mandol

have you made an infopass appointment and brought proof of the emergency to get your AP stamp in your passport?

This is a better option instead of pulling the plug and starting all over again with a new petition after you leave the USA.

Hi,

Well i have already tried that, but i was slowed down as i needed to resubmit my I-864 and more importantly the USCIS, doesn't take bad planning into account, and because it's my wedding, they don't want to expedite my case.

I need to explain that it wasn't poor planning, because i never planned on moving to USA, i came and then decided to stay as it would be better here for my wife as her family lives in USA. I was under financial constraints, as i cant earn money here. So it isn't like i didn't want to file for my change of status earlier, it was that i couldn't due to financial constraints placed on me from staying here without a work permit. I had to loan the money.. Maybe if i plead my case they might have pity for me.

I Also have another very important question:

What if i leave after i retract my application to change my status, and during the time of my application my I-94 expired. Can i still transit through America?

So for Example:

My wedding is in Dominican republic, if i cant come back into the USA and live then i would want to go back to living in Tanzania/Africa.. To do this i would need to transit through america, Would i be allowed to?

Thank for the help

Your wife did not have any income in 10 years? What money did she live off?

Her fathers and then mine

Hi,

Unfortunately i have to retract my change of status application, i need to leave america and my emergency documents were not granted to me.

How do i retract my application?

Is it better to retract the application before i leave?

Thank you,

Follow Jim's advice. If Emergency Advance Parole (AP) is not granted to you, leaving the US for your ceremonial wedding would mean that you abandon the AOS process. You then would have to apply for a CR-1 visa in Cyprus in order to enter the US again. It would take several months to get it.

Hey guys,

So i got the letter and as you said, i have not been granted my payroll documents. I am in such a bad spot, the wedding costs 20 000$ and my family and her family have spent at least another 30 000$ on getting to the Dominican.

So i will have to choose the wedding or stay in america.

Question, in my case where my I-94 expired after i applied for change of status. in order to get from the DR to Africa i have to go through USA, so will i still be able to transit through America, if i leave for Dominican Republic?

Also how many months will it take to get my CR-1 Visa? 3-6 months? could it be more than a year that i cant come back?

Thank you for your help..

Is this grounds for denial if petitioner's income is zero even if there's a joint sponsor that meets the Poverty Guideline?

No, i want ot know of in section question 8, i selected the incorrect box, would this hold up the application?

No, wrong. Your wife is the primary sponsor. She MUST sponsor the principal immigrant. You only answer "no" to that question if there is more than one immigrant, and you have two joint sponsors, and one of the joint sponsors is sponsoring the primary immigrant and one is sponsoring the derivative immigrant. In that case, the joint sponsor who is sponsoring the derivative immigrant would check "no". Everyone else checks "yes".

Would a mistake like that need me to resubmit the I-864 with the correct block selected?

i know it might sound like a stupid question, but it's more out of desperation, i have to try lol...

No, wrong. Your wife is the primary sponsor. She MUST sponsor the principal immigrant. You only answer "no" to that question if there is more than one immigrant, and you have two joint sponsors, and one of the joint sponsors is sponsoring the primary immigrant and one is sponsoring the derivative immigrant. In that case, the joint sponsor who is sponsoring the derivative immigrant would check "no". Everyone else checks "yes".

Thank you, i am going to have to move fast to correct this silly error!

If her income is below the filing requirement, then she would not need to file a tax return. As the form I-864 instructions state (page 8), in that case the sponsor would include a statement giving the reason that they are not required to file. A statement to the effect of my income in 20xx was $xxxx which is below the amount required to file a tax return.

For the prior filed return(s) you can call the number in the link given above. I believe it's only the most recent 3 years that are available. For anything that she files now it takes a bit of time for the return to get into the system in order to receive a transcript. Transcripts are required for late filed returns. Milimelo's advice above is best if you need proof of filing ASAP.

Hi,

I have one last question:

on the I-864 in part 3:

On Question 8. For my wife because she has no income i selected NO and on the joint sponsor in the other i-864 i selected YES

"8.Relationship to Sponsored Immigrant

I am sponsoring the principal immigrant named in Part 2 above.

Yes/ No (Applicable only in cases with two joint sponsors)"

Was this done correctly?

If her income is below the filing requirement, then she would not need to file a tax return. As the form I-864 instructions state (page 8), in that case the sponsor would include a statement giving the reason that they are not required to file. A statement to the effect of my income in 20xx was $xxxx which is below the amount required to file a tax return.

For the prior filed return(s) you can call the number in the link given above. I believe it's only the most recent 3 years that are available. For anything that she files now it takes a bit of time for the return to get into the system in order to receive a transcript. Transcripts are required for late filed returns. Milimelo's advice above is best if you need proof of filing ASAP.

thank you very much, this is the document i have drawn up: i will take it in today:

Statement for submitting

Tax Returns

Miss P Social Security :

100 Bayview Drive

Sunny Isles, Florida

33

To Whom It May Concern:

I Paola Andre Correa, hereby declare that I have not met any of the below criteria that would obligate me to file my tax returns for the last 3 years.

To determine if you need to file a Federal Income Tax return answer the following questions:

Occasionally, individuals have one-time or infrequent financial transactions that may require them to file a Federal Income Tax return. Do any of the following examples apply to you?

• Did you have Federal taxes withheld from your pension and wages for this tax year and wish to get a refund back?

• Are you entitled to the Earned Income Tax Credit or did you receive Advance Earned Income Credit for this tax year?

• Were you self-employed with earnings of more than $400.00?

• Did you sell your home?

• Will you owe any special tax on a qualified retirement plan (including an individual retirement account (IRA) or medical savings account (MSA)? You may owe tax if you:

o Received an early distribution from a qualified plan

o Made excess contributions to your IRA or MSA

o Were born before July 1, 1939, and you did not take the minimum required distribution from your qualified retirement plan.

o Received a distribution in the excess of $160,000 from a qualified retirement plan.

• Will you owe social security and Medicare tax on tips you did not report to your employer?

• Will you owe uncollected social security and Medicare or Railroad retirement (RRTA) tax on tips you reported to your employer?

• Will you be subject to Alternative Minimum Tax (AMT)? (The tax law gives special treatment to some kinds of income and allows special deductions and credit for some kinds of expenses.)

• Will you owe recapture tax?

• Are you a church employee with income in wages of $108.28 or more from a church or qualified church-controlled organization that is exempt from employer social security or Medicare taxes?

B is the best option you have assuming that she needed to file.

If her income was below the amount required to file then what is needed is a statement from her saying the she was not required to file taxes for year 20xx because her income ( $xxxx ) was below the amount needed to file.

Transcripts of prior filed returns can be obtained in a few hours via fax by her calling the IRS. See this link >>> http://www.irs.gov/newsroom/article/0,,id=105370,00.html

Thank you i am busy filling her taxes as of now. Her income has been 0, for the last three years, one website is saying she needs to file and another website is saying she doesnt need to file. v

I am sorry but i have never filed american taxes before, so i am a little lost... can someone give me a little more guidence with this tax issue.. i am filling out form 1040EZ...

Should i just go with her statement saying that she hast made money and give proof and thats why she hasnt filed?

I am going to try and file her taxes today.

Lets say i do so, then can i give copies of what i filed? will that suffice?

option a) go in with what i have and see if they accept

b) quickly file her taxes and make copies of the forms i file

c) Give up

If option B, then how long will it take?

ok so i got the IRS form 1040EZ, if i fill them out and file her last few years of taxes, all at 0 income, can i use those documents?

I am going to try and file her taxes today.

Lets say i do so, then can i give copies of what i filed? will that suffice?

option a) go in with what i have and see if they accept

b) quickly file her taxes and make copies of the forms i file

c) Give up

If option B, then how long will it take?

You need to realize that without required documents you will not be given an AP. Prepare to stay in the US until you provide what they ask for and receive AP. Failure to obey and leaving without an AP will get you a cancelled AOS and you get to stay in Cyprus to await CR-1 visa processing.

Poor planning on your end got you in this bind.

i agree on that one.. very poor planning!!

nope i cant miss my wedding it is going to be epic, i will go and live in Africa for a year or so till my visa comes in. Only sucks because my wife will miss her family but it is better for me, its easier for me to make money over there

here is our wedding website www.mypaolita.com , cant miss that ..

File back taxes and get copies of filings to include with I-864.

Also, moving this topic to AOS from work, tourist, student visa, I think I remember reading you're AOSing from tourist.

My problem is that i have to be at the USCIS office within a few hours, they have agreed that i can go in to fax my i-864 to the head office as they are trying to get my emergency travel documents processes as i have an emergency.

I have a co sponsor who has all his taxes, my wifes income has been 0..

whats the fastest solution? can i file without her tax slips?

Hey guys,

My wife hasn't filed her taxes in ten years, her father used to do it for her and now I cant give copies of her taxes with the

I-864.

What do i need to submit, i was told i need to quote IRS Law, but i dont know IRS law.

She never filed when she was with me over the last two years because we were traveling to Europe and Africa.

Please Help

Your wife is the sponsor, and her father is the joint sponsor.

Your wife fills out the I-864 as the main sponsor, whether she had income or not. If she has no tax returns, she needs to send in a statement, quoting the IRS law, for the reason she did not have to file taxes those years.

Her father fills out his own I-864 and checks box (d), since he is the only joint sponsor, not the second joint.

Hi,

Thanks for the reply. My wife was traveling around the world with me and she wasn't earning an income. I am on the IRS website but i cant seem to find the laws i need to quote.

The last time she filed was 2001, lol.. Can someone please help me and tell me what i need to file with her i-864, I have no idea what laws to quote in a statement.

Hey Everyone,

Thanks for the assistance, i went into the USCIS today, and they have said that i need to re submit my i864 as i did it incorrectly, i have my father in law as my sponsor, but i needed to have my wife as the sponsor and her father as a co sponsor.

So just to make sure i am correct.

I will submit one i 864 with her as the sponsor, now my wife hasn't worked for sometime, and for the last 3 years she was traveling the world with me, so she has no tax returns.. Will that be an issue?

Secondly, from my understanding i need to get her father to fill out his own i 864 and on it in part 1, 1,e, i can state it is the second sponsor.

is that the correct way to fill out the i864 when your petitioner doesn't make the required income?

Tomorrow they are allowing me to go in and fax the forms to the office and then maybe they will give me my travel documents ..

There is hope

thanks for all the help, i am going to go in today and see if i can get an emergency doc, or else i will do my wedding and go back home, it sucks for my wife though because she will miss her family.

Sadly, you should never rely on what someone told you because everyone's applications have a different timeline.

What visa are you adjusting from?

I wish you luck

From a B-1/B-2... pooh, this is bad, so many people spent so much money going to DR for my wedding..

Hi,

Thank you for your response, yes it was poor planning .

I went for my Biometric exam on the 2'nd of April.

What can i do, should i get the documents required for the sponsor and go in with it? What does AP stand for?

So retracting my AOS and filling for an extension isn't an option?

Someone told me that you get your travel Documents after a month of applying, thats why i thought i would have it by now. I think i am in a lot of trouble, i dont mind going back to my country but it isnt the best place for my wife. this is a very sad day eish

AP is now combined with the EAD - it's one card. They don't usually issue the card until you've had your biometrics appointment as they need the photo for the card.

You've already received an RFE for a joint sponsor. Nothing more is going to happen on your case until you respond to the RFE.

You can't generally file for an extension of your stay if your stay has already expired. It's also next to impossible to have an extension of stay approved in a week.

Make another infopass appointment and ask for emergency AP. Pray that you get a lenient immigration officer.

No offense, but it was extremely poor planning to schedule your ceremonial wedding only 1 1/2 months after you submitted your AOS package.

Hi,

Thank you for your response, yes it was poor planning .

I went for my Biometric exam on the 2'nd of April.

What can i do, should i get the documents required for the sponsor and go in with it? What does AP stand for?

So retracting my AOS and filling for an extension isn't an option?

Hey All,

I have quite a big problem at the moment. I hope someone can give me the right course of action. My situation is as follows:

I filed for my change of status as well as my , my work permit and travel documents, i filed last month, and i got my receipts on the 4'th of April 2011.

I am having my ceremonial wedding in the Dominican Republic on the 21'st of May 2011. I went into the USCIS offices to ask them if they can speed up my application for travel documents, based on my ceremonial wedding. I went in and showed them my receipts for my wedding. The lady said that she sent them a message to the processing office and said they will get back to me by the 8'th. Today is the 9'th and the only letter i have received is a letter saying i need a joint sponsor, as my father in-law's income does not suffice as a sponsor.

I need to leave in 8 days to go to the Dominican for my ceremonial wedding and my I-94, expired 9 days ago(april, 30'th, 2011)

i want to come back to America and I want to go to my wedding, my family has spent a lot of money to come from around the world, i need to be there .

What should i do?

Retract my change of status application and file for an extension on my i-94, that way i can go out and come back in! if yes, how long does it take to get your I-94 extended? And if i re tract my application do i lose all the filling fees?

OR

Send in the sponsor information that they have requested and hope the travel documents come before i need to leave.

Or

Do I go into the office and file for my travel documents a second time?

Please help