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-   -   AOS From DACA 2nd RFE big mistake (http://dreamact.info/forum/showthread.php?t=75084)

pakapoa 11-29-2016 02:39 AM

AOS From DACA 2nd RFE big mistake
 
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

Ianus 11-29-2016 04:45 AM

Re: AOS From DACA 2nd RFE big mistake
 
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.

dreamer01100101 11-29-2016 06:04 AM

Re: AOS From DACA 2nd RFE big mistake
 
Quote:

Originally Posted by Ianus (Post 591450)
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?

Crilly 11-29-2016 07:39 AM

Re: AOS From DACA 2nd RFE big mistake
 
Quote:

Originally Posted by Ianus (Post 591450)
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?

Ianus 11-29-2016 10:30 AM

Re: AOS From DACA 2nd RFE big mistake
 
Quote:

Originally Posted by Crilly (Post 591454)
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.

dreamer01100101 11-29-2016 02:32 PM

Re: AOS From DACA 2nd RFE big mistake
 
Quote:

Originally Posted by Ianus (Post 591469)

Damn, you remembered that? That's some crazy Rain man / photographic memory / next level math shit dude

pakapoa 11-29-2016 02:53 PM

Re: AOS From DACA 2nd RFE big mistake
 
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.

Ianus 11-29-2016 03:54 PM

Re: AOS From DACA 2nd RFE big mistake
 
Quote:

Originally Posted by pakapoa (Post 591499)
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.

APinfo 11-29-2016 05:06 PM

Re: AOS From DACA 2nd RFE big mistake
 
Quote:

Originally Posted by pakapoa (Post 591499)
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?

JohannBernoulli1667 11-29-2016 06:59 PM

Re: AOS From DACA 2nd RFE big mistake
 
Quote:

Originally Posted by Ianus (Post 591450)
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.

JohannBernoulli1667 11-29-2016 07:02 PM

Re: AOS From DACA 2nd RFE big mistake
 
Quote:

Originally Posted by Ianus (Post 591469)

Wooooooah That post is from 2012.

I hardly can remember what I posted yesterday. Let alone what someone posted 4 years ago.

juvi 11-29-2016 07:10 PM

Re: AOS From DACA 2nd RFE big mistake
 
Quote:

Originally Posted by pakapoa (Post 591499)
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.

You were able to travel abroad while on removal proceedings? Why are you on removal proceeding if I may ask.

pakapoa 11-29-2016 11:04 PM

Re: AOS From DACA 2nd RFE big mistake
 
Yeah. I traveled successfully with ap.
Let's go back. I come in a tourist visa in 1999.

Around 2003 my dad filled asylum which was denied. Case went to removal and judge order the family to self deport in 2011. then DACA in 2012.

JohannBernoulli1667 11-29-2016 11:22 PM

Re: AOS From DACA 2nd RFE big mistake
 
Quote:

Originally Posted by pakapoa (Post 591562)
Yeah. I traveled successfully with ap.
Let's go back. I come in a tourist visa in 1999.

Around 2003 my dad filled asylum which was denied. Case went to removal and judge order the family to self deport in 2011. then DACA in 2012.

So what was the verdict?

Will you be able to adjust via USCIS or will there be complications? Perhaps it would be best to speak to a lawyer on this.

pakapoa 11-30-2016 02:54 PM

Re: AOS From DACA 2nd RFE big mistake
 
Well.. No conclusions yet. here is as article I found from
https://www.uscis.gov/sites/default/...atus011207.pdf

Tanzina009 12-04-2016 12:52 PM

Re: AOS From DACA 2nd RFE big mistake
 
Quote:

Originally Posted by pakapoa (Post 591499)
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.

you have to get a financial joint sponsor if your husband didn't make 125% the poverty line on last year's Tax records. The joint sponsor doesn't need to be related to you, but needs to have made 125% above the poverty line on last year's tax records.


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