AOS from expired H1B and H4? (split and merge)

[Jjlm1017 0]

I am filing for my husband and his daughter. Section c question 18 asks: address in the u.s. where your relative intends to live.... well my husband is here in Maine due to work, but his daughter lives with her mother in Washington, what should we put for the address? We will eventually be moving out there but not for a little while...

[Ryan H 3,790]

Are your husband and step-daughter seeking visas or adjusting status?

[Jjlm1017 0]

I just want to know if it is OK that she isn't living with us at the moment. We want her to stay in the same school and will live with us once we move? Is that a big deal?

[Ontarkie 13,915]

We can't answer that as we do not know what you're doing.

What process are you working on? Adjustment of status, Removal of Conditions, citizenship?

You posted in the US Citizenship General Discussion, this section is for ppl who are in the process of getting citizenship.

Once we know we can move your thread to the right section and get some answers.

Edited September 7, 2016 by Ontarkie

[Ryan H 3,790]

In order to provide a proper answer to your question, these questions need answers:

• What is your step-daughter's current status in the US? Citizen, Green Card holder, dependent child of work visa holder?
• For your husband, did you only file an I-130 or did you file both the I-130 and I-485.

Without answers to the above questions, it will not be possible to give you a proper answer to your question because you have not made the process you have begun clear.

[Jjlm1017 0]

We are doing an adjustment of status. He is an H1B visa overstay and my step daughter is his dependant, H4 visa overstay. So we are filing both forms.

[Ontarkie 13,915]

~~Moved to AOS from Work, Student & Tourist Visas, from USC General information - As the OP is starting the AOS process.~~

[pilotkausa 5]

Is your husband a custodial parent? Otherwise how are you planning on taking a kid to live with you two from her mother.

I would put your current address down where you and your husband reside. The daughter is a minor right?

[Jjlm1017 0]

Yes she is a minor. Does she need to live with us for me to ask for her as well as my husband? When we move we will be living in the same town as her mother. So if she needs to reside with us, she can.

[Mounat 74]

Yes she is a minor. Does she need to live with us for me to ask for her as well as my husband? When we move we will be living in the same town as her mother. So if she needs to reside with us, she can.

Yep. You need both legal and physical custody.

[Jjlm1017 0]

hi everyone!

I am the petitioner of my husband and his daughter. He is an H1B visa overstay and she is an H4 visa overstay. We are in the process of filing the I-864, Affidavit of Support. For the past few years my income on my tax returns have been between $25000 and $26000. Due to a job change, it is going to be lower than that this year. Since my Income doesn't meet the requirements of the poverty guidelines for both my husband and his daughter, (possibly not even enough for one of them) we have a friend of the family who is willing to co-sponsor.

1.) If I'm not filing my 2016 taxes until next year, are they going to determine my income from current paystubs, or just go by what my taxes say I made in 2015?

2.) Should I have our friend be a co-sponsor for both my husband and my step-daughter? If they go by last year's taxes, I make enough to sponsor one of them myself. If they go by this year of being in between jobs, I may not make enough to sponsor even one of them by myself. Should he just be co-sponsor of both to make sure we are all set?

3.) In PART 1 question 1, I am the petitioner on both forms (answer 1a.) One for my husband, one for my step daughter. Now for our co-sponsor on the same question: would he answer 1d. ( I am the only joint sponsor) or 1e. ( I am the __ first __ second of two joint sponsors).

Please help! These papers are driving us mad!

Thank you.

[Jjlm1017 0]

We are doing AOS because they are my family members. We are not asking for visas. They have been in the US for the last 9 years. I put the visas they were holding before as a reference of our story so others would understand where we are coming from. So please move us out of the work visa forum and back into the AOS for family members so that our questions can be answered properly. Thank you.

[Georgia16 2,858]

We are doing AOS because they are my family members. We are not asking for visas. They have been in the US for the last 9 years. I put the visas they were holding before as a reference of our story so others would understand where we are coming from. So please move us out of the work visa forum and back into the AOS for family members so that our questions can be answered properly. Thank you.

He moved you to the right forum.

You may think it's family but they are adjusting from workvisa in the end and it will have nothing to do with the answers you get.

How old is the daughter now?

[Jjlm1017 0]

She is 12

[Jjlm1017 0]

Roxy 8989,

Is there a place that I can get a list of the forms we need to fill out? I am asking for my husband who is an h1b visa overstay and his daughter who is an h4 overstay. I am a usc. I see your list as I copied and attached below. We know about all those forms but we are wondering if there are more we need to file for his daughter?

So far this is what I've found that I need to do:

- I-130 completed by my husband, supplemented with copies of his birth cert, our marriage cert, passport photos, and evidences showing a bona fide marriage and spousal relationship

- I-485, with copy of my birth cert, copy of my passport, passport photos

- I-765, with a copy of my I94

- G-325A for husband and I

- I-864, with a copy of his birth cert, tax return, w2, pay stubs, employer letter

- I-693

- Check for $985+$85+$420