Questions

[Emilythorne 0]

Hi Everyone, Im not quite sure if this is the right place to post this Questions but please do direct me or move this post to the right place.

My story is long but i will try to make it short. Me and my Fiancé (USC) has been engaged since 2007. We had the k1 visa able to stay here in US for 2 months but didn't get married as i got cold feet (didn't realized that it could really happen to some of us, until it happened)! He had the business opportunity in the Philippines and so we decided to just go back and gave it a chance and gave us our relationship more time with no pressure (I didn't overstay the k1 by the way).

We've been living in together for the last 9 years. 2010 i acquired a Tourist Visa and started to travel back and forth, mostly spending holidays with his family and friends here in US also My Fiancé is Diabetic (Type 2) and need to attend his annual medical appointments, but last year he has been complaining about his fingers (not being able to make a fist and he is in pain), He decided to go back here in US and prioritized his medical and health issues, I followed the week after when i found out that he is going to have his both hands operated due to the two Trigger finger.

I've been here since July 1 and allowed to stay before this year ends (I-94). But this past 2 months have been hard on my fiance's Dad too, he is 87 y/o and recently had 2 mini stroke, this scares us all and everyone agreed that we should stay here and spend more time with him as much as we can because we couldn't really tell how much longer he will be here. His dad has been very supportive of our relationship from day 1 and always ask us to get married and just stay here, even to the point of him making this request as one of his death wish.

Long story short, My fiancé and I decided to get married by the End of the Month. This time I'm very sure that i want to spend the rest of my life with him and be with him wherever he may choose to be. We never really planned to get married as our relationship for 9 years is going strong without it anyway, but here we are now on this path, it seems like this is our destiny after all. It is too bad that we need papers and the governments approval just to be able to be with our love ones.

Now my Question is:

- After we get married, I'm afraid we will not be able to file AOS right away because we still need to wait for our marriage license, settle, fix our finances and papers etc. but my i94 will be due on jan 1, 2016 and i don't want to go back home, waste time being apart and go through consular again since I'm already here and we are married anyway.

1. Does this mean i will be out of status?

2. But is it okay? since we will do our best to file for AOS as fast as we can anyway?

3. For the Affidavit of Support, since he has been unemployed here in US for the last 9 years, does he need to show anything? He will only have his new job that meets the 125% poverty line and he won't be able to show anything from the past 3 years. Do we still need to get a co-sponsor?

Those are just the few questions i have right now. I hope i didn't bore anyone by reading this long background and introduction!

Thank you in advance!

[newacct 688]

1. yes

2. yes

3. In principle, if his current income is enough, that's enough. He should attach an employer letter (if possible) and as many pay stubs as possible. As for his taxes, he needs to provide information from his tax returns if he was required to file. If he had non-negligible income anywhere in the world (not just in the US), he had to file US taxes. If he had no income anywhere and thus was not required to file US taxes, then per the I-864 instructions he would attach a statement saying that. If he was required to file US taxed but didn't, he should file back taxes ASAP.

[Emilythorne 0]

1. yes

2. yes

3. In principle, if his current income is enough, that's enough. He should attach an employer letter (if possible) and as many pay stubs as possible. As for his taxes, he needs to provide information from his tax returns if he was required to file. If he had non-negligible income anywhere in the world (not just in the US), he had to file US taxes. If he had no income anywhere and thus was not required to file US taxes, then per the I-864 instructions he would attach a statement saying that. If he was required to file US taxed but didn't, he should file back taxes ASAP.

Thank you so much for the response.

[gw68ad78 64]

2. Yes???

Not so sure about that. Your wording is too vague to give a definite yes. Getting ones "finances together" could take years. Is that what you mean?

[Emilythorne 0]

2. Yes???

Not so sure about that. Your wording is too vague to give a definite yes. Getting ones "finances together" could take years. Is that what you mean?

Sorry, what i meant with "AS FAST AS WE CAN" was after gathering as much proof as we can before filing papers like of course the joint bank account, credit card, joint expenses etc. since my Fiance has been unemployed here in US for 9 years, i just want to make sure we have all the papers we need and are prepared, so we can do this right without a help of a lawyer. Im positive we can File AOS by January but i will be out of status for sure and this is the concern i was asking on my no. 2 question.

Thanks for the response.

Edited October 18, 2015 by Emilythorne