Scarlet_

hi, Ive been petitioned by my husband through a k1 visa and we are now more than a year married. I havent reported our marriage to Phil embassy yet, not bec we dont want to, but bec we just had no time to do that since were busy working... But now, i think I need to do that since my passport is going to expire soon and I might as well renew my passport under my married name... However there's a problem we might have...

My husband was previously married in the Philippines.. Both of them were Filipino citizens when they came here... ex wife filed the divorce. Divorce granted in a couple of years when they still both were filipino citizens.. after a year, my hubby got naturalized and became USC. he met me and he filed petition for k1 visa... ex wife got naturalized as well.. Both of them never filed for annulment of marriage in the Phil. Ex wife remarried again here in US.. US. Hubby and I got married here in US as well when I came here.. questions is, since my hubby is now a USC, same as his ex wife, will their divorce also be valid in the Phil? Can i report our marriage in Phil embassy and remarry in the pHil? hope anyone who experienced this can help me.. Thanks!

Here's something from the USCIS on the topic.

A n Affidavit of Support must be sufficient both at the time the adjustment of status application is filed and at the time the adjustment application is adjudicated.

USCIS has determined that an Affidavit of Support is generally sufficient at the time of the adjudication if it was sufficient at the time it was filed with the Form I-485

. That is, if the Form I-864 was sufficient when the sponsored immigrant filed the Form I-864 with the adjustment application, USCIS will generally infer from that finding that the alien is not inadmissible under section 212(a)(4) of the Act as of the date of adjudication. In particular, if the sponsor’s Federal income tax return shows an income that was at least 125% (or 100% as applicable) of the governing Poverty Guideline for the year the Form I-864 was filed with the sponsored immigrant’s adjustment application, USCIS will generally infer that the sponsor’s income has remained and will remain sufficient at the time of adjudication.

Therefore, if the Form I-864 was sufficient at the time it was filed with the Form I-485, USCIS should not request any further documentation (e.g., more recent evidence of employment or income) unless more than one year has elapsed since the Form I-864 was submitted and there is a specific reason (other than the passage of time) to question whether the evidence of income is no longer reliable.

Recent practice has been for the Form I-864 to be vetted at the National Benefits Center as part of the process of preparing the Form I-485 for adjudication. If the

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vetting process indicates that the Form I-864 was sufficient when reviewed, an adjudicator may generally rely on that determination, unless it is determined, on the basis of specific reasons, that a request for evidence is appropriate, as outlined in paragraph 20.5(e)(2).

All that indicates you may not be asked, but be prepared with 2012 and proof of your employment and income.

Thank you!! That's what I thought too. So you think we dont need a co sponsor? I personally doubt that we would still need one since Im now working and I think they would ask for the 2012 tax return just to make sure my husband ( the sponsor) is filing taxes. What do you think? Im still a little confused. Thanks for your help!

Take a letter from your current employer, stating annual salary, you are a valued employee etc. should work. Maybe a copy of your 2012 or transcript also.

So no need for a co sponsor? Thank you very much!

do you think we will still need a co sponsor though I have a job already? thanks

Hello guys. Im kind of confused here.. Please help!

my husband and I filed our AOS based on K1 visa on dec of 2012. During that time, the most recent tax year that we can provide is the ITR for 2011. His ITR for 2011 is above the poverty level.... Now since Our interview would be like in May or June, and the filing for 2012 taxes will be over that time, do you think the CO on the interview would also take note of my husband's (petitioner) 2012 ITR? our problem is his income fell down below the poverty line this 2012. SO if the CO would ask for the 2012 ITR, we'll be in trouble. But I started working now just this 2013 so I am hoping my income would help.

I previously thought its the 2011 ITR thats importatnt since it was the latest ITR on the time my husband signed the I 864 and sent the AOS packet.. But now, Im not so sure.. I hope you guys can help me. Ty

we files our AOS Dec of 2012. I now had my EAD and currently working.. Our AOS is still pending and we havent heard about ity yet (though Im done now with the biometrics).. And now that its April, my husband is going to pay taxes. My question is, should his income tax for 2012 be above the poverty line too? We used the 2011 income tax return for filing the AOS last year since we filed last year.. Any thoughts?>? THANKS!!!!!!!!!!!!

Ead and ap approved today!

Hey guys. we submitted my AOS on 1st week of dec 2012 and had my bio on 8th of january. I always check my case status on USCIS website but my I-485 is still on ACCEPTANCE STAGE as of today! Same with my ead and ap, they remained at initial review stage. (it has been like tat since i have received my case number) Do I have to be worried or something? Ive seen other Dec 2012 filers having their interview dates or having their case status at USCIS changed atleast. But mine has no changes at all.

Hi all,

Just received email and text this morning of my interview date, February 21st. We are nervous and happy at the same time. Hopefully all goes well, and we can get the GC by the end of Feb or early March.

Good Luck Everyone

Congrats and good luck on the interview. wish all of us will get through fast as you are.

Hi,

We filed our AOS on December 10th. We just checked our status today and we are in "Testing and Interview". Any advice as to what to bring or preparation for the interview?

Many Thanks to all and Good Luck.

Lucky you! grats!

My status hasnt changed yet. EAD still in intial review and AOS still on Acceptance stage. huhuhu. Done with my bio on 8th of this month. HUHUHUHU

It shouldnt effect your AOS at all. Your tax return looks the same whether you pay in full or make arrangements.

When you make arrangements with the IRS its a totally separate contract, they send you a form to sign where you agree to make a certain payment, and then each month you'll recieve a bill with a payment voucher you return with your payment.

Failing to file a tax return would cause you issues when you have to adjust status (either for your initial GC or to remove conditions or become a citizen, but being on a payment plan with the IRS is of no concern to USCIS.

Very informative. Thank you so much!

It shouldnt effect your AOS at all. Your tax return looks the same whether you pay in full or make arrangements.

When you make arrangements with the IRS its a totally separate contract, they send you a form to sign where you agree to make a certain payment, and then each month you'll recieve a bill with a payment voucher you return with your payment.

Failing to file a tax return would cause you issues when you have to adjust status (either for your initial GC or to remove conditions or become a citizen, but being on a payment plan with the IRS is of no concern to USCIS.

Very informative. Thank you so much!

*** Duplicate thread has been removed. ***

Thank you

oops sorry didnt noticed i made a double post. how can i delete this one?

HI all. My hubby is just wondering if he' going to file taxes for 2012 (on April of course) and pay it on installment, will it affect my AOS if it happens that we'll get interviewed by like April or May? Well i mean if we fortunately got interviewed earlier like March, USCIS wont look after our 2012 taxes coz we're not on a deadline for filing yet, ryt? So if hubby's going to pay his 2012 taxes on installment, will it cause our AOS some delays or something?

Pls help. Thanks

feeling depressed with my life.. i have a wonderful husband and loving family. but i need to help my hubby with the finances cause we're not doing good at that part lately. no ead yet. im a newly registered nurse but jobs for new nurses in los angeles area dont hire new nurses. this is terrible. i havent started applying for jobs yet coz im not sure if that's okay, yet seeing this awful situation of nurses in CA takes away that little hope i have with me. i need a job to help myself gain confidence and as we;ll as to earn money. I dont know what to do.

sending my hubby's packet tomorrow morning! just wanting to join in on the december discussion!!!

Hello! You beat me to it! I searched for one too and there isn't so thanks for getting this going.

We mailed our AOS and EAD packet last friday too, (dec 7) same as yours! I haven't applied for e notification so I don't know if we already have an NOA1 coming in the mail. Glad to hear from Dec filers! Hope everything will be quick! Im so bored being home alone most of the time! Good luck to us. i cant wait to be done with the USCIS. sigh.

God bless us all!

I migrated here in the US January 18 earlier this year. Got my RN license February after giving the California BRN my US SSN. Since then, I've been struggling to land a job. I have received calls & even had an actual interview twice (with the same facility) but yeah, no one called back. I'm getting really depressed & frustrated and doesn't know what else to do. So here I am, hoping someone with a kind heart, would help me & respond to my post.

Here are some of the reasons why I think I wasn't offered the jobs I've applied to. First, I am educated outside the US (Philippines to be exact). Whenever I encounter the question "Did you graduate from an accredited nursing school?" whenever applying for a RN job, honestly, I don't know the answer. I took the NCLEX-RN exam when I was still in the Philippines (March 2010), a month before the California BRN implemented a law not to accept NCLEX applicants without US SSN. I'm still lucky I guess. Second, they, (the employers,) do not acknowledge my outside the US nursing experience. They are always looking for US paid nursing experience (in my understanding, even volunteer work here in the US isn't counted, am I right?). Third, I am a green card holder. Some of the jobs requires US citizenship. And fourth, someone said I am "too young" for the job. I mean, seriously? I am now 23 years old. Maybe I do not look that old but I am definitely not that young. Sigh!

I even applied for non-RN but healthcare related jobs. CNAs, LVNs, medical assistants, activities assistants, medical clerks, etc you name it. I was still hoping for a job close to my field so as not to forget what I've studied. I am not aspiring for a hospital job coz I know it is really impossible for me now. So I applied in different skilled nursing & long term care facilities, clinics. I went to every healthcare institution near to the place where I live and submitted applications, even they aren't looking/hiring.

Whenever applying for any job, I'm always using my RN resume. I know I'll be considered over qualified to work as a CNA or a LVN with my RN license, but that's the truth. Someone even advised me to lie. Just make another resume stating that I'm a highschool graduate (for clerical positions) so that I can get the job. I mean, can I do that? yes, I am desperate to have a job, but to lie in order to get one? I don't really know. I am confused.

Anyways, I was just wondering, can a licensed RN take the NA certification/exam? I am willing to take it but not sure if I can be allowed to do so. CNA jobs are a lot more available than RN jobs. I've been unemployed for 10months now. Please help me!

you might ant to check this out. :)http://seeker.healthcallings.com/jobsearch/servlet/JobSearch?op=101&dockey=xml/1/6/160dcd74862222f5412099dc4b8647df@endecaindex&c=1&source=21&CMPID=AG_SH_PD_JS_AV_OG__&utm_source=SimplyHired&utm_medium=Aggregator&utm_content=&utm_campaign=Advocacy_Ongoing&DFA=1&cmpid=AG:4

HI all. Hubby is self employed. had his recent 1040 amended few months before my interview for K1 visa so it would actually be above the poverty line.. SO we basically have 2 1040's. The original one and the amended one. Im just wondering if I should submit both together with the I 864 for my AOS. THe un-amended 1040 total income btw is above 19k (line 22) and the amended 1040 has 22k total income (line 22).. He just got those amended because he thought the USCIS might be lookin at the line 37 and not at line 22 at 1040.

Any ideas? pls help. thanks!

His CURRENT income is actually higher that 125% poverty guidelines.. Only that past 2nd and 3rd yrs were low. So should I not worry anymore?

Hi,my hubby is self employed. 1040 line 22 and 37 are above the income requirement. But for years 2010 and 2009, his tax returns show that his income is way too low because of deductions.. On form I 864, item #25, I have to put on his income for the past 3 years. SO I worry that two of them (except the recent one) are below the income requirement.. (it actually is way too low! Should this be a basis for RFE? Too bad a co sponsor is not an option for us..

You dont really have to worry too much as long as you have all the necessary documents with you and you know your fiance very well then everything will be fine. You can do it just like anybody else! Pray and have faith! Good luck!

Hi all. I'm a li'l confused with the I 864 and supporting documents. It says on the instruction that WE SHOULD SUBMIT THE MOST RECENT INCOME TAX RETURN.. And IF we believe additional returns may help establish the sponsor's ability to maintain sufficient income, we may submit transcripts or photocopies of ITR's for the three most recent years.. In our case, only hubby's most recent tax return is above the poverty guideline. All his other ITR's income were below the guidelines. He's on 1099. So we'd definitely submit only the recent one.. However, there is a part on the I-864 that asks for the 2nd and 3rd most recent total income.. Can we just leave those areas blank? Im totally confused here. Please help. Thanks!

P.S.

Having a co- sponsor is not an option for us.

I wasnt able to check VJ yesterday.. I was out of the house almost the whole day yesterday... hubby helped me out with the papers for my nursing license and we did a li'l shopping, maybe he felt Im lonely deep inside.. I know he's been trying hard to make me happy. I realized I married a wonderful guy.. And should be thankful for that.. Also, being away with my family is just temporary. I know in time I can get my mom and my sister can always try to get a tourist visa. Or I can visit them. I always talk to them everyday. I have unlimited international texts and they have unlimited calls to US. We also see each other on webcam.. But as we all know, it helps seeing and talking to them but being with them for real is still different. What really upsets me most is I know my mom misses me terribly coz Im her youngest daughter and I used to sleep in her room coz Im scared of sleeping alone since I was a kid.. So when I talk to her on the phone she will tell me that she misses her baby and she feels sad that I dont sleep beside her anymore.. ANd its sooooo sadddddd... I know Its funny for some people and it seems that Im such a baby but my mom and I are really close thats why.. But what can I do. I guess we really cant have everything we want in life. I should be thankful for all the blessings I had and yeah I guess should stop feeling sorry about myself coz I'm indeed blessed... Im just trying to think positively that my mom and sis can join us here too someday..

I am so overwhelmed with all the response that I read in this thread. It made me feel that Im not really alone.. I am crying while reading your posts guys, but these are tears of joy.. Thank you so much.. I am deeply moved with your heartwarming messages. And your suggestions and opinions are all good I know it'll help me a lot.. i really wish I could get through this soon.. It will take time but I know Im strong I can do it and you guys are right, this is just a phase.. I'll get the hang of things in time.

Also thank you for those who greeted me on my birthday.. I am really happy I joined this site. all your resposes made me feel better.. May God bless you all. Thank you!!! (L) (L)

BTW really don't understand why does it take such long time for you to get your marriage license. When I and my husband applied for marriage license, I remember it only took a few hours including waiting in the line. Well maybe different locations have different regulations. Hope you and your husband can have your marriage license sooner than what they told you.

Its not the marriage licensewe are waiting for now, its the marriage certificate. we're already married. I want to file for AOS and EAD soon. but i need a certified copy of marriage cert to do that.

Thank you guys for the replies.. It counts a lot...