Questions About AOS

[Barbara37 1]

Hello everybody! I'm in the process of applying for the AOS and I have a few questions if you guys can help me.

 

-First my husband works under the table so he doesn't have the documents for the affidavit so we will be using a co sponsor, do I need a affidavit form for him as well or just of the co sponsor?

 

-Once the K1 expires and the AOS is sent, what is my status in the US? What kinda of document I can use to show that I'm allowed to stay?

 

-The documents that prove the relationship is real are only necessary for the interview correct?

 

Thank you for your Help!

[Nat&Amy 623]

1- The USC spouse is always the primary sponsor, so yes, your husband will need to fill out a i864 even if you have a co-sponsor.

 

2- The date your K1 expires is immaterial. What matters is your i94. At the end of it's duration, you will be out of status. Filling for AoS will provide you with a NOA1, which is a document that grants you authorized stay and can be presented to authorities when asked.

 

3- Correct, even though some people send evidence with the AoS application (when they have things worth showing). But yes, all you need for the application is your marriage certificate and the other documents listed in the application.

[Dashinka 23,355]

13 minutes ago, Barbara37 said:

Hello everybody! I'm in the process of applying for the AOS and I have a few questions if you guys can help me.

 

-First my husband works under the table so he doesn't have the documents for the affidavit so we will be using a co sponsor, do I need a affidavit form for him as well or just of the co sponsor?

 

-Once the K1 expires and the AOS is sent, what is my status in the US? What kinda of document I can use to show that I'm allowed to stay?

 

-The documents that prove the relationship is real are only necessary for the interview correct?

 

Thank you for your Help!

Your husband will also fill out the I864 and will be the primary sponsor.  Once the AOS is filed, you can use your NOA from that filing to show you are still in a form of authorized status awaiting AOS adjudication.  Some folks send in the relationship documents with the submission (I.e. front loading), as to what is actually required with submission, the I485 instructions point out the details.

 

Good Luck!

Edited January 8, 2020 by Bill & Katya

[K1visaHopeful 2,686]

Don't forget that he will have needed to file taxes at least for the last three years and if he hasnt, he will need to provide a statement as to why he didnt file taxes.

[Joyoussinger 1,414]

18 hours ago, K1visaHopeful said:

Don't forget that he will have needed to file taxes at least for the last three years and if he hasnt, he will need to provide a statement as to why he didnt file taxes.

And will this statement reveal that the OP's husband has been working illegally and is guilty of income tax fraud? There is more than one government agency that will have a problem with that. There is more than a small chance he will be asked about this, and he will have to be forthcoming.

[K1visaHopeful 2,686]

2 hours ago, Joyoussinger said:

And will this statement reveal that the OP's husband has been working illegally and is guilty of income tax fraud? There is more than one government agency that will have a problem with that. There is more than a small chance he will be asked about this, and he will have to be forthcoming.

That's what i was getting at.

I didnt want the OP to think that simply having a joint sponsor would allow the original sponsor to evade the question of why they did not file taxes if they indeed did not.

[carmel34 3,533]

On 1/8/2020 at 7:04 AM, Barbara37 said:

my husband works under the table so he doesn't have the documents for the affidavit

Your husband will need to complete an I-864, for that he will need at least the most recent tax year IRS tax transcript or full tax return and W2s, 1099s, and proof of current income--six months of pay stubs, letter from his employer.  There is no way of getting around this requirement, even with a joint sponsor.  The petitioner is always the primary sponsor, regardless of income amount, and completes an I-864 with supporting documents, even with a joint sponsor, so he needs to start working on this now.  He can file a tax return for 2018 or wait a few weeks and file for 2019.  Sometimes they ask for the most recent three years but one year is a requirement.  Filing a late return for 2018 seems like the best idea in his case.  Any US resident can file a tax return, even if they are working "under the table."  He could also submit bank account statements as proof of income, also he can use assets.  Read the instructions for the I-864 thoroughly.  Good luck!

[Barbara37 1]

Cool, thx for all the information! He did file taxes last year, but I know his income is just not enough, and he will file this year too. Six months of pay stubs just ain't gonna happen, letter from employer is possible. Bank statement is ok and so is proof of income since he does uber and such. Anyways, thx for the info.