NinjaLadyBug

I am so sorry for your situation. Please indicate what you are looking for in this forum. Are you lookign for help on how to file for your adjustment of staus to a legal PM?

If so can you quickly detail your current immigration status as well as the specific evidence you have of 1. Marriage and 2. Abuse. Remmber, you can use the anything you can think of to substantiate your claim but you must be very organized and thorough.

There are many people on here that may be ableto help you but your must be a little more clear about the infomation you want....

I'm going to put the date of arrival as a literal question which is the date I last entered the US. So the last date your crossed from Canada. Include with you any record you have from crossing or a short letter of explaination... This is just my guess....

I was looking for that number myself and I don't think it exists so you may leave it blank because it says "(if any)." Non immigrant visa's do not have Alien numbers as far as I know...

I'm going to check 'permission to accept employment' because I consider my current employment tied only to my current employer. I need permission to accept employment from anywhere not just the company I'm working with now. I think if you check 'renewal of my permission to accept employment' you are indicating that you already have an EAD card that you need extended....

Hope this helps...

Thanks for your post. I'll be interview in Newark if all goes well.. How long have you and your wife been married and what did you send in as innitial evidence with your AOS packet?

The H1B is a dual intent visa so there is a presumption that you may AOS while on it. So there is a little gray area when it comes to work and travel while you AOS. Once you file for AOS your H1B is not automatically revolked. It is only revolked if you use your EAD card. It is at that point that your H1 is no longer valid and the rules of your EAD card are put in place....While you AOS your H1b visa stamp can be used to travel and work with your current employer....

The other non immigrant visas do not allow this measure but your H1B does. You can ask your company HR department/lawyers about this so you have more clarity.. They will tell you as mine told me that you can use your H1B as usual till you complete your AOS or use your EAD card.

In your case, there is not much of a difference in using your EAD card or staying on your H1B unless your employment is terminated. So I would apply for both your EAD and AP and use it only if you have to....

Hi Superburger,

No H1-B are dual intent visas so it means you can/may have the intent to BOTH stay permentantly if approved or leave when your H1 expires. Your status also means that you can travel on your H1B, as long as your visa stamp is valid, with no problems. You just have to make sure that you remain employed and your H1 status does not lapse while you are out of the country.. You did the right thing by being honest about your maritial status because that should also not be a problem for your particular status anyways.

Your H1 status remains active till you are either approved (you AOS to PR) or till you use your EAD card, so remember that once you receive it, if you forward it to your employer, you have terminated your H1B status and replaced it with your EAD card with a different set of rules and new expiration. If you use your EAD, your travel restrictions will also change!

If your AOS is not approved, the reason it was not approved will determine whether your H1B or any other legal status is terminated. If you are not approved due to missing/incomplete medical etc - then that would be a denial/rejection without prejudice. You can therefore continue on with your H1B. If however you are not approved due to misrepresentation or fraud, your H1B may be revoked.

Bottom line - your H1B allows you to travel while AOSing with no issues and does not conflict with the process.

Hope this helps!

Can you send the mortgage paper work your have already filed together as well as the statement from you mother about your living situation. Also maybe some bills that come to your house addressed to each or both of you? Some people even use junk mail....

i paid for our apartment she lived with me rent free isnt that providing something for her? i have hospital bills and we had charity csre she signed me up but those bills and debts and assets we did aquire are in her posession and she will not share them. i have proof of me asking her. not getting those things are part of my abuse and its defined as abuse by the ppl who did my domestic violence letter even. thats just crazy if what you are saying is true.

If the bills are in your name, can you request them from the billing company directly? especially the medical bills. Can you call and have then resent to you? Its worth a shot. Also, how did you retrieve your belongings when you left? She should not legally be able to withhold mail that came to your house in YOUR name. Thanks actually ILLEGAL and you should talk to a lawyer about that. I open some of my husbands mail (he consents of course) but we share live together and I take care of all the bills but if (Hod forbid) something was to happen and we were no longer together, and he instructed that I no long did so, it would be ILLEGAL for me open and retain his mail.......

How did you pay the rent? Out of your account? There should be a paper trail of that no?

While Bob maybe helpful, I think that many of his replies sound condescending and arrogant. Perhaps they aren't intended that way but that's how some of them read to me. People go to the upper forums for help and at times they are confused, scared, desperate, etc. Personally I see no reason to kick them when they are down for asking a simple question or something they may have missed reading the guides or not reading the guides. This isn't directed at Bob personally, I am just pointing out that there are a few regular "helpers" in the upper forums who do this and continually get away with it.

I personally don't think Bobs comments are arrogant at all. I think he's just one of those personalities that you either love or hate. I've seen him on many instance be very sensitive and sometimes he may come off brash because he has an air of dry sarcasm but I've never felt that he was out of line.... There are folks on here who are VERY mean to others and don't get the same attention as Bob probably because they arent as clever or funny...

The truth is we live in a diverse world and it would be boring if we all had the same monotone 'peaceful and sweet' air.

He's a good guy and thats all that matters... He's helping people and making it fun at times..

I always wonder what the people who post responses (helpful ones) sound like in real life. For example, does Brother Hesekiel aka Bob have a thick German accent? Some of his humorous comments probably sound EVEN FUNNIER in his own audible words.

Does anyone else wonder about their favorite VJ'ers?????

If he is on an H1 (or any other legal work permission) you can use his income to meet the requirement if you (the USC) do not. He just has to get a letter from his employer that he is in good standing that that the income will come from the same place after you petition. YOU still need to fill out the form as the sponsor...

This is what the instruction page of the form says (I wish I downloaded them all before I started asking questions ....

Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements. First, the income must be continuing from the same source after he or she obtains lawful permanent resident status, and second, the intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements.

However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

It looks looks like the residency 'pillar',as Bob likes to put it, was not satisfied. I suspect that the reason they don't say ' send us a lease or mortgage' only is because they understand that in some cases, there is a reason people may not have one. So they extend the list to other things that may show a common household....

I think you'll be just fine with the additional documentation you are going to provide. Just make sure to write a letter explaining the house situation. Just dont say 'its HER HOUSE' too loudly. They may get stuck on the idea that married couples should share EVERYTHING so why wouldnt you consider it joint property.

Don't get me wrong. I get it. My father recently got remarried (well 6 years ago) after a marriage with my mother spanning over 20 years (she passed away). He made it abundantly clear in his will that us kids would retain the house should he die. His current wife has no stake or ownership in the home although she will live there for as long as my father is alive. He has also set up many of his assets in this way essentially excluding his current wife from older assets but maintaining that the provisions they assemble during their marriage would be hers.

So in many respects I understand that its 'her' house. So you have to show that your other newer maritial assets are just as substatial.

Like I said, I think you'll be just fine with the new list you plan to send. I'm not an expert but common sense leads me to believe your evidence will be acceptable.

Whats scary is that he's not the only one. I went to the H& R Block and the confusion on this topic is much broader than one would think. They do it because tax 'pro's' know that the IRS rarely audits peoples filing statuses and most people who go along with this mistake never go back and change it if they ever findo out.... I now know WAAAY more about taxes than I ever thought (or wanted) I would and until I find someone we can trust, I'm doing our taxes....

Well, hopefully someone has an answer for my two questions....

I just wanted to double check something before I filed...

My husband and I were advised to file separately early this year (single). The tax guy said "me and my wife have never filed jointly or married separate - we get a bigger return when we file 'single'. Its no big deal.... " so he went ahead and filed the return with both of us as "SINGLE". I felt uneasy about filing single so I looked it up on the IRS website the second we got home to see if we had done the right thing. We had NOT! So, I called him and told him that he ill advised us! He said to wait till we had the direct deposit and he would redo the return for free (heck yea you're doing it for free!!).

So after a week we stormed back into the office and he redid the return as married jointly for 2010 and we sent the IRS a BIG check of what we actually owed...

My questions are as follows...

1. We ordered our TAX RETURN TRANSCRIPTS (as stated in the 864) but it does not reflect the updated changes. Only the TAX ACCOUNT TRANSCRIPTS shows that we are filed as married with the updated combined income but it does not have the detail that USCIS wants. The IRS clearly says (in their automated system) that the TAX RETURN TRANSCRIPTS will only show the return AS ORIGINALLY FILED and will not reflect any changes made with an amended return....

So if USCIS wants a TAX RETURN TRANSCRIPTS, we have to submit the one with the wrong filing status and only my husbands income???? Is there any other document that any of you know, that would suffice. I dont want USCIS to think we deliberately filed taxes incorrectly and have not corrected the issue because we paid back all that was owed and refiled it correctly as soon as we could.... Can we send in the signed 1040EX(amended return) form we filled out with the TAX ACCOUNT TRANSCRIPTS to show that we actually did file that return with the IRS?

2. My second questions is, how do we reflect the totals on the return? My husband is filing the affidavit of support and makes enough on his own, but because the return is joint both of our incomes should be recorded on the form correct? (even though we are not using my income to qualify)

To clarify, HIS income alone goes here: 23. My current individual annual income is: $___________[/b]

HIS also goes here: 24. My current annual household income:

a. List your income from line 23 of this form. $___________

Now this one is tricky for me.....

b. Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See step-by-step instructions.) Please indicate name, relationship and income

This line suggests that if I put my income down, we are using my income to qualify which we are not(nor do we want to fill out a 864A for no reason). We just want the total line below to reflect our house hold income size c. Total Household Income:

if I check "e.The person listed above XXXXX does not need to complete Form I-864A because he/she is the intending immigrant and has no accompanying dependents." does this rectify this question. I don't want to have to find my pay stubs or get a letter from my employer etc if I dont have to..... Will I have to regardless because the return is joint?

So confused and I really dont want an FRE for filling this form out incorrectly!!! Do I have it right???

This is a very intriguing topic and I must say that both Bob and Jim have personally given me something to think about. It never occurred to me to deny them entry but I assumed they would have some kind of warrant anytime they would choose to approach my home. We live in a not so great neighborhood, and I am currently 5 month pregnant so letting strangers in without my husband present would really be a no no but the idea that ones privacy would be so easily violated (and I allow it due to fear or lack on knowledge) is really astounding.

Before I read this post, I thought that I would welcome a visit because it may make my process easier for them to see my family at home together, but both Jim and Bob are correct, if someone wants to bury you, they are going to look for the evidence that does in fact damn you, not that which is contrary to their goal.

On a more statistical note, are these home visits becoming more prevalent? I'm surprised to see this topic come up as often as it has been. I assumed that less than 5% of cases are taken this far and if you happen to fall into this category you have given rise to some very serious suspicions.

At any rate, good things happen to good people right - so let them on it!? Then again, I've been arrested for unknowingly driving with a suspended license (SL), because I mistakenly underpaid a ticket by $1 (YES A SINGLE DOLLAR). Found myself paying hundreds in fees only to have to go through a HEAP of trouble getting the fees reimbursed, license reinstated with no apology from the local government for not sending out any notice of the actions that had been taken against me. When the officer arrested me, he didn't care that I had no idea I was driving with a SL, impounded my vehicle, threw me in the back of his car and only then proceeded to find out that I owed $1 to the state my license was issues to. He was not interested in the fact that I was a simply going to school that day, had never been arrested, was terrified out of my mind, was not sent any notice and had never done anything criminal in my life. He was there to do a single thing and the consequences to my life thereafter were not his problem... Really I don't blame him for doing his job, but it sure wasn't pleasant to have to go through all that.

My convoluted point is, sure - good things happen to good people, but sometimes the government does not so great things to good people too, and protecting yourself when you can is not at all a bad idea...

It does seem quite odd you were visited given what you have described so far at the interview. Are there any other things that could raise questions? Different, races, religious beliefs, overall background, etc? Do you and your spouse 'match'? It feels silly asking these questions but maybe they are relevant? Your cousin's sedulously is also key. Perhaps you should find a way to ask her if she did say something and judge whether she's being truthful - awful that she would so that to you though....

As a woman, my heart goes out to you. Although I love my husband, I've been through alot with him, and empathize completed with what you've written. I have to say from my own experience that my decision making process is very different now that I am expecting a child. Its not just about my feelings anymore - are my feelings worth jepordizing my childs relationship with his/her father? No. There is no vindication worth breaking my childs heart... I have to forgive and retreat more for the sake of my child.

You have two things to think about.

1. First and most importantly, your child. Do you truly beleive that your child would be better off without their father? This is a very serious thing to consider. Your feelings or hurt should not become more import than the landcape you are carving for your childs life with the actions you are now considering. Whatever people do to each other, children must not suffer the consequences of their parents broken heart.

2. Are you 100% certain that your gut feeling or insticts are not being clouded by your emotions? Alot of peoples lives could be at stake, particularly and MOST importantly that of your childs. I am in no way suggesting that you keep a fraud a secret if you are 100% certain that you are right and have enough proof, but I would wait a while to process your thoughts before doing anything that might jepordize your childs future. Your words are wraught with emotion, and sometimes pain makes us think things that may not be there...

He does not sound like he was a good husband or even a good guy. That does not make him a fraud - just a bad husband. It might just mean it didn't work out and you cannot concern yourself with what he's doing with any of these other women, but rather your childs stability...

Thank you both!! It's hard to figure out what to bring and what makes the most impact!!!

I didn't know that I could use the 'married filing separately' as proof? That's great then that I can use those filings although I didn't know that! Thanks!

Harpa Timsah, you mentioned sending in only a few things initially. Which peices did you send and how did you determine what to send?

Hello VJ!

My husband(petitioner) and I(beneficiary) are having a baby and I would like to include some documentation showing this when we file (Innitial AOS filing). I was hoping that some folks who were AOSing while pregnant can help me determine what kind of evidence to include and how this helped the outcome of your filing although I want to hear from everyone not just expectant mothers.

We have joint leases, savings and checking account, joint taxes for only 1 year (we've been married for 2.5 - others years we filed separate), photo's, 401k ben documents, etc. I was wondering if it makes any sense to include the sonograms and how much weight this can carry in the process?

To further the discussion, I know everyones situation is different but what are peoples opinions of whether this is helpful documentation. What evidence matters more that others? Does having a baby/sonogram carry more weight than a lease? Does a joint bank account have more weight than a sonogram?

I know everyone will have differing views (which I am very interested to hear) but lets say you had only 4 pieces of documentation to provide, which 4 would rise to the top of the list?