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beskuri

PR applicant needs help please...thank you!

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Let me first say "THANK YOU" to the invaluable help and the awesome guides this forum and its members have given me while I am in the process of applying for my US permanent residency. I just have a few concerns to square away before I finally submit my application.

This is my story. I originally entered the US in December 2007 with an F1 (student) visa. I graduated in December 2010 and my EAD (for OPT) was approved for January 2011 - January 2012. I got married in August 2009, but because of limited income and with my husband being a full-time student with only part-time work, we have decided to postpone my application for green card. At that time, it was fine because I still had my F1 and then EAD (OPT).

I started gathering my green card paperwork around May 2011. I figured this is the best time so that hopefully, if it all works out, I will receive my green card before my EAD(OPT) expires in January 2012. My i693 was even completed by a civil surgeon back in June 2011. We had almost everything ready except for the i864 form. We were waiting on my father-in-law whose tax returns were still pending at that time (he has his own business and had some IRS back taxes issues). We needed to make him as a co-sponsor since my husband wasn't working then. Unfortunately, this dragged forever and we couldn't get a tax return from him. We tried to look for other sponsors but it was proving to be difficult.

My husband and I have now decided to apply on our own. I was doing some research here at VisaJourney and realized that I can use the income I earned last year towards proof of income. (Wish I had researched better and knew this earlier!) My husband and I have filed as "married filing jointly" in our 3 years of marriage and for 2011 tax year, our combined income was about $22,000 (90% coming from my income). We have no kids. We also have savings of about $12,000 in our bank accounts. We are big-time savers, coupon shoppers, and have really tried to scrimp and save every penny we could even on a limited income. We have no house mortgages, loans, or debts. We also don't have any other assets to speak of besides our savings. (Looking at investments options but we're not there yet!)

Currently, I am unable to work due to my expired work visa. My father-in-law was my employer and he is of course very understanding with my current situation. He is willing to give me my position back as soon as I get my employment authorization. He is also willing to provide a letter of employment offer if necessary.

So here are my questions:

1) As I am currently unemployed, would this hurt our case in showing proof of income? Would declaring our assets help?

2) Would I have to do my i693 (medical exam) again since mine was done in June 2011?

3) Should I include an i745 (work permit) with my green card application? Or would it be better not to?

4) Is there a chance I could ask to expedite since I have an employment offer? Or would this hurt my application?

My apologies for the lengthy post. I appreciate your time. Any answers, tips, and suggestions would be greatly welcomed. Thank you! :star:


AOS from F1/OPT

[00] 20120601: AOS application mailed to Chicago Lockbox

[05] 20120606: NOA received

[18] 20120619: Biometrics completed / EAD approved online

[26] 20120627: EAD card received (expedited through CM)

[38] 20120709: Interview notice received

[68] 20120808: Successful interview with IO

[69] 20120809: 10-year green card approved, yay!!

Grateful for VJ and its fab members!

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1) You can't use past income. You will be asked to prove you still have the job. You are out of status now so they will know you don't. You could have had you done this last year but it is too late now. You CAN include assets - they are at 3x the rate of the difference. So if your husband is 3,000 short of the poverty line with his income, your assets need to be $3000x3= $9,000.

2) If your medical expires or will expire before USCIS accepts your documents you will need a new one. It is good for one year.

3) Definitely apply for employment authorization, it's free to do so with AOS.

4) You can request an expedite. With a written offer in hand it may be granted. No guarantees though.


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

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What he said.

Your husband will have to start making more or find a co-sponsor.

If your income is 22,000 and 90% of that is yours that means your hubby is only making 2,200 a year...

You are out of work now...so how are you living on less than $200 a month?

In order to make up the difference you would need a lot more than $12,000 in assets.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Thank you for your responses. I should have made the income part clearer. Last year, my husband only worked part of the year, hence, the really low income on his part. He now roughly makes about $11,000 annually through the same work. He also has side jobs to compensate for my loss of wages. Can he include miscellaneous income as proof of income as well?


AOS from F1/OPT

[00] 20120601: AOS application mailed to Chicago Lockbox

[05] 20120606: NOA received

[18] 20120619: Biometrics completed / EAD approved online

[26] 20120627: EAD card received (expedited through CM)

[38] 20120709: Interview notice received

[68] 20120808: Successful interview with IO

[69] 20120809: 10-year green card approved, yay!!

Grateful for VJ and its fab members!

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Thank you for your responses. I should have made the income part clearer. Last year, my husband only worked part of the year, hence, the really low income on his part. He now roughly makes about $11,000 annually through the same work. He also has side jobs to compensate for my loss of wages. Can he include miscellaneous income as proof of income as well?

If he could list them as a job and prove consistancy maybe...I think that would be difficult.

Even still you will need a cosponsor. For your assets to be of any use you will have to be within 4,000 of the limit.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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That's what I am afraid of. We are now thinking of perhaps risking the chance of denial and going for the PR application and to include the i745. Is it true that the work permit gets granted first? Maybe that employment offer I have can help. Once granted EAD, I can make an Infopass appointment and show that my additional income will help us both meet the poverty guideline.

Thanks for the prompt responses!


AOS from F1/OPT

[00] 20120601: AOS application mailed to Chicago Lockbox

[05] 20120606: NOA received

[18] 20120619: Biometrics completed / EAD approved online

[26] 20120627: EAD card received (expedited through CM)

[38] 20120709: Interview notice received

[68] 20120808: Successful interview with IO

[69] 20120809: 10-year green card approved, yay!!

Grateful for VJ and its fab members!

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That's what I am afraid of. We are now thinking of perhaps risking the chance of denial and going for the PR application and to include the i745. Is it true that the work permit gets granted first? Maybe that employment offer I have can help. Once granted EAD, I can make an Infopass appointment and show that my additional income will help us both meet the poverty guideline.

Thanks for the prompt responses!

you can risk it, but not everybody gets their EAD before the GC.


jF5Jm7.png


AOS from F1:
Day0 -- 2012.05.08 Sent packet through USPS
Day1 -- 2012.05.09 Packet delivered at 1:29pm
Day7 -- 2012.05.15 Emails/texts acceptance confirmation at 5:16pm
Day8 -- 2012.05.16 Checks been cashed in the morning
Day11--2012.05.19 I-797C 4 hard copies received.
Day14--2012.05.22 Biometrics Appointment received. Scheduled for June 5th.
Day15--2012.05.23 Biometrics Completed at 1:30pm (2 weeks earlier than the scheduled date)
Day27--2012.06.04 Card production ordered for EAD&AP
Day28--2012.06.05 Second card production ordered email received for EAD.(why?)
Day30--2012.06.07 EAD&AP Combo Card mailed
Day32--2012.06.09 EAD&AP Combo Card received
Day98--2012.08.14 Interview scheduled for Sep.18th @12:30pm(thank god I don't have school that day)
Day100-2012.08.16 Interview notice hard copy received
Day133-2012.09.18 Interview!! I-485 updated to Card Production around 3:30pm
Day134-2012.09.19 Online Update: I-130 approved; I-485 New permanent Resident Status Registered.
Day136-2012.09.21 Second Card production Email.
Day141-2012.09.26 GreenCard received. (Done for 2 years!)

ROC:

Day0 -- 2014.07.07 Sent package to CSC by USPS

Day1 -- 2014.07.08 Package delivered

Day3 -- 2014.07.10 Check has been cashed

Day4 -- 2014.07.11 I-797 Hard Copy Received

Day12--2014.07.19 Biometrics Appointment received. Scheduled for Aug 5th.

Day23--2014.07.30 Biometrics Completed @1pm (6 days early)

Day95--2014.10.10 Card Production

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That's what I am afraid of. We are now thinking of perhaps risking the chance of denial and going for the PR application and to include the i745. Is it true that the work permit gets granted first? Maybe that employment offer I have can help. Once granted EAD, I can make an Infopass appointment and show that my additional income will help us both meet the poverty guideline.

Thanks for the prompt responses!

You will likely get an RFE on the I-864 before you get an EAD approval...I have seen that many times.

I just don't see any way around this...you are going to need a co-sponsor or your hubby is going to have to take on more work.

I worked through school - it can be done if you want it bad enough.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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I don't have much to add, except that I'm in the same boat as far as the i-693. My husband's was done in June 2011, and we just submitted his AOS stuff. I'm still not sure if it's going to be ok or if we will get an RFE. I'll be sure to post here and let you know if they reject. I'm hoping that they take it, since we got it in before the year was up, but I guess we'll see.


AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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You are going to need a cosponsor. You'll probably get an RFE for the I-864 first, and that will stop processing on your applications so you won't get the EAD until you respond.

Back taxes don't take long to file. Have your FIL file them, and use him as a cosponsor. He doesn't have to pay off all his unowed taxes at once (nor do they all have to be paid before you file).


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

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Yes, I want to agree with the others that said you won't get an EAD without a suitable I-864. They will check that first before issuing anything. You need a co-sponsor.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Grateful for all your helpful input! :)

Seems like the best option for us is for my husband to take on more work. We approached his dad tonight and he is willing to employ my husband in his business to provide additional income. I personally don't want to rely on my FIL anymore as a co-sponsor because that is what I relied on last year and what happened was a bunch of delays and I don't want to go through that whole process again.

@jdh Congratulations on your recently approved green card! It's awesome how it only took 84 days for you, wow!

@DandT14 I would appreciate an update on that i-693. Good luck with your application and thank you!

Have a great Memorial Day weekend, everyone! :)

Edited by beskuri

AOS from F1/OPT

[00] 20120601: AOS application mailed to Chicago Lockbox

[05] 20120606: NOA received

[18] 20120619: Biometrics completed / EAD approved online

[26] 20120627: EAD card received (expedited through CM)

[38] 20120709: Interview notice received

[68] 20120808: Successful interview with IO

[69] 20120809: 10-year green card approved, yay!!

Grateful for VJ and its fab members!

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That will work as well. Good luck!


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

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