AOS from Work visa

[BT78 0]

Hi all,

My friend hasn't found VJ yet so I thought I would ask for her. I adjusted from a different visa so I was hoping to ask how the procedures are different.

USC married her husband in February, and filed an I-130 for him. They received an NOA for it. (Her non-USC husband has been here on a work visa; she was not aware that she should've filed an I-485 concurrently).

Non-USC husband entered the country on an E1, and was able to get a Work Visa while he was here. He has a Social Security number, and has been paying taxes.

Question is: What additional documents have to be in the AOS package in this situation? (Do they include work visa documents? Non USC's tax returns? The USC is earning enough to cover 125% above poverty level requirement)

Your help is always greatly appreciated!

[Otto 83]

The link below should be their Guide...

http://www.visajourney.com/forums/index.ph...page=i130guide2

[BT78 0]

(Pardon the repeat post, can't figure out how to edit my previous post )

Hi all,

My friend hasn't found VJ yet so I thought I would ask for her. I adjusted from a different visa so I was hoping to ask how the procedures are different.

USC married her husband in February, and filed an I-130 for him. They received an NOA for it already (Her non-USC husband has been here on a work visa; she was not aware that she should've filed an I-485 concurrently).

Non-USC husband entered the country on an E1, and was able to get a Work Visa while he was here. He has a Social Security number, and has been paying taxes.

Question is: What additional documents have to be in the AOS package in this situation? Additional because I was hoping to know what other documents they need that are not on the list in the guides.. (Do they include work visa documents? Non USC's tax returns? The USC is earning enough to cover 125% above poverty level requirement)

Also, is there a need to apply for an EAD if he is already here on a Work visa? (I previously read a member being advised to apply for the EAD just in case he becomes laid-off or something)

Your help is always greatly appreciated!

[BT78 0]

Thank you for your reply, Otto and Karin.

Yes we have gone through the guides, but did not see the non-USC's tax returns. If the USC is already earning enough for the I-864, does that mean they do not need to include the non-USC's tax returns in the AOS package? (They have only been married in February this year so they haven't filed a joint tax return yet).

Also, do they need the EAD?

Thanks again!

[Boiler 45,651]

Are you sure it is an E1.

They do not come with work authorisation.

[BT78 0]

Are you sure it is an E1.

They do not come with work authorisation.

NonUSC entered on an E1, but he is now here on a work visa (I'm not sure if it's an H1B or H2B, will have to check with the spouse friend)

[Boiler 45,651]

Are you sure it is an E1.

They do not come with work authorisation.

NonUSC entered on an E1, but he is now here on a work visa (I'm not sure if it's an H1B or H2B, will have to check with the spouse friend)

Then E1 is irrelevant, current status is what matters.

[BT78 0]

Are you sure it is an E1.

They do not come with work authorisation.

NonUSC entered on an E1, but he is now here on a work visa (I'm not sure if it's an H1B or H2B, will have to check with the spouse friend)

Then E1 is irrelevant, current status is what matters.

Thanks for the inputs!

To go back to the original question, are the tax returns of the non-USC needed for the AOS? And the EAD? Thanks again!

Edited August 19, 2009 by BT78