AOS, K-3 Married over 2 years, Citizen is laid off but immigrant now makes enough!

[okcomputer_1 0]

Ok, this one is really tricky

My wife is here on a K-3 and her visa is about to expire in 3 months. We are about to file AOS. We waited because we got married overseas and by the time she got here we were already married for a year and I figured if we waited another year then we wouldn't have to go through the provisional green card thing and just get the real deal green card and no interviews... that is correct right?

Next, on the I-864 affidavit of support. She, the intending immigrant has been working for a year and makes 38k, but I am recently unemployed but I have made plenty for the last three years... like 50k 60k etc. So, I am putting her down and listing her income (listing me as unemployed)since she was on our taxes and will continue with this job and has an employment letter stating what she makes and everything and there is no reason that she will not continue working there. Will this be ok or will they disregard all of the hard work I have been doing till this point since I'm unemployed?

Finally, since we waited to file AOS her medical exam is more than one year old. We have a copy of the entire thing... ds-2053,ds-3024,ds-3025,ds-3026... what should we do in this case? I'm thinking of copying it and sending it in and risking it, or I have read about updating one of the forms to i-693 but since her forms are already one year old then does she need a new examination?

[Reba 2]

She will need to undergo an entirely new medical exam. The results of the last one are only valid one year.

As for her being a primary "spnsor" on the affidavit, I don't know if that is possible. Others may have more information.

[Kez/JWolf 6]

You would still have to be her primary sponsor but you can list her income under household income, Q24 B on the form. If you read the step by step instructions (see below) it shows this can be done as long as the Immigrants income will continue after AOS is granted.

http://www.uscis.gov/files/form/I-864.pdf

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

As for the medical she will need to have a new medical just make sure she takes all the evidence of her vaccinations with her to the Civil Surgeon.

Edited March 13, 2009 by Kez/JWolf

[edp333 9]

Ok, this one is really tricky

My wife is here on a K-3 and her visa is about to expire in 3 months. We are about to file AOS. We waited because we got married overseas and by the time she got here we were already married for a year and I figured if we waited another year then we wouldn't have to go through the provisional green card thing and just get the real deal green card and no interviews... that is correct right?

I will address your first question since nobody has answered this yet. You will still have to go through all the steps of getting a green card including the interview. The difference is the green card for being married less than two years is a conditional green card. The conditional green card requires Removing Conditions at 21 months after the card is issued. The green card issued when married more than two years is a ten-year green card.

Both green cards are a real deal. Becoming a US citizen is yet another process.