AOS vs. CP -- Spouse vs. Parents
- Thread starter jenimmi
- Start date
ocworker said:
You don't need a lawyer for DCF or I-130, if your case is st. forward. I am doing DCF for my wife through India, will be going to US Embassy on Tuesday. You just need to file simple forms and that's it.
BTW - Do they do DCF from Taiwan? I thought it was only done at couple of places, like New Delhi, some where in mid east and so on.
JohnnyCash
Volunteer Moderator
Thought to share an important fact about I-864 in respect to AOS and DCF.
As many of you guys are aware of the fact that INS has now changed the requirement of submitting 3 yrs tax returns for the purpose of furnishing I-864; rather INS now requires ONLY one year’s tax return instead of 3 yrs returns. However, it should be noted that this change applies only for AOS and not for DCF. According to the interim memo issued by INS on November 23, 2005 about this changes, INS has clearly stated therein that this changes apply ONLY for AOS and not for DCF because US State Department (US embassies and Consulates) has not yet adopted these changes, nor they are obligated to adopt these changes as these changes are not a part of the law so to say everyone must need to abide with it; rather these changes are just ‘amending regulations’.
That means, until US State Department adopts this new regulations, applicants for DCF would still require 3 yrs tax returns. And, the same memo also says that there is no need of submitting W-2, employment letter, and other supporting documents along with I-864 if sponsor submits IRS issued tax transcript than the copy of tax returns. It is so easy to get the tax transcript from IRS. Just call them at 1-800-829-1040 and request them to send you form I-1722 which is transcript. After calling them, you will receive it within a week in the mail.
Further, people can retain an attorney in the US to help them in DCF for their love ones, but they don’t have to if they can handle everything by their own. The effectiveness of having attorney is more powerful during DCF than AOS because US Embassies do pay extra attention to a case if there is an attorney on the case unlike during AOS as the presence of an attorney doesn’t impress much to INS. Doesn’t know why such a difference; rather my take on is-since the people who handle the initial processing of a case during DCF are the nationals of that country unlike the employees of INS who are US citizens. Thus, it could be possible that INS employees are not much intimidated by an attorney.
Though all most every immigration attorney claims to handle immigration matters with US consulates as well as they are indeed capable of dealing such matters, yet still it is my recommendation to hire an attorney who deals with immigration matters with US Consulates routinely, especially with the particular US Consulate wherein DCF would be processed. Because an attorney who deals with US consulates routinely normally keeps himself aware of all the new local rules and procedures of that particular US Consulate, in addition to having full personal knowing of certain officers there and of course they would have updated fax numbers of certain officers in that particular embassy.
The only drawback of doing DCF as per my understanding is that if something goes wrong in the DCF then it would take a VERY long time for a case to be finalized because then 98% of the adjudication would be done in the US upon the request of US Embassy.
As many of you guys are aware of the fact that INS has now changed the requirement of submitting 3 yrs tax returns for the purpose of furnishing I-864; rather INS now requires ONLY one year’s tax return instead of 3 yrs returns. However, it should be noted that this change applies only for AOS and not for DCF. According to the interim memo issued by INS on November 23, 2005 about this changes, INS has clearly stated therein that this changes apply ONLY for AOS and not for DCF because US State Department (US embassies and Consulates) has not yet adopted these changes, nor they are obligated to adopt these changes as these changes are not a part of the law so to say everyone must need to abide with it; rather these changes are just ‘amending regulations’.
That means, until US State Department adopts this new regulations, applicants for DCF would still require 3 yrs tax returns. And, the same memo also says that there is no need of submitting W-2, employment letter, and other supporting documents along with I-864 if sponsor submits IRS issued tax transcript than the copy of tax returns. It is so easy to get the tax transcript from IRS. Just call them at 1-800-829-1040 and request them to send you form I-1722 which is transcript. After calling them, you will receive it within a week in the mail.
Further, people can retain an attorney in the US to help them in DCF for their love ones, but they don’t have to if they can handle everything by their own. The effectiveness of having attorney is more powerful during DCF than AOS because US Embassies do pay extra attention to a case if there is an attorney on the case unlike during AOS as the presence of an attorney doesn’t impress much to INS. Doesn’t know why such a difference; rather my take on is-since the people who handle the initial processing of a case during DCF are the nationals of that country unlike the employees of INS who are US citizens. Thus, it could be possible that INS employees are not much intimidated by an attorney.
Though all most every immigration attorney claims to handle immigration matters with US consulates as well as they are indeed capable of dealing such matters, yet still it is my recommendation to hire an attorney who deals with immigration matters with US Consulates routinely, especially with the particular US Consulate wherein DCF would be processed. Because an attorney who deals with US consulates routinely normally keeps himself aware of all the new local rules and procedures of that particular US Consulate, in addition to having full personal knowing of certain officers there and of course they would have updated fax numbers of certain officers in that particular embassy.
The only drawback of doing DCF as per my understanding is that if something goes wrong in the DCF then it would take a VERY long time for a case to be finalized because then 98% of the adjudication would be done in the US upon the request of US Embassy.
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I see that IRS transcripts are good enough to send with I-864 and the other financial proof are not required.. Is it only for DCF, or does this apply for AOS cases also?
Does any one here know how to get this from the IRS?
If we manage to get the Transcripts, should they be notarized before we send these?
Are the transcripts alone enough, if the sponsor had filed taxes jointly or should the W2s be sent (if joint taxes were filed) in this case?
Thanks.
Does any one here know how to get this from the IRS?
If we manage to get the Transcripts, should they be notarized before we send these?
Are the transcripts alone enough, if the sponsor had filed taxes jointly or should the W2s be sent (if joint taxes were filed) in this case?
Thanks.
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JohnnyCash
Volunteer Moderator
jenimmi said:
Nothing has changed for DCF yet as far as I-864 goes. That means-whatever new changes INS has made recently about I-864 on 11/23/05, those apply ONLY for AOS and not for DCF. For DCF, people still need to send tax returns for 3 yrs with all kind of supporting documents such as W-2, employment letter, and etc.
JohnnyCash
Volunteer Moderator
jenimmi said:
Dial 1-800-829-1040 to call IRS and press O immediately when boring and tiresome automatic voicemailed information starts. This way you don't have to wait for so long to speak to a live IRS representative/agent. Just tell the IRS representative that you need the form I-1722, which is tax transcripts itself. They will put that in the mail right away, which could be received within a week.
JohnnyCash
Volunteer Moderator
jenimmi said:
Tax transcripts don't need to be notarized as they are official documents which INS can verify very easily.
JohnnyCash
Volunteer Moderator
jenimmi said:
Transcripts are enough for AOS without the need of submitting any other supporting documents such as W-2, job letter and others. Also, transcripts would also include the information whether taxes were filed individually or jointily.
However if I were you, I will send tax returns with all the supporting documents along with IRS tanscripts if I have filed joint tax returns; otherwise all this could be very confusing and may trigger RFE by INS. Because tax transcripts don't say who and what income made by an individual if a tax return is filed jointly. Thus, INS might have no way to know about sponsor's income for the purpose of I-864 wherein sponsor's income is all matter. Thus, I won't take any chance wherein a situation could be confusing and messy.
JohnnyCash
Volunteer Moderator
jenimmi said:Thank you JohnnyCash. You're comments are very helpful, as always!
You're welcome.
On Friday, I happened to find out a few things that I wanted to share:
I wanted to find out if the timeline that we see for AOS is different for Parents from Spouses in the DO. Newark office confirmed that the local DO (Newark or any other) takes less time to adjudicate Imm Relatives AOS, if they are Parents as opposed to Spouse. I asked specifically why that was the case and the answer I got was - It is easier for them to confirm the Parents - petitioner relationship, with the list of docs sent whereas they scrutinize spouse cases at length to weed out fraudulent apps.
I believe the timeline we see in the sticky thread, mostly are for spouse apps and we should comfortably be able to shave off at least 2 months from the time line for parents (based on my conversation).
I thought only one Parent G-325A should be sent with the I-485 package. The instructions say only for spouse cases G-325 A need to be sent by the petitioner as well. But when I called the USCIS 800 information line, I was told even for Parents - Two G-325A (one each by Parents and Petitioner) needs to be sent. The rep told me that it was a mistake on the instructions form, but I would have to send both G-325A. Well.. We've heard so much about the "Mis-information" line - I don't know if I should reconfirm this with another rep, but they keep you on hold for so long before you get a human on the line - So, I decided to send 2 G-325A, just in case.
Can some one please confirm this ?
When I send the I-130, I-485 package - ONLY COPIES of supporting docs need to be sent?
Exceptions are :
Affidavits (if any)
Employment letter
Tax Transcripts
Medical results (sealed envelope from Dr)
need to be originals. Please confirm. Thanks.
I wanted to find out if the timeline that we see for AOS is different for Parents from Spouses in the DO. Newark office confirmed that the local DO (Newark or any other) takes less time to adjudicate Imm Relatives AOS, if they are Parents as opposed to Spouse. I asked specifically why that was the case and the answer I got was - It is easier for them to confirm the Parents - petitioner relationship, with the list of docs sent whereas they scrutinize spouse cases at length to weed out fraudulent apps.
I believe the timeline we see in the sticky thread, mostly are for spouse apps and we should comfortably be able to shave off at least 2 months from the time line for parents (based on my conversation).
I thought only one Parent G-325A should be sent with the I-485 package. The instructions say only for spouse cases G-325 A need to be sent by the petitioner as well. But when I called the USCIS 800 information line, I was told even for Parents - Two G-325A (one each by Parents and Petitioner) needs to be sent. The rep told me that it was a mistake on the instructions form, but I would have to send both G-325A. Well.. We've heard so much about the "Mis-information" line - I don't know if I should reconfirm this with another rep, but they keep you on hold for so long before you get a human on the line - So, I decided to send 2 G-325A, just in case.
Can some one please confirm this ?
When I send the I-130, I-485 package - ONLY COPIES of supporting docs need to be sent?
Exceptions are :
Affidavits (if any)
Employment letter
Tax Transcripts
Medical results (sealed envelope from Dr)
need to be originals. Please confirm. Thanks.
backroady said:
Until I saw your post, I was pretty sure that Originals of affidavits need to be mailed. But now I'm not sure any more. The application instructions does not say whether these affidavits to be mailed should be copies or originals?
But the thing is - If we file the originals, then we may not have anything to carry as originals to the interview.
So, ari4u, JC or any expert please tell us if Originals (or) copies of affidavits (Birth, Marriage) need to be mailed with the I-130, 485 package? Thanks.
You thought right. And, the instructions are correct.jenimmi said:
Those reps never give correct information. You can't trust them. Did he give you a link to the information he had? I don't think so.
That's what it is - a "Mis-Information line". So, there is no guarantee that the second rep would be aware of the immigration requirements.
Do not send a G325-A for yourself, just for your parents!
Add to the list of exceptions:
I-864, I-864A
Thanks much, Anahit. I didn't see you around for a bit.. Just when I started missing you, here you are.. 
Yeah.. tell me about the "mis-information line"... It was funny that I told the the rep (it was a she) that the form's instructions clearly says only one G-325A for parents and she was so irritated the 2nd time that I mentioned it, she let out such a big sigh, indicative of acute ignorance of the caller (me)
So about the affidavits, should I get 2 affidavits of each, instead of 1 ? Because if I send the originals with the forms, then I would definitely need Originals again to take with me to the interview? What did you do in your case? Did you take copies or originals of affidavits to your parents interview?
Yeah.. tell me about the "mis-information line"... It was funny that I told the the rep (it was a she) that the form's instructions clearly says only one G-325A for parents and she was so irritated the 2nd time that I mentioned it, she let out such a big sigh, indicative of acute ignorance of the caller (me)
So about the affidavits, should I get 2 affidavits of each, instead of 1 ? Because if I send the originals with the forms, then I would definitely need Originals again to take with me to the interview? What did you do in your case? Did you take copies or originals of affidavits to your parents interview?
Irs
I called the 800-829-1040 (Thanks, JC ) and requested the tax transcripts for yrs 2002 - 2004. They confirm your identity by asking a 100 different questions (well, not exactly that many ), but I would say it's a world of service much better than USCIS.
I didn't know that this was an option, but the lady asked me if I wanted them faxed and I got it within a half hour. All the while, she just put me on hold when she faxed and made sure that I received it and even asked me if there was anything else. I thanked her for her efficiency. She also said she was going to mail a set to me. Nice way to start a week!
I just wish I had asked her to send my W-2s as well, 'cos I couldn't find them at home - but I forgot.
I called the 800-829-1040 (Thanks, JC ) and requested the tax transcripts for yrs 2002 - 2004. They confirm your identity by asking a 100 different questions (well, not exactly that many
), but I would say it's a world of service much better than USCIS. I didn't know that this was an option, but the lady asked me if I wanted them faxed and I got it within a half hour. All the while, she just put me on hold when she faxed and made sure that I received it and even asked me if there was anything else. I thanked her for her efficiency. She also said she was going to mail a set to me. Nice way to start a week!
I just wish I had asked her to send my W-2s as well, 'cos I couldn't find them at home - but I forgot.
Hi Jenimmi,jenimmi said:Thanks much, Anahit. I didn't see you around for a bit.. Just when I started missing you, here you are..
Yeah.. tell me about the "mis-information line"... It was funny that I told the the rep (it was a she) that the form's instructions clearly says only one G-325A for parents and she was so irritated the 2nd time that I mentioned it, she let out such a big sigh, indicative of acute ignorance of the caller (me)
So about the affidavits, should I get 2 affidavits of each, instead of 1 ? Because if I send the originals with the forms, then I would definitely need Originals again to take with me to the interview? What did you do in your case? Did you take copies or originals of affidavits to your parents interview?
I was around, but thanks anyway
I kept the copies of I-864. As for affidavits from their relatives/friends, I made 2 copies of each, and had them sign both copies, so I had 2 originals of each. I did not notarize those.
JohnnyCash
Volunteer Moderator
jenimmi said:
If someone would send/submit the original of a document to INS, then it is obvious that INS won't ask to see the original of that document during the interview even if interview letter might ask to bring the original of that document to the interview. Why is it so? Because INS would already have original of that document to get convinced/satisfied. Thus, it would make no sense for them to ask again to see the original of it.
INS likes to see the original of only those documents which they don't have original of them in the file to see them. And, the only time they will like to see original documents is-if they would have any doubt about the validity of copy of any document submitted.
About affidavits in lieu of birth and marriage certificate, then it is highly advisable to make 2 set of each affidavit. One is for INS, and other is for future use for some other purpose.
The only original documents MUST be sent along with I-485 applications are- [1] I-864; [2] Medical report in a sealed envelop; [3] of course, pictures. Any other document could be a photocopy.
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