Ok we did it. Now AOS, anyone have factual answers to these questions?

[feito/feita 1]

Here it is. My gf entered on b2 visa. she has been here a few months and we decided to marry. Now obviously we need to start the AOS. Here are my concerns. I will number them so if you want to reply use the numbers for reference please. First a few facts. we DIDNT have plans to marry before she came, In fact she needs to return soon to mexico to complete personal tasks. (sell car, work issues, sell house, ect.) But as I understand it she cant leave yet or she wont be allowed to return. She has NOT overstayed her visa. In fact has another month before expires.

Concerns:

1. I do not qualify as a sponsor for the last 2 years. The returns I file this year will qualify. I cant get a sponsor. options?

2. I had legal issue in my past, (yes she is aware of) 30 years ago non violent felony. Is this a concern?

3. I have a current legal case pending, is a misdemeanor and attorney says in time will be dismissed, Do I include that in the application?

The bottom line is this..... Will they actually deny her AOS for any of these reasons?

[Hypnos 6,576]

1) Even if your income is $0 you are always the primary sponsor; if your income is insufficient then you will need to find a joint sponsor, or abandon your efforts to obtain a green card for her.

2) Provided it's not an Adam Walsh Act-related offense, then probably not. AWA is mostly concerned with sexual offences against minors.

3) The petitioner isn't required to submit details of their criminal history; it would only be an issue if it was for AWA-related issues, as I stated above.

[feito/feita 1]

1) Even if your income is $0 you are always the primary sponsor; if your income is insufficient then you will need to find a joint sponsor, or abandon your efforts to obtain a green card for her.

2) Provided it's not an Adam Walsh Act-related offense, then probably not. AWA is mostly concerned with sexual offences against minors.

3) The petitioner isn't required to submit details of their criminal history; it would only be an issue if it was for AWA-related issues, as I stated above.

thx for reply Hypnos.

1. I didn't write it well enough I guess, let me try again. I do not qualify as primary because I didn't file taxes last 2 years. I will file this year with adequate income. I am unable to get a joint sponsor. For this she will be denied?

If it is certain she will be denied, it would be foolish to waste the money in application fees.

2. no, the AWA does not apply. however I thought I read in the application you must include documents of any arrest ever in your life along with certified documents of the status of same.

[Hypnos 6,576]

1) Yes, she is certain to be denied if your income is insufficient and you cannot obtain a joint sponsor.

2) This is a requirement for the alien, not the petitioner (unless the petitioner has an AWA-related conviction).

Edited March 2, 2014 by Hypnos

[feito/feita 1]

1) Yes, she is certain to be denied if your income is insufficient and you cannot obtain a joint sponsor.

2) This is a requirement for the alien, not the petitioner (unless the petitioner has an AWA-related conviction).

ok, let me be sure I understand....... even though I DO meet qualifications now, she will be denied because I didn't meet the qualifications in the past?

[Hypnos 6,576]

If you meet the requirements now (i.e. your income is sufficient for your household size) then there is no issue, and you won't need to find a joint sponsor.

If this qualifying income is not on your most recent tax return then you will need to obtain a letter from your employer and / or pay stubs to show that your current income is sufficient.

[Camelot13 63]

This wasn't one of your questions but you mentioned she needs to return to her country for personal tasks. Keep in mind that she's not allowed to leave the country and re-enter until you file the AoS and receive Advanced Parole, which usually takes 2-3 months after filing.

[feito/feita 1]

This wasn't one of your questions but you mentioned she needs to return to her country for personal tasks. Keep in mind that she's not allowed to leave the country and re-enter until you file the AoS and receive Advanced Parole, which usually takes 2-3 months after filing.

I did mention I know she cant return yet but I was unaware of the time frame. thx for the info.

[Ryan E 10]

thx for reply Hypnos.

1. I didn't write it well enough I guess, let me try again. I do not qualify as primary because I didn't file taxes last 2 years. I will file this year with adequate income. I am unable to get a joint sponsor. For this she will be denied?

If it is certain she will be denied, it would be foolish to waste the money in application fees.

1. You didn't file because your income was lower than the threshold requiring you to file or you didn't file for some other reason? You may be requested to submit a statement stating you were not required to file taxes. In some cases they want 1 year of tax info, in others they want 3. If you were required (even if the income wasn't sufficient for meeting the I-864 guidelines) to file taxes in 2011 and 2012 but did not then you'll have problems, but you can file for those years, pay any taxes do, and you'll be fine -- from the standpoint of meeting the filing requirements. I can't comment on the likelihood of being accepted with just one year of sufficient income.

[feito/feita 1]

I didn't file because income was lower than irs requirements.

[feito/feita 1]

I am surprised at so few responses. I am certain there are people that have been through this process that can give some feedback.

[Teddy B 17,252]

I am surprised at so few responses. I am certain there are people that have been through this process that can give some feedback.

Your original question has been answered. What other feedback are you hoping for?

[feito/feita 1]

Your original question has been answered. What other feedback are you hoping for?

I must have missed something then. The "unanswered" question in my mind is this. I do not have tax returns for the last 2 years because I wasn't required to file per IRS regulations. Since I cant supply those returns, (refer to I-864 part six, question 13) the box must be checked that says: I have filed a tax return for each of the 3 most recent tax years......

I cant legally check this box. and to file those returns now will do no good as the income does not qualify for sponsorship.

I cant get a joint sponsor. So am I wasting time and money filing because denial is certain, or can anyone give other options?

[Teddy B 17,252]

I must have missed something then. The "unanswered" question in my mind is this. I do not have tax returns for the last 2 years because I wasn't required to file per IRS regulations. Since I cant supply those returns, (refer to I-864 part six, question 13) the box must be checked that says: I have filed a tax return for each of the 3 most recent tax years......

I cant legally check this box. and to file those returns now will do no good as the income does not qualify for sponsorship.

I cant get a joint sponsor. So am I wasting time and money filing because denial is certain, or can anyone give other options?

You were looking for an answer to a question you hadn't yet asked.

You do not check off that box in question #13 and you supply a written explanation as to why you were not rquired to file taxes in those previous years. It's all in the filing instructions for the I-864.

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

[hmh33 117]

To be clear, there are two separate requirements for the I-864 primary sponsor (you):

1. You must *currently* have sufficient income to meet 125% of the poverty threshold. You can prove this with paystubs and/or tax returns and W-2s.

2. You must have filed tax returns for the past three years, unless you weren't legally required to do so. If you weren't required to do so, you must explain why. If you were required to file and didn't, you can file them retroactively before submission of the I-864.