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AOS -query Please help.

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Filed: FB-2 Visa Country: India
Timeline

Hi All,

I have applied for my son in F2B category. His PD is Jan, 2009. My concern is I am unemployed and dependent on Food stamps and welfare benfits of NY.

As the petitioner for my son, I have to follow minimum income requirements. I have a joint sponsor to help us out.

But the fact that I (main petitioner) is dependent on food stamps, will it affect my son's application when we file AOS?

Also, please advise if it's beneficial to show Food stamp/welfare benefits ID as a Proof of residence to show domicile in USA?

Please help.

Thanks

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Your receipt of TANF and SNAP are not a barrier for petitioning your relatives. Do not be concerned. As long as you have a joint sponsor who makes above the poverty level, your receipt of these benefits won't even be questioned.

You still do need to submit your own I-864 because you are the petitioner however you cannot use these benefits towards calculating your income.

If you are currently living in the US you do not need to prove domicile and you also don't need to submit proof that you are receiving public benefits because you aren't asked about them in the I-864.


I'm just curious of one thing though, your local city and state are listed in PA, your local office in NJ and you are receiving benefits in NY? Have you moved? Because you cannot receive these benefits from NY unless you are a resident of NY. If you have moved you have to transfer your case to your local Dept of Social Services.


This does not constitute legal advice.

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Filed: FB-2 Visa Country: India
Timeline

Thanks Ian.

I stayed in NJ last year and received welfare benefits from NJ. But I have moved to NY now and planning to transfer case to NY Dept of social services. Also, my address on the I-130 application is NY as I live with my daughter now who will be the join sponsor.

Also, I have to prove US domicile as I have not been living in US for more than 6 months since I have received permanent residency. Please advise if Welfare/Food stamp ID card can be used as one of the proof of residency in NY during filinf AOS or not?

Thanks

Also, curios how did you find out that local city and state are listed in PA, and local office in NJ and I am receiving benefits in NY? What is PA? :)

Thanks for your help.

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Again, you do not have to prove domicile because you are currently living in the US. When you fill out your I-864 you will put down your US address and that you are currently living here, that is all that is needed. Domicile only has to be proven if you are living outside the US at the time of filing the I-864.

Also you may want to be careful when you say that you haven't been living in the US since becoming an LPR since it may be construed as having abandoned your LPR status by living abroad. Temporary visits abroad don't affect your LPR status as long as you maintain ties to the US such as tax returns, residence, bank accounts, etc if the visit was more than 6 months, but less than a year.

Your local city and local office is on your profile. Which I don't understand why it's listed as PA (for Pennsylvania) if you live in NY.


This does not constitute legal advice.

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Filed: FB-2 Visa Country: India
Timeline

Thanks Ian for all of your help. I have updated my profile. Thanks for pointing it to me.

However, I do have another question regarding Part 6, point 13 of Affidavit of support.

Federal Income Tax return information:

Assuming my son's PD will become current in 2015, I will be required to provide federal tax return for 3 most recent tax years i.e. from 2012, 2013, 2014.

I haven't files any taxes for 2012 and 2013 as I was unemployed and stayed in both countries USA and India. I will file tax for 2014 as I worked for few months this year.

So, what should i do to fill out point 13 as I can't check mark it as I didn't file taxes for 3 most recent tax years?

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You can leave the appropriate boxes blank and you have to attach a written explanation that you weren't required to file tax returns for those years because you were unemployed. Therefore, you would submit the 2014 tax transcript and the written explanation for 2013 and 2012 that you didn't file due to unemployment.

If you collected unemployment benefits however you would have to file those taxes because unemployment benefits are taxable. If that is the case you may have to pay a late filing penalty, but you would be required to file.

Edited by Ian H.

This does not constitute legal advice.

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