AOS 130 & 864

[alienware 0]

Hello I have some questions about AOS from K1.   I hope it is ok to post them all in one thread.

My wife has not adjusted status she has been without status.  She recently finished the medical by a civil surgeon, and I am waiting on a tax form from the IRS that shows I did not file last year.

 

I-130

 

1.) Can I go ahead and file the I-130 and try to get the 10 year card even though I have not been married 2 years just yet, I am a few months shy?  

2.) She has 2 children still in her country.  Can I go ahead and list them on the I-130 even though I highly doubt we can get them over here in six months?  It is possible, but she needs her green card before she can leave the US, and they do not have passports yet.  I do remember listing them on a previous form when she first came over here.  I also remember immigration telling us that form would expire in one year which has since passed.

 

I-864 and income requirements.

 

I receive disability, and I am coming up around $400 short for a family of 4 at 125%.  It says $30750.   I did not file taxes last year since I got married I was not required to do so, and getting an ITIN number when you are not required to file is not an easy thing to do.

 

I have a house that I rent out in another state at $750 monthly that does not have a mortgage payment.  I was going to use this income, but I am not real sure how to do it.  I was not renting this house out in 2015, or 2014.  I did file returns for both of those years as I was single and required to file.  My tenants usually but do not always fill out their name on the deposit slip when they put the rent into the bank.  I was going to print these out as some proof. This is a separate account that is only used to deposit rent, and then it is transferred out to another account.  I printed out my statements for the last 18 months showing these two transactions per month as income.  Does this sound acceptable?

 

 

 

[Redheadguy03 505]

You can't apply for the ten year card it's automatic. So, if it takes a while to process your AOS which it will. Then you'll get the 10 year card. 

 

Not too sure about the kids part 

 

You can't list the house unless you have a second home. So, you have to own two homes to use one as an asset. You need to be able to prove the assets or have savings to make up for the lack of income otherwise you'll be denied. 

[alienware 0]

Yes I have another home it is our primary residence, but It has a mortgage.  We moved to another state, and instead of selling I just rent out that house.  So I could list that house as an asset, and also list the rent from it as income?

[alienware 0]

I didn't want to start a new thread, and only have two questions left.

 

Do I really need to file the I-130 and if I do need to file the I-130 do I need to also file the I-130A?

Obviously the extra 535$ if I don't need to is the reason.

 

I am reading that I don't need to file the G325A with the I485(form dated expires on 06/30/2019) on the USCIS website?  I am tempted to file it anyways what is the final verdict on this one?

 

 

[SkruDe 311]

Okay, so you've been married for almost 2 years then right?  The 2-year conditional Green Card you receive is due to being married less than two years as you seem to know.  So if you file your AOS before your 2 years, I think there is still a chance you receive a conditional green card.  USCIS isn't going to hold your application waiting for you to hit two years.

 

I don't understand why you would need to file the I-130?  Your wife is already present in the States.  The I-130 is a Visa petition.

 

The new version (and only accepted version) of the I-485 now includes the G-325 information built into it.  So NO, you don't need to file the G-325 anymore.

Edited November 17, 2017 by SkruDe

[alienware 0]

Thanks for the reply.

 

We have two months before it will be two years of marriage.  I figured it would take several months to process the application.