Filing I-130 & I-485

[Mrs. Forgetful 2]

I was wondering if we have to submit the I-130 with the I-485? The problem is that I won't have the affidavit of support finished until maybe the end or middle of the month due to back taxes for 2004. So I can't send the I-485. Is there a way around this?

I know I can get a letter saying that I am in the process of filing. When I talked to the IRS about the letter, they didn't have a clue. So what kind of a letter would be accepted for me filing and sending it in?

Also I understand that they only need a copy of last years income tax. But it also asks that I filed for the past three years and that's what I am working on now.

One more question. Last year I made way under the poverty line. But now I am making over it and I've had this job for almost a year. Will they look at my income now as being sufficient or last year?

Thanks!

J9

[camaleon 0]

Hi.

Yes, u have to file all together, don't forget G-325.

You defenitly need the affidavit so if I was u, i'd take my time to make sure everything is perfect. Most comon RFEs are related to Affidavit.

c u later.

Edited July 31, 2006 by camaleon

[Kez/JWolf 6]

J9Melihi... I am confused... your timeline indicates you came on a K3 if this is so why would you be filing a I-130.... if you did not enter on a K3 the what visa did you enter on??? because this will dictate what action you need to do to file AOS....

Kezzie

[Mrs. Forgetful 2]

My husband came here on a student visa not K-3 sorry. I forgot to fix that.

[Kez/JWolf 6]

Then yes you need to file the I-130 along with the AOS... if your tax return for 2005 does not show you meet 125% above the povery line you will need a co-sponsor.... regardless of what your income is now...

Kezzie

[Mrs. Forgetful 2]

I read that as long as I can show that my current income is 125% above the 2006 poverty line, then all I have to do is send in 6 months of pay stubs. I have that, and I can get a letter from my employer. Will this be ok or do I still need a co-sponser?

[Kez/JWolf 6]

You could try that but many people who are in the same situation end up getting a RFE asking for a co-sponsor.... and this will slow down your AOS processing...

We filed a co-sponsor with our AOS but at the interview we showed our income with pay stubs and letter from employer and we were given back our co-sponsors paperwork as not needed....

Hope this helps

Kezzie

[Mrs. Forgetful 2]

Thanks! DO you know anything about the IRS tax letter or know where I can find info about it?

[Kez/JWolf 6]

Sorry I dont....

Kezzie

[Yodrak 7]

J9Melihi,

I don't believe that you have to submit I-130 and I-485 together, but if you don't submit them together then you do have to submit I-130 first and you will want to include a copy of the I-130 Receipt Notice with the I-485 as evidence that an I-130 has been submitted.

Income needs to be both adequate and sustainable. If your past income and work history does not help in this regard then you may have issues. Why was last year low, what do the years prior to last year show, and what can you come up with to show that your current situation is likely to continue or improve?

Yodrak

I was wondering if we have to submit the I-130 with the I-485? The problem is that I won't have the affidavit of support finished until maybe the end or middle of the month due to back taxes for 2004. So I can't send the I-485. Is there a way around this?

....

One more question. Last year I made way under the poverty line. But now I am making over it and I've had this job for almost a year. Will they look at my income now as being sufficient or last year?

Thanks!

J9

Edited July 31, 2006 by Yodrak

[Mrs. Forgetful 2]

I was living with my father all of last year til I got back on my feet after college. Not to mention I was in Germany for the first three months. I was working a part time job for 6 months then was hired full-time at my current job. I have pay stubs for this whole past year, so that's not a problem. I make enough and I don't have to worry about the money situation. But it's how they will see it that I am worried about. I'm just gonna send everything and wait to see what they decide.