liborutgers12

Hi everyone,

I have a question to ask.

I have an application F2A with PD Oct. 7, 14 through the adjustment of status process (filing 485) (not the consular process as most of friends here).

Since the prior date is soon to be current, lots of consular process applications has received the interview dates.

When should I expect to receive interview date? Should I follow the USCIS local office 485 processing time.

I found my local office only processed up to Mar. 2015 (it remains for this a long time).

While my 485 received on Oct. 2015. Does this mean I have to wait another hard-to-say-how-damn-long period?

Thanks!

Hi all,

I got my I-797, approval notice for I-130 on 09/28. My wife petitioned me for F2A. I'm in USA holding F-1 visa therefore I filed I-130 for Adjustment of status. However, on the approval notice written like this:

"

The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of Status. The information submitted with the petition shows that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time.

Additional information about elegibility for adjustment of status may be obtained from the local USCIS office serving the area where the person for whom you are petitioning lives.

Until the person for whom you are petitioning files an adjustment of status application, or applies for an immigrant visa, this approval petition will be stored in this office. If the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this notice with Form I-485, Application for Permanent Residence. Form I-485, Application for Permanent Residence. Form I-485 may be obtained at the local USCIS office

Etc...

"

The sentence in bold make me really confused. Am I not eligible filing AOS because of the priority date not current? (My PD is 10/07/14, which is not current in Sep) If this is the case, then the new filing date for Oct is 03/15, which makes me eligible to file AOS.

Or I can only go through the consular process? But in the letter, it seems that my application is stored at USCIS office.

Is this a normal approval notice for AoS based F2A when the filing date is earlier than the PD?

Thanks,

Paul

In my case when my parents were filing I864 for my GC they reported 0 income and supplemented the I864 with jointsponsor of my cousin.

My cousin never counted my parents in the family even though the address they lived was the same.

Bottomline..as long as there is significant income to go above poverty line, they will accept I864.

So your wife files I864 to sponsor you with 0 income and your inlaws file I864 as jointsponsor to support you.

This completely eliminates my concerns!!! Thank you!!

Hi,

MIL files an I-864 as the Sponsor/Petitioner. She list her income as zero and includes a letter stating that she is not required to file because she had no income.

You file an I-864. Your household count is 6 - you, husband, MIL, 2 kids, and the intending immigrant. Husband files an I-864a as your household member. Each of you will report only your income on your separate AOS.

Best of luck.

Could it be like this?:

MIL files I-864 as the sponsor, no income, the household size is 6; nm123 files an I-864a as MIL's household member; if the income is still no sufficient, Husband files another I-864a.

He can apply AOS per october visa bulletin since his priority date is earlier than the AOS filing cut off date (March 2015).

@Paul,

You can include your income only if you can get a letter from your current source of income that you will remain employed that way after you get your green card. If it seems unlikely, then your income will not be counted as a means of support.

Since your LPR wife is not working, the best option is to use your in laws as joint sponsor. She has to fill the form as a sponsor even if she has no income and her parents have to file the form as a joint sponsor.

Thank you arken. I'll use my in-laws as joint sponsor to support me.

I meant does your father/motherinlaw still support your wife's education or anyother means ?

You should definitely file married filing joint return this year as you are elligible to do so. Tax laws allow your wife to file married jointly this will save lot of taxes irrespective of your immigrant status. Please take advise of a CPA on that part.

-- Yes. Her parents support her the education tuition. There's no other means of support. We live on ourselves.

For I864 you should be also filing i864a if you are using $25k offer letter if you are not, then use your inlaws as joint sponsor as simple as that.

-- Just to make sure: we could use my inlaws as joint sponsor no matter my wife is a dependent of her parents or not, right?

They can put your wife as their dependent if living in the same household with them and in the past they had claimed your wife as dependant child living with them.

-- Following this definition, my wife is not her parents' dependent anymore. Because she doesn't live together with her parents anymore.

Thank you so much!!

Is your wife dependant on your inlaws ?

I'm not clear how can one be viewed as dependent or not.

She has filed tax return for previous years as a household dependent, and she lived together with parents before the wedding(8/2014). Since then, she moved out with me, and in my health insurance I list her as my dependent. No joint file tax return yet (because of my non immigrant status). Is she dependent of his father or mine or both?

Thanks,

Paul

1) If after adding your $25k offer of employment and the bank balances of yourself and wife in the US are above the poverty line you should be fine and you have to just do I864A along with wife.

2) I recommend to use your inlaws income if they are willing to sponsor (whether or not living in same address as your wife) then they just have to submit I864 as a Joint sponsor.

Law says, irrespective whose income you are using to support the I864, he or she will be responsible for you till you become US citizen and pay back the US govt if you depend on federal benefits before you become US citizen. (In this case your inlaws and your wife will be responsible to payback. Your wife indirectly is responsible to her parents)

Thank you Anand. The USCIS page is very misleading at least to me and my wife on this point.

Hi everyone,

I have a confusion about the affidavit of support for my case.

I'm currently a F-1 student in US and petitioned by my LPR wife, who is a student and unemployed.

We currently live together and are preparing for the I-485 adjustment of status package. For the affidavit of support part, we're confused.

The case is: LPR wife petitioned me(F-1 student). LPR wife is a student and unemployed and has no assets. LPR wife's parents are employed. LPR wife file federal tax return as a dependent of her parents for previous years. But now she moved out with me.

Since my wife is the petitioner, she has to be my sponsor and file Form I-864. She is still student and unemployed. I've been working as a research assistance on campus since 2012 fall. And my current offer letter is for 9/2015-6/2016 with total salary around $25,000. The questions are:

1) Could my income counted towards the household income requirements? Since I may graduate next year, the contract may not continue after 6/2016. Also, the offer depends on the funding, it's impossible to ask the university or the lab for any guarantee on the next year's availability.

2) If yes, how should we file? Do I need file I-864A?

3) If my income cannot be counted, does this mean that my adjustment of status fails the affidavit of support? It's said on USCIS affidavit of support page (http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support) that the sponsor has to satisfy the income requirement (she has no income and mine cannot be counted) or sufficient assets five time of the 125% of the poverty level (we do not have that much assets).

4) My wife's father and mother are employed in US and could be a joint sponsor. However, from the description on the USCIS page above, it seems to me that additional joint sponsor could not relax the financial requirements on the sponsor. I'm confused that if the petitioning sponsor has to satisfy the income requirements, why would it bother for a joint sponsor? Did I miss something?

Income Requirements

You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size.

5) Could we proceed as follows: my wife file I-864 as sponsor with household size 2 (she and me) AND her father file I-864 as joint sponsor with household size 4 (father, mother, she and me) ? My concern with the above is that could we be counted as a household with her parents? I filed my federal tax returns independently for previous years. (We just married last August. She moved out with me after the wedding.)

Sorry for the lengthy statement. Hope it is clear enough. Any help or advice is highly appreciated!

Thank you!

Paul

Current offer letter if it meets I864P poverty guidelines you should be fine. Read the instructions on I864 it states that the petitioner needs to fill that up.

Further the applicant has a option to add their income too along with the intended offer letter.

we have to wait for I130 approval though don't we ? If you are visitng USCIS for filing I485 without the approval let me know what they say.

Thanks

Anand

We could start preparing the documentations. I think I-130 will soon be approved, maybe before we finish our preparation.

If you can't prove your income will continue without any break (f1 is not forever) you can't use your income for I-864.

I'm not sure about the filing AOS while I-130 is pending (I know you can do that when the category is current; but I'm not sure about when the category is not current but your priority date is before the filing date). But anyway, your question about Affidavit of Support is unrelated to this.

Your wife, as the petitioner, must fill out an I-864. You will be in your wife's household, and your income can be counted in your wife's household's income. Usually a household member needs to fill out I-864A, but as the sponsored immigrant, you do not need to fill out I-864A. Your income needs to be legal and can continue after you immigrate for it to be counted; you should meet that because you are working legally and you would still qualify to work in the same place if you become a permanent resident.

Agreed. Even if you are allowed to file i485 based on new filing cut off dates, you can use your source of income for Affidavit of Support only if you can obtain a letter from your university (employer) that you are currently employed with a given income and you will remain employed with them after you get your Green card.

NancyNguyen, newacct, arken, thank you!

I will wait for the 130 approval.

Currently, I have the offer letter for Sep. 15 to June 2016 clearly states the annual salary. The offer contract is renewed yearly. I couldn't get the guarantee from the university for next year's support. Therefore, this means that we need to find a joint sponsor, right?

Thank you again.

Hi everyone,

Since the coming visa bulletin implements a "acceptance" cut-off date, I could start filing AoS although my I-130 is still pending.

My wife petitioned me and my PD is 10/07/14. Currently, I'm at USA holding a nonimmigration F-1 student visa. I have a on-campus research assistantship which earns me about $25000 a year (It's a sufficient amount to file affidavit of support for a household of 2). My wife is not working now. I'd like to know can I file I-864 myself and act as a sponsor myself? Any suggestion is highly appreciated.

Is there someone else who is able and planning to submit the AoS package due to the new "acceptance" cut-off date? Maybe we could use this thread to share information and prepare for the submission.

Thanks,

Paul

somewhere I read on the I485 that you need to be approved of I130 petition before filing I485 as they need to see the approval letter first

Yes. It is written in the i485 instruction 10. Evidence of eligibility A on page 4.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

With respect to I485 (ie AOS), the entire purpose of EAD and AP is to get those first because your I485 approval might take more time. Until your I485 is approved you can use EAD and AP. This has been the regular process for any I485 irrespective of Employment based or family based.

PD for cases whose GC can be approve is April 2014. Applications that can file for I485 is March 2015. Thats got damn one year! If a person with PD before March 2015 and after April 2014 files for I485 they should atleast get the EAD card in 3 -4 months and start working than waiting another 1yr or less to file for I485 with the old process (that depends on VB based on old process as of 1 week back).

Typical/General timeline for to get EAD and AP ( and its heavily dependant on processing center/workload):

1) Say you apply for I485 today

2) about a month later you will called for finger printing

3) a month or two later you should get EAD/AP (this is based on processing time).

Thank you very much, vkrishn! It's clear to me now!

Hi Aron,

Our I130 was transferred from Vermont to California. I only have the approval No1 which says PD is 30th Dec 2014.

Should I wait for approval NOa2 before filing i485 ? Anyhow I am planning to schedule a visit to USCIS as a walkin to address this question.

Thanks

Anand

Please keep me updated on this. Thanks!

Librorutgers12, Keep me posted about your case. We are in same boat. My case was transferred to CSC on 8/26/2015. I got hard copy of case transfer to CSC on 4th Sep. Waiting for 130 NOA2 now so that my wife can apply for adjustment of status and get a job here in US.

Sure. I'm glad that I could discuss with someone along this journey.

Please read the link that Hypnos provided.

Your assumption about "the EAD and AP would not get permitted near or after the PD is current" is incorrect.

The link provided by Hypnos is NOT official. Could you provide any official statement that support your certain claim?

For the AoS guys, the change doesn't say when the 485, EAD and AP applications will be adjudicated.

It's possible that the EAD and AP would not get permitted near or after the PD is current. Am I wrong about this point?

If the above is correct, the only benefit is the saving of filing and reviewing time, because now filing AoS is moved before PD is current.

I guess the main purpose of the change is to help them to estimate the visa demand more accurately. They won't discriminate applications via consular process and AoS process.

congratulations!!!!!

My i-130 was just approved! Yay. I was going to send it in either way, but now I can update my i-485.

Hi,

I saw your application process. Firstly, congratulations!

Could I ask you one thing? Does your AOS package contain I-864, Affidavit of Support?

Thanks!

I received both last night plus checked it again and again to make sure lol. It was around 10.15 pm eastern. I first received the email from USCIS stating that there was an update to the case. I went in and checked and saw that it was approved. Then about 20 minutes later, I got the text saying the same. I think I barely shared the news with my wife and then jumped on to the forums to share it with everyone here.

I am really hoping to hear great news for everyone. Trust me. If it's one thing I know, it's the anguish and pain of waiting right before. It really hit me when I least expected it. I thought for sure it would have taken at least a good 2-3 weeks. I almost wanted to call and create a service request for outside processing time but after reading in the forums i decided not to and for good reason. Hang in there everyone. we will get through this together.

Is your case automatically transferred to CSC or you make a request?