Kaygrace

Looking at your post I would strongly recommend you appoint a component lawyer.

I'm not sure why you'd say that... but I'm going to contact someone about it just to be on the safe side. I think I was just having a panic attack last night over it. I'm hoping it doesn't change anything. I'm sure other people must have applied for the wrong things before by mistake. :/

Your I-539 will have no bearing on any AoS application you file. Since it was never accepted for processing by USCIS (because of the deficient payment) then it doesn't really exist in USCIS' eyes. Even if it did, it would likely make no difference anyway.

Thank you so much for your reply. That's what I was hoping since nothing further came of it. I'm just going to go ahead and apply for the AOS like planned, cause my guess is he wasn't eligible and it wasn't processed.

I'm USC, Here is the situation, my (now) husband who was from Canadian came to visit me in 2010 for the first time after we met online. When he came our feelings got stronger and he ended up not going back like he had planned too ( I didn't know anything really about overstaying etc. at that time). In 2011 I started doing some research and read that he could stay in the US for 6 months at time so I got really worried I didn't know what to do and I didn't know what documents to fill out and we weren't married yet, ( I was only 17 yrs I knew nothing about immigration whatsoever) I filled the I-539 in 2011, because I thought that would allow him to stay in the US ( I had no idea about it or what was required to stay in the US, I just knew there must have been a way to stay longer and was panicking at the time it had said extended time and my naive 17yrs self thought it was that simple to stay in the US.....)

Well it wasn't processed completely because I never attached the proper fees or documentation, now fast-forward a year later (2012 I was still in high school) we were in love I wanted him to stay with me I couldn't bare to be apart, so we ended up getting married out of the blue, that's when I found out about the AOS we could apply for and forgiving overstays etc. Now we're finally in a position to apply for it ( I know I haven't life has been so chaotic, ill mother, bad financial situations, moving a lot, graduation etc,) and I had completely forgot about ever applying previously for I-539, and I just want to make sure that won't affect our AOS, We're very much in love and have a true relationship for years, I love him to death he has been through every family crisis with me and he is my world and all of my family whom I'm close to lives here in the US. I'm scared to death making that stupid and irrational mistake may prevent us from finally having peace of mind, I'm crying even typing this message because applying for the AOS alone is so scary to me ( I have bad anxiety on top of everything). As far as I know no further action was taken we didn't provide all the information ( since I had no idea what I was doing) and they didn't send anymore paperwork aside from I-767C action of notice saying to re-send with proper fees etc, and we never did because I assumed it was incorrect and didn't know what to do. I know being naive shouldn't justified making mistakes, but it did and I made them...we got married a year later and he was able to get a temporary Florida ID. So I am just praying everything is fine and we're good to send off our AOS?? (We've been married three years now)

Please I hope you can give me good news, and thank everyone so much for all the info. I would have never known about ANYTHING without this site.

So I should wait until he has the job and the first pay stub from it?

He would only receive unemployment for one month ( only applying for the month of November cause he will only be receiving one paycheck this month)

He will have a job that will make over 125% in the next few weeks, luckily he has multiple offers.

What I am confused about is once he gets the job, he will only have the first pay stub and his pay stubs from the previous job when we go to send i-864. Will that be sufficient income proof?

and will getting unemployment for the one month cause any further issues? He won't be on unemployment at the time I go to send the i-864. He will have had unemployment the one month.

(I don't think the employer can write him a letter stating his salary since he is mostly commission based, he can write one saying he's employed )

We have no one else who could co-sponsor but that shouldn't be needed if his new job makes above the 125% right? :/

thanks for your reply!

Hello, I had recently had most of the information together for our sponsor ( my father) who made well above the 125% poverty line at his job for over the past two years.

Today he was fired, he has a few other jobs lined up that look promising but they might take a week or so to start working again and two weeks to receive the first paycheck, but the salary will be sufficient.

My question is he would like to file for unemployment the month of November so that he does not get behind on bills etc ( just moved a lot of extra expenses).

Will this look bad when we turn in the i-864? Also since he lost his job and I have his previous pay stubs what do I file with the i-864?

Do I wait until he has been at the new job for at least a month and send in previous pay stubs, new jobs pay stubs and his unemployment for November? So it shows six months of income?

Since I obviously don't want to wait for six months of new pay stubs to file :/ ?

Last question, how to count dependents? Do you count the person making the income as well?

So, Myself, My husband and my father would be three?

Or just two myself and my husband under my father's income?

Any input is greatly appreciated!

thank you!

Thanks guys, I guess I really should have done my research more on that. I wasn't thinking hurried and completed and wasted time and money. I'd rather redo it then risk an RFE. I am this time going to make sure I have all my paperwork close to complete before going to get his done.

On this topic ***I have a question on this as well, My husband ( Canadian Citizen) Did his civil surgeon exam last year. It has taken us longer than expected to start filling ( many family issues etc) any way, I was wondering is it still okay to send in since it'll be right around a year old? Does he need to get another one? or can we send in that one? Everything came back good on it no diseases and whatnot. It costs us $300 for it last year...

We're also moving in less than two months should I send off his paperwork or wait until we move? All of our evidence is linked to this apartment so is it best to send if off now?

Thank you!

It is not a problem. Your dad's current residence is where he sleeps at night.

Thank you! So just to make sure since my dad is living in our apartment but not on the lease would he file the I-864 or the I-1864a as a household member?

Hello I have been lurking around to try and find answers to my questions but sadly I have a few more to throw at you guys.

The sponsor for my husband is my father, he has two residences currently (kinda)

One with his actual home he owns and the other he is living with my husband and I at our apartment for work but is not on the lease.

(He is renting out his home)

but his license still says his previous address since he is not on our lease.

When I file for AOS should I list that he lives at our address ( My husband and I) or should I list that my father lives at his home address which is a few hours away?

Will this cause a problem when I file? The fact that he is living at my apartment but not on the lease? :/

( I don't know if this matters to them or not when it comes to the sponsor?)

( there is no way to put him on the lease we're planning on moving to another place when the lease is up here in five months.

Which will be during our AOS process I saw that I needed to file an AR-11 within ten days after the move correct? )

( we will only be moving within 15 miles of our current address so I'm hoping it doesn't cause many problems)

I do not want to post-pone the paperwork filing any longer seeing as my husband cannot work until we do and I am in school.

I have everything in both our names at this address, licenses,lease,bills etc. So all the proof I have is here at our current address.

Will that change if I move?

Do I have to send in new proof of everything in our new address after the move?

Thank you in advance!

Even when spouses reside together and file taxes jointly, the other spouse is not required to file an I-864A. If the one joint sponsor meets the 125% requirement for their household size plus the intending immigrant, then that is all that is needed(plus an I-864 from the primary petitioner/sponsor of course). They fill out an I-864, provide their joint return transcript and a copy of their W-2 to show their separate individual income. You and your father should read through the I-864 instructions for all the details of what is required. http://www.uscis.gov/files/form/i-864instr.pdf

Since Canadians do not receive an I-94 when visiting, put 'None - Canadian Visitor'

I've been reading the I-130 currently.

I didn't know if I should add my mom because my dad hasn't been employed that long.

on the 1-94 section of the I-130 it only has where to put his 1-94 number & expiration of it and the date he entered.

Do I not fill any of that out? or just the date he entered and that he entered as a visitor?

The only place I see is " He/she arrived for student,visitor etc?

She does not have to fill out the I-864A. As a matter of fact, she does not reside with him and so she cannot. The I-864A is for a qualifying household member that shares the same residence. Since she is still his spouse, he will need to claim her in his household count on his I-864 though. If they filed taxes jointly, he can just provide his most recent transcript and a copy of his W-2 to show his individual income. His current individual income is what he will qualify with to be the joint sponsor. He will also supply a letter from his employer and most recent pay stub(s). Plus proof of being a US citizen or permanent resident.

Thank you, I will have to let him know about the letter from the employer I didn't know that was needed.

He temporarily resides with since his separation but his address is still listed with hers.

Also, Do you know, since he does not have an 1-94 do I leave that blank on the I-130? Do I include the date he crossed the border?

I'm trying to find that information, starting to read instructions and basically do my rough draft of some of the forums.

Thank you:)

Okay, are your father and mother divorced? Did they file joint tax returns last year? I am saying if they filed joint tax returns USCIS is going to want an acknowledgement that your mother knows he is being the sponsor, because her income is on that tax return too. That acknowledgement is the I-864A. It's not a sponsor contract, it's a household contract between your mother and father.

The best thing for you to do is start studying, by reading the I-864 instructions. It's all laid out there.

No they are not legally divorced.

That is fine, I will have her fill out the I-864A is only difficult because she lives 4hrs away.

and I will definitely be reading more of the instructions I've been reading others post every night for some insight.

Thank you for your help~

The most straightforward thing is that you fill out 1-864 (you must).

Father files I-864. Mother files I-864A as a household member. Then her income is used and the joint taxes all work out. You are a dependent of their family because you are on their tax return as a dependent. Don't forget to include the proof of their citizenship with the package. They will need to qualify for their household, them, plus you, plus any siblings or other dependents, and your husband.

Thank you Harpa:)

With their current joint or separate income that isn't a problem.

But do I have to have my mother as a Co-sponsor? even though my father currently makes enough by himself?

To get this correct her SSI Disability will Not weaken their financial support to the USCIS?

That is my main concern for adding her as a co-sponsor.

~~~

Oh! are you saying because my parents are still married she just needs to be listed on his as a household member in order to use the joint tax returns?

I don't know if this makes a difference for household members but I am not living with her anymore neither is my father.

Also when listing dependents of my father, am I a dependent to my father? and is my mother a dependent to my father?

( My mother has the separate disability income and I was 17 during the last tax return they claimed me on)

if not,

would it just be (2) dependents, Husband & including my father, or (1)Husband - not including my father ( since he is the sponsor?)

Now if I hand in the tax returns that are jointly filed between my parents do I need to put my mother as a Co-sponsor as well?

or like others have said it might weaken my case because she is on SSI Disability?

If I do not include her as a sponsor can I still send in the jointly filed tax returns for my father?

Thanks you guys, this is really a lot of help.

Sorry for having new questions each post~

They may want to look at it at your interview anyway. I know at ours, they specifically wanted to see IDs with the same address (including my address-update card). That said, even if they do, you can always explain why you couldn't update it if it came to that but I would try to do so and include it if possible.

Also, if your dad has been at his job since January that's almost a year. I don't think that should be an issue in terms of co-sponsoring.

I will definitely try to get it updated beforehand.

Well he's been working since January but switched jobs in June, he made quite a bit less at the other Job before June. Almost a $2,000 difference each month.

Yes, I would, it is one more piece of evidence that you are cohabitating.

Okay thank you!

Your AOS case won't hinge on the temp card, if they don't renew it - but you can always just not change the address and not include it as a piece of evidence (for ID with USCIS he needs to use his Canadian passport, anyway). However, I don't know if Florida has a state law that the address has to be updated? I know for drivers' licenses you have to change your address within a certain amount of time.

I'm not sure about the regular ID's I think it is just the driver's license that has to be changed in a certain period of time ( ten days I think which is crazy..)

If I do get it updated but still expires in a few months after I send off the AOS should I include it in the evidence for the AOS?

It says temporary on the card. I'll call the dmv Monday and see if they can change it or switch it to permanent. I think they would have done that in the beginning I have no idea why it is temporary, I guess because he doesn't have a green card? We went through the Non-us citizen way, which odd that they accepted him because I believe by then he was out of status.. o_O

They didn't process it at the DMV it had to be sent to Tallahassee and it was received in the mail.

We just recently moved to a new address last month, we were living at my parents address before then which is why we got his ID at that address, My ID is still at that address as well, I need to change mine too I assume before AOS?

Thanks again:)

I looked on the Florida DMV site and it seems like a fairly simple to send in to get a new one, maybe I should try that and see if they update his address on the ID, but it does expire in January so if I am unable to get it updated after that I wonder if it was cause problems for the case?

**tried to edit and accidentally posted lol ***

Check on it being temporary, not sure why that is - a quick look at the FL DMV site says that the ID should be valid for 8 years. Did he just get it, so you just haven't received the "permanent" card in the mail yet? Anyway, yes, use the address you are living at, or it will look funny - why is he on a lease for an address that doesn't match his current address? And then having the ID card having the new address is one more piece of proof of a bonafide relationship.

It says temporary on the card. I'll call the dmv Monday and see if they can change it or switch it to permanent. I think they would have done that in the beginning I have no idea why it is temporary, I guess because he doesn't have a green card?

They didn't process it at the DMV it had to be sent to Tallahassee and it was received in the mail.

We just recently moved to a new address last month, we were living at my parents address before then which is why we got his ID at that address, My ID is still at that address as well, I need to change mine too I assume before AOS?

Thanks again:)

I looked on the Florida DMV site and it seems like a fairly simple to send in to get a new one, maybe I should try that and see if they update his address on the ID, but it does expire in January so if I am unable to get it updated after that I wonder if it was cause problems for the case?

Yes he is in a special class as a Canadian visitor. He doesn't have a I-94 but he entered under the terms of a B2 visa. It's a special agreement with Canada.

To your questions:

Yes, you are on the right path. ValerieA linked the guide.

2. No, why would an ID hurt him?

3. No, why?

4. Yes.

5. Your mother will fill out I-864A and use her income. Is she not agreeing to help? Do not black out the taxes, very bad idea.

6. You can add him to the lease.

7. He can do whatever he wants with his name, but I do think it will require a court order, so that means a delay. Personally I would have him keep his name and then work on getting the court order and when you file for Removal of Conditions two years away, I would send in the paperwork with the new name and proof of name change. Or, you could wait for 3 years (or so) until citizenship, where you can change the name for free. What your name is does not make your case strong or weak - it's irrelevant.

Thank you, for your patience with me I really appreciate all the help you've given.

I don't know I was just thinking irrationally he did not claim to be a US citizen to get the ID but it does say he resides in Florida.

I wasn't going to use her since she receives SSI Disability as her sole income now. Should I use hers as well?

My dad makes above the 125% now but he's only been back in work since January. Do I need both him and my mother?

I'll leave the name as is.

One last question in case you know. We recently moved to a new address the one where I am adding him onto the my lease. His Florida ID says my parents address that he and I were staying at. Which address should I put? Do I need to change his Florida ID to our new lease address? (I'm not sure they can even change it, since it is temporary?)

Oh! and on the I-94 just list he doesn't have one?

Canadians crossing the border have a special status, which is exactly like having a B-2 visa. As such, they can appeal a USCIS decision. You are on the right track, it's a nerve-wracking process, but it is relatively quick - 3-5 months, usually - and after it is all done, we all wondered why we had been so stressed.

I see no reason why a temporary ID will hurt him. It's not like he claimed to be a US citizen to get it.

Do not wait to apply for AOS, your SSI will not impact it one way or the other. I'm going to defer all the joint sponsor questions to others, though, since I didn't use one and am not up on all the ins and outs.

DEFINITELY add your spouse to your lease, that is good proof of a bonafide relationship. Anything you can add him to (insurance, bank accounts, utilities) will help your case.

I wouldn't change his last name at this time, I think that adds an unnecessary wrinkle that could only cause problems. It's normal nowadays for couples to not have the same last name.

Thank you as well for your help just that same question in case you know as well.

**

"One last question in case you know. We recently moved to a new address the one where I am adding him onto the lease. His Florida ID says my parents address that he and I were staying at. Which address should I put? Do I need to change his Florida ID? I'm not sure they can even change it, since it is temporary. "**

Kay: stop. There is a lot of misinformation in this thread. Your husband is NOT on the VWP and there is no 90 day anything.

Okay, thank you. From reading I thought Canadians were on the VWP because he did not receive an I-94?

You're saying they're just automatically given the ( B2?) visitor visa? (Sorry still learning all the names of them)

So if he is denied does he still not to get to appeal?

**Restating my questions so they don't go off topic**

My main questions now are am I on the right path of accomplishing the AOS?

Is the Temporary Florida ID they gave him going to hurt him?

Should I wait for the SSI I receive until graduation to end before applying for AOS?

Or just put down I make "0" income and to have my father fill out the I-864 along with mine?

Since my mother and father's tax are jointly done should I black out the parts that list my mother's disability or will they not take her into consideration because my father is the only one agreeing to be the sponsor?

Also, should I add my husband onto my lease if possible that's not going to cause unnecessary risks?

(I'm afraid to have him do anything these days after learning this information)

The best choice is NOT to change his last name correct? That will not weaken our if we keep two separate names?

Thank you all for replying to my post~

note the word "generally", it does not say impossible, but I think the AOS process has to start before the 90 days of admittance pass. Again, should consult an attorney, most won't charge for the first consultation; and I agree with you,Tanja08, 6 years is not that big of a gap, I am 13 years older than my wife and, I did not have any problems on that respect.

What 90days? I am extremely worried now :/

I thought as long as you have the proof we're in a real marriage and he will not be a financial burden on the U.S that should be sufficient?

Aside from all the paperwork and money etc.

Obviously I have to get this right the first time if the VWP doesn't allow appeals.

I was feeling confident I could get this done..

I talked to an attorney before he was going to become an "overstay" and they attorney said to go to the Bahamas and recheck him back in, I was worried they'd not let him re-enter so I choose against it. I haven't had much luck with an attorney..

Hey,

i have one question, if you don't mind how did you get your husband a Florida ID while being here as an overstay? Didn't you have to give them proof, that he lives here?

Hello, yes well they gave him a temporary ID.

That only lasts a year, I told them he had no social number that he was Canadian and the lady gave him one as a temporary resident.

It had to be sent to Tallahassee first but it was approved.

Hello there:

I think getting money due to you being 18 before you graduate high school based on your mom's disability really shows USCIS that you have "nothing" and that would be a big redflag for you and your husband AOS procedure. And while your dad only started working in January, if he is getting above that 125% poverty line that is great. And that would help big times! The fact that unemployed before may weaken the situation but I really don't see how other source you could get a joint sponsor. Since I don't know your family, I'm just throwing this out here, but maybe your mom's or dad's siblings could help in? In case you go with your dad, yes definitely send the tax return of his, even if it was a "joint tax return" and even though currently your mom and dad lives separately. That is for sure! And if it possible, his pay stubs would be good to copy and send in along as well. I hope this helps. Have you seen the I-853 form and the instruction with it? It will be more clear once you take a look at both the form and the instruction. It is found on USCIS website. (www.uscis.gov and go to the "forms" section and scroll down to find it). All the best, okay?

Thank you, yes I receive because I was a dependent child of hers. Should I not list it at all? like I said it will end in May. "be a big redflag for you and your husband AOS procedure" Are you saying I should wait to file until the benefits run out in May? :/ If that is going to jeopardize our AOS I will. Although it would be nice for us to start living more independently and getting the process moving..

I really don't know anyone else who could help us with this since my mother is on disability. I thought that counted like a regular income because it was awarded not given based on no income like say welfare? As for dependents of my father would I list myself and my mother as well? even though my mother has her own income? Or just list my husband? ( and yes he's above the 125% poverty line)

I've briefly looked over the form but not the instructions all get to that as well.

Again thanks for all your help ~