Japan origin, on F-1 visa currently, want to get married. Please help. (Newbie)

[AlohaMahalo 0]

Sorry guys. Gotta bump as this is kinda urgent. If you can direct me to a legitimate source of info I can trust I would also appreciate that. I realize its an awful lot to ask from you guys to essentially walk me through every detail....apologies. I've just been told not to trust many things on the internet...

Thanks.

[GurkenSalat 48]

I think the lawyer is trying to fleece you. Some lawyers will use these tactics to make it look like you NEED them and you'll never survive without them, and blah.

I also put together a giant stack of papers for my AOS, and guess what - I did it myself and I was $2500 richer for it (or just not $2500 poorer, lol). And yes, the $1500 or so are fees everyone pays, they are simply USCIS's processing fees. You send them a check (well, I sent two checks, one for each package).

Making a mistake - forgetting to send something that is, will result in an RFE. Yes, that can delay your processing and yes, you may be waiting forever, but in that period, your wife will be legal her, and make sure to apply for an EAD as part of the process, so she can also work. And AP if you want to travel. You generally get those within 3 months and then you'll be set, more or less.

Read the guide (http://www.visajourney.com/content/i130guide2), it's a good place to start. People here are willing to help. Also, feel free to PM me, I went through pretty much what you're going right now and came out the other side. I will help with anything I can and still remember

[Shauneg 762]

It's already all been told to you. I don't know what to tell you about not trusting things on the internet then in the same breath asking us to walk you through life decisions.

Edited May 9, 2015 by Shauneg

[blahblahblog 36]

I don't think I saw you saying _your_ status but all the advice here is assuming you're a USC.

[AlohaMahalo 0]

@Shauneg,

I mean to say that I trust you guys far more than a random website. As for the process being laid out to me- I will go back and revisit those links and ask specific questions instead.

For now - my major concerns are that I will be leaving in Mid-June and won't be back till Mid-August. Assuming we get married, and then do the I-130 and I-485 -- will I be OK to leave the state for 2 months time? The interview wouldn't be for quite some time so I shouldn't have to worry about that, but could there be any other reason that makes my presence in Hawaii a necessity?

The only other major concern is this:

I have a small business...and the company that I use to swipe credit cards for sales reported to the IRS all the sales as my PERSONAL income (because I listed my social instead of the businesses Fed. ID #) ...this has resulted in the IRS thinking I owe them $8,000. I am disputing this obviously - and so this is going to take some time. This could prevent me from being able to provide the past 3 tax year returns (2012,13,14) ...in the event that I cannot provide my tax records - are we going to be S.O.L.???

Thanks

Edited May 9, 2015 by AlohaMahalo

[AlohaMahalo 0]

Sorry. I tried to edit but it won't let me anymore.

I mean to say - the lawyer made it sound like I have to have the 3 most recent years of personal tax records - or I cannot complete the I-130?

[blahblahblog 36]

Yup. I think that info goes on I-864.

[AlohaMahalo 0]

Yup. I think that info goes on I-864.

Tanks for pointing me in the right direction. I'm printing out all the forms now and going over them.

[GurkenSalat 48]

I think you can get your tax transcripts from the IRS. If you have a year's return under dispute, just show USCIS what you currently have. They really only care what you make, not what taxes you paid (I think, at least).

I assume you are the USC. And I guess if you HAVE TO travel, you can do it in the two months following your filing the application packets, as the interview is unlikely to be scheduled that quickly. However, it may look odd, so be prepared to explain at interview.

[AlohaMahalo 0]

Gurken,

Thank you. Yes I am the USC. I appreciate the concern, but the reason for travel is an internship which correlates directly with my major at University. I think I'd be fine...besides we have been together for almost 4 years now and have 1000 pics of us traveling all around the country. We'll be sure to set up the bank account, etc. - all the things they look for.

These packets are just super intimidating...the I130 and I485.

[AlohaMahalo 0]

@Gurken

You mentioned in a past response that the application is over $1,000. Since I might be treading a line here with my personal income - showing proof that I make >125% of the poverty level - what if I get that dreaded RFE? Do I have to pay an additional $1,000? Will there be any kind of penalty?

The even more important question - if we get held up throughout this process with a RFE, etc....how can she legally stay in the US? Because of the I-485?? This packet thing makes it seem like even the I-485 is an application process - with absolutely no guarantees. Before I looked over all the paperwork I thought this would be a simple one-sheet form...but now I see its a wholllllle lot more than that. How much time does this buy her then? In the event we get held up because of some stupid proof that they need for the green card app...can she be sent back home? Again, the lawyer made it sound like we would be LUCKY to get all this done "in time" and that she might have to leave.

Thanks again...I appreciate you guys being patient and understanding with me.

Edited May 10, 2015 by AlohaMahalo

[AlohaMahalo 0]

Alright guys I just got some really discouraging information:

So about my income....

I own a small business, but I've barely paid myself. I only have record of paying myself $4,000 back in 2013 on that tax year. For 2014 I have $0.

I have been surviving off of my savings from a military deployment - and now I have disability compensation from the VA.

The disability compensation amounts to approx. $19,000 per year.

Further more, I attend University which I utilize military benefits for as well. The military pays me approx. $1,800/month while I'm attending school. Assuming I'm in school both semesters - (8 months - thats approx. $14,000)

So in total I'm bringing in $33,000 per year. Thats WELL ABOVE the poverty line.......

But this is the problem...The VA disability compensation I receive is NOT taxed and is NOT reported on my tax forms. Same goes for the education benefits. They are not reported.

So I have ZERO PROOF of income. I don't pay myself from the business, and I have ZERO record of my VA disability compensation and education benefits on my tax forms.

When looking at the I-864 ------- I see that I have to provide a copy of my 2014 tax return - which will show next to no income. I can write in the spaces provided on the next page about my 2012, and 2013 tax years (they'll see my active duty pay in 2012 which is nice - but thats IT) ....

So what I'm getting at is - I will literally have nothing on here to show proof that I can support her financially. You guys can see I'm clearly a disabled veteran from the military, I make more than enough money, but I simply have no evidence.

Will they disqualify me for this? Will I get that RFE with no means to fight it? Will I have to pay penalties because of all this extra evidence they might require? Can they send her back to Japan in the meantime?

I appreciate any guidance you guys can give me...obviously I think its ESSENTIAL that I go down to the VA and explain my situation...they always have resources to help us vets. Hopefully there is someone I can talk to that assists vets with taxes/marriages, etc.......

Edited May 10, 2015 by AlohaMahalo

[Shauneg 762]

I don't know the details of how to get it, but I know there's a letter you can get from the IRS or maybe the va that you use in lieu of the tax return that shows your disability money, It's not a problem, so don't worry about that. I just don't the details of obtaining it.....

Edited May 10, 2015 by Shauneg

[AlohaMahalo 0]

I don't know the details of how to get it, but I know there's a letter you can get from the IRS or maybe the va that you use in lieu of the tax return that shows your disability money, It's not a problem, so don't worry about that. I just don't the details of obtaining it.....

Phew...Shauneg. You are putting me a bit more at ease.. I've been freaking out.

So what I'll do is go down to the VA and explain my situation - tell them that I need some kind of evidence that the VA is paying me. If they give me some kind of document - I can attach that as part of my I-864? I suppose I'll literally fill $0 in the blanks for 2013 and 2014?? Just hope they look at attached documents that indicate my disability comp and education benefits?

I wish I could literally ASK the people who MAKE THE CALL these questions...it seems like my only solution is go talk to a lawyer who will want to charge $3000. --of course I have you guys but my situation is so unique that I don't expect you guys to have all the answers. I do always appreciate the support though. Thank you guys.

Edited May 10, 2015 by AlohaMahalo

[Shauneg 762]

Phew...Shauneg. You are putting me a bit more at ease.. I've been freaking out.

So what I'll do is go down to the VA and explain my situation - tell them that I need some kind of evidence that the VA is paying me. If they give me some kind of document - I can attach that as part of my I-864? I suppose I'll literally fill $0 in the blanks for 2013 and 2014?? Just hope they look at attached documents that indicate my disability comp and education benefits?

I wish I could literally ASK the people who MAKE THE CALL these questions...it seems like my only solution is go talk to a lawyer who will want to charge $3000. --of course I have you guys but my situation is so unique that I don't expect you guys to have all the answers. I do always appreciate the support though. Thank you guys.

That would be too easy if you could ask them. Like I said no need to worry cause there is a way, I just don't want to give the wrong information on how to go about it. I just wanted to put you at ease. I did find one thread but I don't know is this is the normal way. Someone who knows will jump in on this thread for you....

http://www.visajourney.com/forums/topic/358354-disabled-veteran-documents-needed-for-affidavit-of-support/