AnythingButCommon

To my knowledge, an I-20 in itself cannot give you permission to work. What is the exact endorsement you have on your I-20 that designates this?

It stated that Type:OPT and Duration of employment: till 9/30/2011.

It called cap-gap extension.

Are you talking about a STEM extension? I'd triple check that you're in legal status to work. It's unclear what's going on here.

No, I already used my 27 month OPT and then I filled my H1B so college give me I-20 to work during that period untill I didn't get my H1B answer.

The immigrant absolutely needs to change his address is he moves. USCIS doesn't want a "permanent address," they want a address of residence.

When you move, you will change your address, and the interview will be in your new state. Your wife will have to travel to the new state for the interview. You will have to have a good reason for living apart. Are you on OPT? How are you working if you are on a student visa?

I was on OPT till July,2011 and during my AOS I also filled my H1B so I can work during untill I don't get my green card EAD but the result is still pending and I got the extension I-20 from my school so I can work till 30th September.And right now I am working on it.

It really depends on your exact situation. We don't know anything about you and, therefore, can't really help you much with the information you provided.

If your wife is going to stay at the same address, you may not need to file an address change because, simply, your address did not really change.

Do NOT, however, try to convince USCIS that you're living together if you're not. This situation is not uncommon, but your burden of proof will be higher. Nobody here will be able to give you an all inclusive list of documents to bring; contact a lawyer if you want very specific information about your situation.

Thanks,,I guess I should have to contact lawyer.

I answered you here last month. http://www.visajourney.com/forums/topic/321719-move-during-aos-process/

Thanks for response,

I am worried about how to convince interview or what are the supporting documents for that.

Hi Everyone,

My AOS process going on right now. I got REF document and I submitted that query in second week of August.I filled my process in PA.

Now from next week I am moving to OHIO for work and my wife is still in PA because she is studying.

I am little bit tense now. Can I request my green card interview in PA instead of OHIO?

or If not than what are the documents which can prove the relationship between us even though we are not living together.

Please please help and guide me to the correct path.

Thanks

Hi everyone,

I am on OPT and my spouse is going to file my AOS for green card.

I have 50k annual income so can I file I-864 to meet the requirement?

A job paying $2k per month is enough for a household of 2. The interviewing officer makes the final decision. You may want to secure a joint sponsor just in case the IO isn't comfortable with your wife's length of employment.

Thanks,

When I filled my AOS at that time my father in law was sponsor but his income was not enough so they sent me REF for that.

Now If I send them new I-864 from my spouse as sponsor and they don't get satisfied with length of employment than what they do?

Hi everyone,

My wife started work from june,2011 and her annual income is more than $24,000.

we are just 2 living together.I checked in I-864P and it required $18,387.

She just started earning $2,000 each month from june so can her income be sufficient to sponsor me or she need $18,387 income till December.

I mean USCIS require $18,387 income annual or till December.

Please help me with that.

Thanks

He EveryOne,

I just read the other topics and found that they just consider last year income for the sponsor. is that true??

http://www.visajourney.com/forums/topic/317828-can-wife-be-only-sponsor-with-current-income/

Because my spouse didn't work last year but she just started from june,2011 so I am going to show her as my sponsor in I-864.

Please guide me ,,,,,

Thanks

Hi Y'all. I got the RFE today and it was about my wife not meeting the 125% Federal Poverty guideline. Now my questions is my wife made about 11k last year how much is the minimum my joint sponsor make on their tax forms? Also, I will like to know if getting a sponsor from another state will not be a problem. Please I need answers

Hi ,

I have the same situation like you.

You got REF even though you show her more than 18K for current year or you didn't???

Am I right?

Look at the instructions for I485 form, it would say you need to submit a medical report. Since you are doing it from H1B to AOS you would need to file I693 with I485. I sent the following with my I130 and I485 package (I did not apply for AP because I was not going to leave the country at all)

Contents of packetinclude:

1. Application Fee of US $355.00 for I-130

2. Application Fee of US $1,010.00 for I-485

3. FormI-130, Petition for Alien Relative and supporting documents as listedbelow:

Copyof US citizenship certificate.

Copyof un-expired US passport (all pages).

Copyof Marriage Certificate.

Copy of Lease Agreements for our current Addressand previous Address.

Copyof Bank verification letter as proof of co-mingling of financial resources.

1Photo of Petiotioner and Beneficiary

1 set of G-325Aforms for Petitioner, 1 set of G-325Aforms for Beneficiary

4. FormI-485, Application to Register Permanent Residence or Adjust Status andsupporting documents as listed below:

Birth Certificate (In my case it was a long story with RFE)

Copyof Passport (all pages)

2photos

FormI-693, Report of Medical examinationand vaccination record.

I-864,Affidavit of Support and supporting documents

5. FormI-765, Application for Employment Authorization and supporting documents aslisted below:

Copyof I-797A notice of approval for H1Bwith I-94.

Copyof original I-94 (front and back)issued at POE.

2Photos

If spouse is on OPT or H1B , can he fill I-864 for the affidavit of support or not??

I just read the instruction for filling out the I-130 form but couldnt find anything about tax returns. Is that mean it's not required or I just miss something? Some of my friend who is also married told me that these is very importand to send copy of tax returns for last 3 years with paperwork.

If spouse is on OPT or H1B , can he fill I-864 for the affidavit of support or not??

Current Annual Income.

Thanks you so much for you quick response.

So it will work for me right even though her income till december,2011 is not greater than 18,000.

Hi everyone,

My wife started work from june,2011 and her annual income is more than $24,000.

we are just 2 living together.I checked in I-864P and it required $18,387.

She just started earning $2,000 each month from june so can her income be sufficient to sponsor me or she need $18,387 income till December.

I mean USCIS require $18,387 income annual or till December.

Please help me with that.

Thanks

Hi Everyone,

I filled my green card though marriage. I had my bio-metric and now waiting for EAD.

Now I have to move to other state for work but my wife will continue to live in the same state from where we filed AOS for studying.

So we are not living together. Is it a problem when we will go for interview??

Please advice me in that.

Thanks

Can anyone please help to find that where can I get interview??

In the state from where I filled my AOS or in the current state(different from AOS filled state).

As long as you explain and give good reasoning, it will be fine. Make sure you have the EAD card in hand before you do work and get a SSN, if you haven't already done so.

Where I will get the interview??

state from where I filed my AOS or where I am living??

As long as you explain and give good reasoning, it will be fine. Make sure you have the EAD card in hand before you do work and get a SSN, if you haven't already done so.

Thanks for your reply.

Right now I am working on my OPT Extension.

Hi Everyone,

I filled my green card though marriage. I had my bio-metric and now waiting for EAD.

Now I have to move to other state for work but my wife will continue to live in the same state from where we filed AOS for studying.

So we are not living together. Is it a problem when we will go for interview??

Please advice me in that.

Thanks

Please stop double posting. But you can send a signed letter of emPloyment by her boss.

Thanks for your response.

I think you are good to go: you now have one I-864 filled out for your US spouse with her income, tax returns etc. You also have another I-864 with all the documention for your father in law his tax returns etc, and proof of US citizenship). I don't see what could go wrong this time.

Wishing you the best of luck!

Thanks for your help,,,bit relief for now

Yes, I do think tax returns, W2's and pay stubs for your co-sponsors will work fine. Have your father in law fill out a co-sponsor I-864, attach his tax returns, W2's, pay stubs, and dont forget, a copy of his birth certificate (to establish he's a US citizen). Dont forget to also send whatever information USCIS felt was missing to your wife's I-864. Even if you have a co-sponsor, your wife's I-864 must be complete.

With a co-sponsor, the AOS process should go smoothly from now on. Good luck

Thanks for you response.

I already submitted all the documents from my father in law but instead of I-864, I fill I-864a even though they are not living at same place so that's how I got REF document and at that time I didn't show any income from my wife. But now I will send all the document with the employment letter(I don't have pay stub so I don't have any other choice) for my wife with new I-864 and I-864 for my father in law. So they can count both income.

Let me know If I am on the wrong track.

Thanks

Forgot to say, be sure to include her IRS tax returns from 2010 as well as the W2's. If you do a search on VJ, others have listed the IRS link where you can request those. Takes about 2 weeks to come in. Or, I heard you can have them faxed in minutes or pick them up in person to shorten the wait. Maybe others can chip on on this. And again, if her income wasnt over the required minimum for 2010, I would REALLY add a co-sponsor to your application...

Thanks for you response.

I have the tax returns and every thing for my wife and my father in law.

But for my wife I don't have pay stub for her. she just started working but she do have employment letter saying annual salary.

And for my father in law I have tax returns,W-2s and paystub.

Is it works??

Thanks Again

I filled my AOS.I am on OPT and My wife is US citizen.

USCIS send me REF document saying that the income didn't meet 125% of poverty line.

When I submitted the package at that time my wife was not working but from last month she start working and he has employment letter sated that her annual income is $22,000/per year and start date.

I checked the REF document; It stated Below:

you will need to file Form I-864,provide copies of most recent federal income tax returns,all supporting tax documents(W-2s,1099s, and tax schedules) and evidence of their status as united states citizen,unites states national, or lawful permanent resident.

They didn't mentioned pay stub and even I don't have it. Is it ok to send the other documents without pay stub with new I-864 fill by my spouse??

Thanks

Hi Everyone,

I file my green card in May. At that time my wife was not working so I got the letter from USCIS, stated that income is not sufficient.

Now My wife start to work from June and she had employment letter mentioning the annual income and when she started working. I am on OPT.

Can I send the New I-864 to USCIS with employment letter, last three year tax returns and US passport?

we are just 2 me and my wife and letter stated $22,000/per year. It will work or not??

And Do I have to send pay stub too to USCIS or just letter will work.

Thanks in advance for the response.

Thanks

Hi Everyone,

I file my green card in may. At that time my wife was not working so I got the letter stated that income is not sufficient.

Now My wife start to work from June and she had employment letter mentioning the annual income and when she started.

Can I send the New I-864 to USCIS with employment letter, last three year tax returns and US passport?

we are just 2 me and my wife and letter stated $22,000/per year. It will work or not??

And Do I have to send pay stub too to USCIS or just letter will work.

Thanks in advance for the response.

Thanks

Hi Everyone,

My filed for my AOS. Now I got the letter that i am not meeting the poverty requirement.

My wife is not working so My father in law file I-864 and his income is 27,000. and House hold size is 5 whose requirement is 32,712.

No my mother in law used work till November and after that she got lay off so she is getting unemployment of around 1,200/per month.

can my father in law include her income as household or not to meet the requirement?

Thanks