AOS - financials

[Neko1 0]

I apologize that I am not privy to the AOS procedure or if there is an existing thread regarding this topic...

I am a USC, my husband is here on an F-1 visa from Russia. He fell out of status mid August 2015.

We've been married since January 2015

We want to file for AOS but I have some concerns.

-he is out of status (which after researching it seems we shouldn't necessarily worry)

***I started working end of June 2015 until present. I am earning a salary that is a little over the required income. My worry is that I have not worked long enough or have the necessary proofs. I am 22 and do not have any previous years tax returns or anything of the like

Because I am younger would it be understandable that I do not have prior years income to show? Do I have to explain myself? Will this prohibit filing for AOS until I have more evidence? What documents can I use as evidence?

Thanks in advance!

[piff 46]

He will be OK, there is no problem since you are a USC. Just file I-130, I-485, I-765 and I-130 concurrently.

[teeak 224]

No need to worry about him being out of status. Being an immediate relative of a USC pardons his overstay.

Yes, you can provide a letter of explanation with your I-864, explaining you did not have income and therefore, did not file taxes.

However, the IO may ask you for a joint sponsor (someone who can support your husband) in addition to your I-864 because you've recently started working.

[Neko1 0]

No need to worry about him being out of status. Being an immediate relative of a USC pardons his overstay.

Yes, you can provide a letter of explanation with your I-864, explaining you did not have income and therefore, did not file taxes.

However, the IO may ask you for a joint sponsor (someone who can support your husband) in addition to your I-864 because you've recently started working.

Would I file everything including joint sponsor paper work at once? Or send in my credentials and if it is required we have a joint sponsor go from there?

My grandma might be the only one who has enough assets to be a sponsor (no tax returns, she's 80yrs old.) would she be accepted as such?

[teeak 224]

If you'd like to go ahead with a joint sponsor, then yes, you'd send it in with all paperwork.

If you'd like to just take a shot with only your I-864 and they want a joint sponsor then, you'll either receive an RFE for it, or you'll get a request at the interview by the IO.

Hmm, assets are kind of tricky when there is no income. That would also be up to the IO to decide.

So it's up to you if you want to provide 6 months pay stubs and employment letter with your I-864 and hope they don't ask for a joint sponsor.

[Neko1 0]

If you'd like to go ahead with a joint sponsor, then yes, you'd send it in with all paperwork.

If you'd like to just take a shot with only your I-864 and they want a joint sponsor then, you'll either receive an RFE for it, or you'll get a request at the interview by the IO.

Hmm, assets are kind of tricky when there is no income. That would also be up to the IO to decide.

So it's up to you if you want to provide 6 months pay stubs and employment letter with your I-864 and hope they don't ask for a joint sponsor.

Thank you!!! You've been so helpful as my husband and I are applying without a lawyer so we want to make sure everything is done properly.

One last question lol

If we file correctly and happen to need a joint sponsor, we will only receive and RFE and not have our application terminated and have to start over right?

I have such a fear of submitting all the documents and payment then for some reason it is not accepted and it just gets thrown in the garbage. (I turn anthills into mountains)

[teeak 224]

Yes, of course! Lol. Petitions are never terminated due to lack of documentation -- unless you fail to respond to the RFE. In that case, you'll receive a NOID (Notice of Intent to Deny) during which, you have another chance to respond.

Even if it's not requested as an RFE, and the IO requests it, you'll have the opportunity to send it in after your interview.

Be sure to follow the guide! http://www.visajourney.com/content/i130guide2

Best of luck!

Edited December 10, 2015 by teeak