What if we file the AOS just outside the 90 days?

[Gary Rich 326]

10 hours ago, SalishSea said:

A year ago, this wouldn't have been a big deal.  In October 2025, I'd say you should move heaven and earth to avoid ever being out of status.  Do not under any circumstances send an incomplete packet though.

I agree with you. Right now, going to court is a gamble you simply cannot afford. The courts are completely backed up, and you will almost certainly end up spending far more money than you ever expected. It’s a slippery slope under this administration. My wife and I are already paying the price for the tiniest mistake — thankfully ours was minor, but it still cost us dearly. If your case reaches the courthouse, the costs will explode, especially if it moves into any removal proceedings. This system is stacked against ordinary people, and every misstep comes with steep consequences.

[Gary Rich 326]

5 hours ago, Dashinka said:

Is it ‘in addition’?  I take it more as if someone is in removal and is eligible to file an AOS, and they are brought before an IJ, the fee is now $1500.  If someone filed an I485 with USCIS that was denied, and then filed a new I485 due to an IJ decision, then it would be.in addition too.  Regardless, being in removal status is much more expensive, so I would never recommend anyone pursues that path.

 

To the OP file a COMPLETE I485 package ASAP once your brother returns and can sign an I864.  You can get everything ready, and he can even get the tax transcripts to you assuming he is still in regular communication and has internet access.  Once he returns, have him sign the co-sponsor I485, copy the complete package and send it in.

 

Good Luck!

( my quote ) I agree with you. Right now, going to court is a gamble you simply cannot afford. The courts are completely backed up, and you will almost certainly end up spending far more money than you ever expected. It’s a slippery slope under this administration. My wife and I are already paying the price for the tiniest mistake — thankfully ours was minor, but it still cost us dearly. If your case reaches the courthouse, the costs will explode, especially if it moves into any removal proceedings. This system is stacked against ordinary people, and every misstep comes with steep consequences.

[Edward and Jaycel 2,222]

There is no "deadline" to file the AOS. The only set in stone requirement is to get married within the 90 days, so they will NOT reject your package simply for filing after the 90 days. My best advice is to wait for your brother, get his I-864 peoperly filled out with all the proper documentation and file a COMPLETE AOS package as soon after that as possible. That way you do not risk a NOID, RFE or even straight denial. They don't always give you a chance to fix something with a NOID or RFE. This just happened to a Filipina friend of Jaycel. They messed up the I-864 from her husband and they straight-up denied their AOS. No NOID, no RFE. File the best, most complete AOS you can as soon as it is possible. If he's out of status for a week or two, IMHO that's not as bad as a denied application.

[igoyougoduke 1,702]

18 hours ago, Purple_Paladin said:

Brainstorming... what if we file the AOS and send in I 864 later (end of month) since that's the main issue?

It is extremely important to get married within 90 days. DO NOT BLOW THE 90 day deadline .

[Purple_Paladin 23]

39 minutes ago, igoyougoduke said:

It is extremely important to get married within 90 days. DO NOT BLOW THE 90 day deadline .

Yes, I am married. We did that part in time.

[Purple_Paladin 23]

Another Question, and this might be more appropriate for a different thread but I don't want to get flagged for starting too many threads...

The new intended joint-sponsor who is researching whether or not he can do this right now is in the middle of applying for a small business loan and has a kid about to go off to college. He (and wife) are family members as well. They are well off but, understandably wary of the wording of sponsorship. He/they trust me and know I'm good for it. In a year and a half I'll be an RN and all of this becomes a moot point.

He's just worried about potential ramifications for the loan application.

 

Does anyone who has gone the co-sponsorship route know if this can affect your loan credibility? I'm not talking about "if the worst should happen, etc.." 

I mean does just signing the contract somehow trigger credit alerts or anything like that?

 

TIA!
 

[Edward and Jaycel 2,222]

4 minutes ago, Purple_Paladin said:

In a year and a half I'll be an RN and all of this becomes a moot point.

 

No it will not be a moot point.... No matter the financial situation of the primary sponsor, the joint sponsor is liable for the immigrant until, (A) The get their citizenship, (B) Work 40 quarter (usually 10 years if working continuously), (C) They leave the country and forfeit their LPR status or (D) They die. The I-864 is not disclosed on any credit reporting agency's database. If he and his wife file taxes jointly then she will need to fill out and sign the I-864A unless he wants to only qualify with his own income and then he will need to submit W-2s along with the tax return transcripts in his I-864 and only claim that income in the form.

[Purple_Paladin 23]

22 minutes ago, Edward and Jaycel said:

No it will not be a moot point.... No matter the financial situation of the primary sponsor, the joint sponsor is liable for the immigrant until, (A) The get their citizenship, (B) Work 40 quarter (usually 10 years if working continuously), (C) They leave the country and forfeit their LPR status or (D) They die. The I-864 is not disclosed on any credit reporting agency's database. If he and his wife file taxes jointly then she will need to fill out and sign the I-864A unless he wants to only qualify with his own income and then he will need to submit W-2s along with the tax return transcripts in his I-864 and only claim that income in the form.

I understand. I meant the financial situation for me/us would be resolved when I said it was a 'moot point.' 
Thank you for the info!

[Purple_Paladin 23]

Quote

Item Number 7. Current Individual Annual Income. Type or print your current, individual, earned or retirement, annual income that you are using to meet the requirements of this affidavit and indicate the total in the space provided.

For the I-864 for me (if I'm filing with a joint sponsor- not sure if that matters)

 

Quote

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year, counting from the date of signing Form I-864. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

For my financials: Which Tax transcript am I sending? IRS website has 4 different options listed: 
Account Transcript
Return Transcript
Wage & Income Transcript
Record of Account Transcript

Each one lists my gross earned income for last year. 

Quote

You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income

Also, should I list my child support income if all I have to document it is my bank statement deposits for the year?
My ex and I don't have the typical government child support agreement. It's just something that's listed in our divorce contract. 
It also ends in June so not sure if it matters or not.

What about my school transcript with awards and scholarships? Do I include that?

Quote

However, you may not include any means-tested public benefits as income for the purposes of meeting the income requirement.

Wouldn't the grants I get from FAFSA and my Needs-based scholarships be considered "means-tested income"?

 

This below confuses me...

Quote

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

So I have the PDFs from the IRS website. That's not considered a "photocopy" correct? It's a print-out. Are they asking for something else? It says there's no need for a certified copy of this unless asked. 
So with the print-out of whichever tax transcript I must include, I do or do not need a copy of my W2 as well? There's an IRS version transcript in one of those 4 versions listed. Is that acceptable to give as the W2? 

 

Finally, if I do include the child support and anything else would the sum total of that amount be the amount I list in 
#7 "My current annual individual income is: "... ?

 

TIA!
 

[Purple_Paladin 23]

I forgot to ask above, should I automatically include 3 years? And should I ask the joint sponsor to do the same?

 

Thanks again amazing people!

[OldUser 10,670]

10 minutes ago, Purple_Paladin said:

For the I-864 for me (if I'm filing with a joint sponsor- not sure if that matters)

 

For my financials: Which Tax transcript am I sending? IRS website has 4 different options listed: 
Account Transcript
Return Transcript
Wage & Income Transcript
Record of Account Transcript

 

Return Transcript is the only transcript USCIS / DOS are interested in

[OldUser 10,670]

11 minutes ago, Purple_Paladin said:

This below confuses me...

So I have the PDFs from the IRS website. That's not considered a "photocopy" correct? It's a print-out. Are they asking for something else? It says there's no need for a certified copy of this unless asked. 
 

PDFs from IRS or printed copies of these PDFs is good. 

[Edward and Jaycel 2,222]

14 hours ago, Purple_Paladin said:

I understand. I meant the financial situation for me/us would be resolved when I said it was a 'moot point.' 
Thank you for the info!

Ok good deal! I just wanted to be sure  

[Purple_Paladin 23]

20 hours ago, Edward and Jaycel said:

the joint sponsor is liable for the immigrant until, (A) The get their citizenship, (B) Work 40 quarter (usually 10 years if working continuously), (C) They leave the country and forfeit their LPR status or (D) They die.

 

Is it 3 years for my step-daughter as well? From what I've read, I need to file something for her to ask for her green card but I'm unclear about when I can do that.

 

 

[Dashinka 26,190]

30 minutes ago, Purple_Paladin said:

 

Is it 3 years for my step-daughter as well? From what I've read, I need to file something for her to ask for her green card but I'm unclear about when I can do that.

 

 

Assuming your stepdaughter came over on a K2 visa, you need to file a separate AOS package for her as well along with separate I864s, and separate I765/I131 if you are filing those as well for her.  I am not quite sure what you mean about the "3 years"?

 

Good Luck!