Really need advice, filed wrong form?

[belinda63 2,981]

For us slaves to the system having less than 40 hours a week is the norm. This allows for no overtime in case you stay a few minutes late on a shift. Benefits such as vacation, sick days, insurance, etc. are all at the discretion of the employer. Since the ACA passed some places have refused to schedule people more than 30 hours per week as 32 or more hours per week would make them full-time for ACA purposes and the employer would have to provide insurance (implementation delayed until 2015).

Makes me wonder why some people consider the US to be a wonderful place or why they want to come here to work. Many other countries have much better benefits for their workers.

[acer925 0]

You do need to show proof of current income, either paystubs or a letter from your employer, especially if you have not had a steady job for years. If you are really paid hourly with no paid vacation, you'd have to deduct vacation from your calculation.

You don't get paid for 52 weeks of work a year?

I've worked with current company for a year and a half and I do get paid vacation and paid sick time also. On the I864 it just asks for a tax return I believe, so is the pay stubs and letter just as an added "safety net" opposed to a requirement? Thanks

[acer925 0]

$11.12 X 39 hours X 52 weeks = $22,551.36

Harpa, but that calculation is my gross income, I thought they go by your income after taxes are taken out. My bi weekly check is $520, I pay close to $200 month for health insurance through my employer which is taken out of my paycheck.

[belinda63 2,981]

Gross is what counts. The income tax return (complete) is required. Paystubs and an employment letter are recommended. Why not send everything you can rather than risk another RFE?

[Harpa Timsah 13,258]

Harpa, but that calculation is my gross income, I thought they go by your income after taxes are taken out. My bi weekly check is $520, I pay close to $200 month for health insurance through my employer which is taken out of my paycheck.

Gross income is what counts, as I have been saying.

Proof of current employment is most often required. Many people get RFEs for this.

[acer925 0]

Ok thanks guys for clearing it up for me!

[acer925 0]

Hi guys,

Last question before sending this thing out, for the I-131 app. For travel document, the first part asks type of application, would I check off that my wife is a conditional resident of the US and is applying for a re-entry permit? Or would it be "applying for advanced parole document to allow return to US after temporary foreign travel"? The other choices don't seem right, unless she is a US refugee or asylum. Just to be sure, should be filing the I-131 correct? Thanks all..

[belinda63 2,981]

Advance parole, she is not yet a green card holder.

[acer925 0]

Advance parole, she is not yet a green card holder.

Thanks!!

[acer925 0]

Advance parole, she is not yet a green card holder.

Last thing, it says

"on separate piece of paper explain how you qualify for advance parole document and what circumstances warrant issuance of advanced parole, include copies of documents you which considered."

Is this necessary in our situation? If so, what are they looking for here? Thanks again!

-Anthony

[belinda63 2,981]

I really don't remember how we filed the form or how we answered everything. I know we just left the travel dates blank and stated he might wish to travel home to visit his family.

Be very careful. Although there have been rulings that a person with a pending AOS should be re-admitted to the US even with a ban for re-entry there is no guarantee the CBP agent she encounters will be aware of this. She has overstayed more than six months so she has a three year ban from re-entering the US if she leaves. Even with the AP document there may be difficulty in her returning. The best thing to do is have her sit tight until she gets her green card.

[Harpa Timsah 13,258]

You don't need an explanation. It's in the instructions. Read carefully

[AnotherLostSoul 167]

But if you know 100% you won't be needing to step out of the country in that 2 or 3 months of AOS process, you don't need an AP. We never applied for one as we knew that we won't be needing to leave in that time frame. Just a thought...

[acer925 0]

Thanks guys,

I think we will not file the I-131 then, the 3 months is no problem for staying put..I just thought we had to file this form and also to have the correct filing fee of $1,070 when filed together. So it's ok to leave this form out then? Thanks all

[belinda63 2,981]

yes