AOS submitted for marriage-based Green Card - some questions

[eckoin 211]

I submitted my I-130/I-130A, I-485, I-864, and I-765. It got delivered yesterday. I have some questions that a lawyer consultation deemed "orange flags", but I'm wondering if you think they might be red flags. 

 

1. I came to the US on a TN visa/status. In August 2015, I got a TN, and stayed at that job for two months (until October), it didn't work out. Rather than leaving the country immediately after I was no longer employed, I submitted an application to change my status to a tourist visa. The intent was to go on a couple of road trips while I look for another job in US and Canada. 

 

In November, I received a job offer in the US. I left the country, went to Buffalo CBP, and got a new TN. The officer was peeved that I did the tourist visa thing, but at the end of the day said it's all fine and to have a nice day. A couple of months later, I received notice that my application for a tourist visa is denied based on the fact that I abandoned it by leaving the country, as I was informed will happen. I've been in the same job on TN status since. 

 

The lawyer said that this is my biggest issue. Is there anything I should prepare for now? 

 

2. When I moved to the US for my second TN job, I moved in with my now husband--I was planning on staying with him while I look for my own place, but never left. We started dating, got married, had a kid, etc. 

 

Since TN is a temporary status, the lawyer said it looks kind of murky, but at the end of the day it's fine. My husband and I met in 2014 while we were both traveling in the US, and I wasn't planning for life to go this way, so she said to just be honest, but to expect possible questioning on this. What do you think? 

 

3. My husband started his own business late last year, and we estimated a very low income from this, since we can't even prove it will be above zero, being new and all. My income is well above the required 125% of the poverty line, so I submitted our joint tax return showing that, my W-2s, and a letter from my employer saying that they will gladly hire me full time at said salary if my status changes to permanent resident. The lawyer I spoke to indicated that sometimes, beneficiary income is not counted, for reasons unexplained. Is that true? Should I be preparing to get a co-sponsor? 

[EM_Vandaveer 2,438]

Your lawyer is not very good IMHO. Yes, beneficiary's income counts as long as it's legal employment that will continue after GC is granted.

For the rest, you never technically overstayed as I understand it. Even if you did, your last entry was inspected so no issues there.

[eckoin 211]

5 minutes ago, EM_Vandaveer said:

Your lawyer is not very good IMHO. Yes, beneficiary's income counts as long as it's legal employment that will continue after GC is granted.

For the rest, you never technically overstayed as I understand it. Even if you did, your last entry was inspected so no issues there.

Thank you, that makes me feel better. We opted not to hire a lawyer and to submit the application ourselves, but I wanted to run some questions by a legal counsel. I prefer them being not very good than my application being poor! 

 

What she said on the income was: they've sometimes had beneficiary income not be accepted for reasons not stated, with an RFE to submit either joint sponsor paperwork, proof of assets, or both. So she suggested we do both of those for good measure. I didn't end up doing that, because I think our application is complete without all that (but if we get an RFE, we can address it). So do you think that's unlikely? All of my paperwork is in order as I said, and my employment letter is to the point on this. 

 

And yes, I've technically never overstayed. The CBP officer had to ask his supervisor, who groaned and chuckled at the same time, so I guess it was a loophole more than anything else. I think the lawyer was approaching it from the perspective of me moving in immediately with my now-husband, despite the intentions at the time, and coupling that with the fact that I didn't leave the country when I was in theory supposed to (though I stayed legally, I was aware that my tourist application would be denied had I let it run its course). I in all honesty didn't expect to get married at the time, but I can see how it can seem suspicious. 

[EM_Vandaveer 2,438]

The whole intent issue is NOT an issue. It's USCIS' own policy to not deny an AOS application of an immediate relative of a USC based on intent.

For the I-864, your husband still filled it out as primary sponsor, correct? This is required even if he has 0 income.

[eckoin 211]

Yes, he filled the i-864 out, with his personal income for the last three years. In the last year, we filed taxes jointly, so the last year's family income is both of ours, but his personal income for the year we estimated as low. We also submitted all the business related paperwork and schedule C as part of the federal tax return. He's in a controlled trade, so we submitted the federal licencing paperwork for good measure. But otherwise, it's my W-2 and tax return information that's driving the income here. Didn't file i-864a, since I'm the intending immigrant, so it's all part of the i-864 package.