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Last edited by Ianus; 11-29-2016 at 05:00 AM..
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#3
11-29-2016, 06:04 AM
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Quote:
Originally Posted by Ianus View Post
How can you AOS with USCIS? Technically, your case would have to be adjudicated by a judge if you had any proceeding that was not successfully terminated.

It must have been very close.....the I-864 would require that he make at least 25,200 at the time of filing if three individuals are in the household.
Can't you AOS by filing form I-485 when you are an overstay?
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I-797 Notice Action Received- 6/27/16
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#4
11-29-2016, 07:39 AM
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Quote:
Originally Posted by Ianus View Post
How can you AOS with USCIS? Technically, your case would have to be adjudicated by a judge if you had any proceeding that was not successfully terminated.

It must have been very close.....the I-864 would require that he make at least 25,200 at the time of filing if three individuals are in the household.
What are you talking about? OP can AOS since she or he married someone who is USC. Am I missing something?
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#5
11-29-2016, 10:30 AM
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Quote:
Originally Posted by Crilly View Post
What are you talking about? OP can AOS since she or he married someone who is USC. Am I missing something?
http://dreamact.info/forum/showpost....7&postcount=14
Quote:
i fly all the time using my country's passoport even while on removal.
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#6
11-29-2016, 02:32 PM
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Quote:
Originally Posted by Ianus View Post
http://dreamact.info/forum/showpost....7&postcount=14
Damn, you remembered that? That's some crazy Rain man / photographic memory / next level math shit dude
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#7
11-29-2016, 02:53 PM
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Hmm... am adjusting through marriage. I thought the removal were taken care of when I filled for DACA And renewed. I even went abroad without any issues. The RFE is talking about income though.
I still have to submit the Form through USCIS.
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Application filled out by - Myself (feeling like a bad ass lawyer, haha)
App Sent: 8/15/2012 USCIS Dallas Lockbox USPS overnighted that baby fast! Received: 8/16
I-797c received on 8/27 Biometric appointment on 9/17 (done on 9/13)

APPROVED OCT 14
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#8
11-29-2016, 03:54 PM
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Quote:
Originally Posted by pakapoa View Post
Hmm... am adjusting through marriage. I thought the removal were taken care of when I filled for DACA And renewed. I even went abroad without any issues. The RFE is talking about income though.
I still have to submit the Form through USCIS.
No, it was not "taken care of." Also, the forms should not have been filed with USCIS. I think you should PM me considering these are rather delicate details and you are very far along in the process.
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#9
11-29-2016, 05:06 PM
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Quote:
Originally Posted by pakapoa View Post
Hmm... am adjusting through marriage. I thought the removal were taken care of when I filled for DACA And renewed. I even went abroad without any issues. The RFE is talking about income though.
I still have to submit the Form through USCIS.
Wowsers. That's brave. Didn't some DACA person get denied entry for leaving with a removal order?
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#10
11-29-2016, 06:59 PM
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Quote:
Originally Posted by Ianus View Post
How can you AOS with USCIS? Technically, your case would have to be adjudicated by a judge if you had any proceeding that was not successfully terminated.
It is possible that Ianus saved someones life right here.


Damn, I love this forum.
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