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Filed: Country: Haiti
Timeline
Posted

Hi everyone.Im in a bit of a mess here.My husband works in nightclubs as an Event Promoter and doesnt file for taxes.He told me he would file ,but he has a problem doing what he says he's going to do.Also I think he has trouble proving hisincome since he works under the table.He gets paid with checks though..What makes matters worse,he's not making enough money at all lately.We are behind on our bills and could barely make ends meet.I just received my social security number and work authorization about two months ago( I filed for an immigration benefit 2 yrs ago and finally fot approved...) Anyhow,my uncle is willing to be a co sponsor.He makes a grat and has no dependents.amy husband is thinking of getting financial assistance from the government and im scared that this will affect me getting my green card. We've always struggled,but we never ended up homeless or hungry.He managed to support me even berore we got married about 5 yrs ago.He also supports our child.We do get a helping hand from relatives here and there as well. We are both young and he made many mistakes that he is now paying the consequences for ( getting fired,not finishing his degree,not planning for success,etc). Some will ask how will he support me if he's in a financial crisis...All I know is that I've been living in the US. since I was a child and have never been in the streets or a beneficiary of governmnt assistance ( not that ai would qualify anyway lol). And we've been struggling together for 5 + years.I dont know how to answer this question honestly.?.So if he gets public asstistance will this affect my petition even though I will have a co sponsor ?

Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

Posted

Is your uncle a USC or LPR?

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted (edited)

Your husband qualifies for public assistance as a USC and your child does as well if they are a USC. In most cases you do not. It shouldn't affect your AOS, though, as long as YOU do not get the benefits. However, even with a cosponsor your husband is the primary sponsor so he needs to fill out an I-864 even if his income is inadequate AND provide taxes from last year (and state whether he has filed for the last 3 years) so if that hasn't been done it will need to be first.

Edited by ceadsearc

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Your husband is technically self-employed and should be filing taxes as such.

There's no such thing as getting 'paid under the table' when you're getting paid in checks. That leaves a paper trail. If the night club(s) he's promoting do not issue him 1099's for contract work, they're going to get in trouble. Not being issued a 1099 is no excuse in the eyes of the IRS for not filing self employment taxes. (if they are issuing him 1099's and he's not declaring his income to the IRS, he's in even bigger doodoo)

It will only be a matter of time before the IRS catches up to him. He needs to file taxes, and he needs to do it NOW.

Your husband sounds like mine, and you need to give him a kick in the a$$ and nag him until it gets done. (Trust me it works. I nagged from 3000 miles away and hubby finally filed five years of taxes he 'kept forgetting'.) Use the argument he is married and has a child, he could be eligible for the EIC and or the child tax credit and he's letting the government keep his money interest free.

If the income isn't sufficient, get a co-sponsor, which you already have.

As another poster said; if your husband and child are USC's then they can get assistance. He can mosey down to the local Department of human services and get anything they will give him for him and the child. You on the other hand, can not. USC's getting benefits does not effect the immigrating beneficiary. BUT he'll need his 1040 and Schedule C for self employment income to prove what income he does or does not have to be eligible for anything.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

Filed: Country: Haiti
Timeline
Posted

Is your uncle a USC or LPR?

He's a USC.

Great advice everyone.Thank you all !!

Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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