AAA0914

2 hours ago, AAA0914 said:

Hello! I came across your post and I am

wondering if by now you already have either your EAD or green card? If yes, when did

you have it? Did you also have the interview finally?

Thanks for your response. Did you do AOS based on K-1? 

When did you file your AOS?

On 9/21/2017 at 2:47 PM, snowcat said:

Yeah, haven't received either of the cards either. So frustrating. I've been wanting to work for months now, to help my husband out with bills! I can't even drive since I don't have a driver's license, which I can only get once I get an EAD... it really sucksssss 

On 9/21/2017 at 9:45 AM, minemar said:

I

In my case didn't take long. I had my biometrics on the 12th this month. The case updated on the 20th. That's 8 days

Hello! I am awaiting for the interview date too. May I know when you actually received a

letter in the mail stating your interview date after the status in the uscis site says that your case is ready for interview? Also, did you already have  your interview? Please let me know. Appreciate your response. 

On 7/26/2017 at 12:35 PM, snowcat said:

Nothing yet so far. I didn't even get this as an email; I had to go onto the USCIS website to check on the status of my case. So really, I haven't heard from the USCIS since getting the letter for my biometrics appointment ~2 months ago.

Hello! I came across your post and I am

wondering if by now you already have either your EAD or green card? If yes, when did

you have it? Did you also have the interview finally?

On 9/20/2017 at 7:05 PM, RJandHamid said:

I sent the package on September 8 and it was received September 12. Hope your NOA1 letter arrives soon!

Hello! I wonder if you already got niomwtrics appointment and if yes, when? I wanna know how long mine will take. I filed and uscis rwceive date for my aos concurrent filing is sept 19th and sept 25th. I alrwady have my noa1

4 minutes ago, strider4 said:

I got to know this a few weeks back that actually I can use it. My lawyer had told me at first that I cannot, if I want to keep my student status intact. I misunderstood it as I cannot use it  under any circumstances. I can use my travel permit but that would end my J-1 status and the university would consider me "PR-pending".

I was being asked to keep my J-1 intact incase the interview outcome not in our favor (but we have been married for 3+ so hopefully that would not be an issue) I'd have my J-1 status to fall back on. But if the interview outcome is negative while being "PR-pending" I'd be asked to leave the country immediately, regardless of my degree enrollment. But I can use my EAD as long as it's for my university employment. I cannot use it for an internship off-campus or they'll not let me enroll.

Hey! Thanks for your response. If I may ask, is your spouse an american citizen? 

And I see that your J-1 is for exchange student. My J-1 is for teacher-exchange. 

On 7/14/2017 at 2:09 PM, strider4 said:

Here's thee USCIS fee structure for forms:

https://www.uscis.gov/forms/our-fees

Please note they make changes from time to time.

It cost us $535 for the I-130 and $1225 (biometrics fee $85+ form fee $1140) for the I-485. We also retained a lawyer so that's separate expense. Yes, I applied for the EAD and AP; there's no fee for both of them as long as you file them together with your I-130 and I-485 packet.

 

You might want to consult a lawyer if your J-1 is running out, as in my case I had applied for a 2-year rule waiver and I'm not sure what's the case with J-1s who don't have the 2-year rule applicable upon them. People who come on visit visas and then due to change in circumstances, file for a green card, are able to stay while their application is pending decision. I was told I cannot stay in the country like such nonimmigrant visa holders and therefore my application must be adjudicated before I run out of J-1 status.

Secondly, I cannot use my EAD and AP as that would violate my J-1 status and bar me from registering at my university as well as working on campus. Our lawyer just made us do it so that she was able to gauge if they're touching our case from time to time.

 

Therefore, you'd have to discuss your J-1 circumstances with a lawyer just to be sure you can stay while your application is pending.

 

As for filing, I don't think retaining a lawyer is necessary since it's a straightforward process, unless it involves a complicated history.

Hello! Came across your post and it says:

”Secondly, I cannot use my EAD and AP as that would violate my J-1 status and bar me from registering at my university as well as working on campus...” 

May I know why you can’t use your ead and ap if you have J-1? Thanks

16 minutes ago, ManCharsey said:

This post is over 3 years old but to answer your your question, I ended up using the Income, wages and Tips line value for the Total Income.

For proof of current income, I used her current pay stub, a letter from her employer confirming her employment and her position.

This post will most likely be closed by an admin as it's been a long time but all the same, Good luck on your AOS!

Are you referring to the total income for each year the tax was filed? Is that where I should get the numbers? Where do I really get the total income? From the IRS transcript or his payslip? I will send you a separate message. I hope you can shed some light to my questions. Thanks!

On 9/1/2017 at 5:38 PM, Frage said:

EAD is free with AOS wether you file concurrently or apply I-765 after you receive your NOA1.

Hello! I am on the most difficult and overwhelming paper work which is I-184. I am filing next week and I look forward to your answers.

To give you a little background, my husband was married in 2014 and he got his first job after graduation in Dec 15, 2014. When his ex wife filed the tax for 2014, she filed it jointly with him eventhough my husband did not have any income on that filing year. My husband's pay from that period was covered in his January pay instead. This afternoon, we got transcripts of all his taxes files for 2014 (joint filing with his ex wife), 2015 (individual filibg since they got divorced), and 2016 (joint filing with me since we got married in may 2016).

my questions are.

1 for the most recent income on part 6, do i put 0 in the field for 2014 since the only income thatw as files was his ex-wife's although ot was filed jointly, meaning his name was on the tax return.

2 for 2016, do i enter the total income we had or only his based on the records in the tax transcript from irs?

3. Where can I find that 'total income' in IRS tax teanscript?

4. Does total income for the last three tax years refer to gross income (before tax deductions)  or does it refer to net income?

5. What is the current income referring to? Is it the predicted one for this year

based on his 6 months pay slip or is it based on his last year's W-2?

Another question, not related to the income but I wanna add are:

1. Do i submit only photocopies

of supporting documents like our marriage certificate, his divorce certificate, my DS2019, and our daughhter's birth certificate? Or do they have to be certified copies?

2. All in all if I file concurrently for I-130, I-485 and EAD and AP, how many photographs of me

and my hiwabnd should there have? 

3. What is the formula to know if my husband's income is above 125% poverty guideline?

Thanks in advance. I look forward to your responses. 

Hello! I am on the most difficult and overwhelming paper work which is I-184. I am filing next week and I look forward to your answers.

To give you a little background, my husband was married in 2014 and he got his first job after graduation in Dec 15, 2014. When his ex wife filed the tax for 2014, she filed it jointly with him eventhough my husband did not have any income on that filing year. My husband's pay from that period was covered in his January pay instead. This afternoon, we got transcripts of all his taxes files for 2014 (joint filing with his ex wife), 2015 (individual filibg since they got divorced), and 2016 (joint filing with me since we got married in may 2016).

my questions are.

1 for the most recent income on part 6, do i put 0 in the field for 2014 since the only income thatw as files was his ex-wife's although ot was filed jointly, meaning his name was on the tax return.

2 for 2016, do i enter the total income we had or only his based on the records in the tax transcript from irs?

3. Where can I find that 'total income' in IRS tax teanscript?

4. Does total income for the last three tax years refer to gross income (before tax deductions)  or does it refer to net income?

5. What is the current income referring to? Is it the predicted one for this year

based on his 6 months pay slip or is it based on his last year's W-2?

Another question, not related to the income but I wanna add are:

1. Do i submit only photocopies

of supporting documents like our marriage certificate, his divorce certificate, my DS2019, and our daughhter's birth certificate? Or do they have to be certified copies?

2. All in all if I file concurrently for I-130, I-485 and EAD and AP, how many photographs of me

and my hiwabnd should there have?

3. What is the formula to know if my husband's income is above 125% poverty guideline?

Thanks in advance. I look forward to your responses. 

On 1/11/2014 at 9:18 PM, ManCharsey said:

ok I just checked and they show the YTD amounts but I think to be on the safer side, I will just have her get me a copy of her employment letter from her company stating her position, how long she's worked there and her salary.

Another question though? In filling out the Total income for the past three years - It says to use the Adjusted Gross Income. She wrote the total salary she made which is on the : Income, Wages and Tips line = $57,680 but I realize that in the tax transcript, the Adjusted Gross income on the 2nd page shows a different amount of = $56,230. Should I use the Total income she got or the Adjusted Income as I see on the 2nd page. She doesn't seem to know the difference so I want to know if anyone who knows this can help me out.

Thank you all! :-)

Hello what is the answer on this? 

6 hours ago, geowrian said:

1. I'm assuming you're referring to the 3rd most recent tax return (they don't really care about past sources of income). This should be the AGI from the tax return, which means it would include the income from his ex wife.
2. An affidavit that he was a student isn't required. However, he must provide an affidavit that he was not required to file for that year and state why (i.e. he was below the minimum income to file). That said, the minimum required to file is quite low here...I think like only $4000. So be sure he was actually not required to file. You can provide a copy of the W-2 to add as evidence that he was below the minimum.

 

Joint income. These tax sections are historical records, not current income.

 

I'm assuming his ex (or another guardian) claims his as a dependent. Either way, a minor child should be counted, except for some rare circumstances like if they were emancipated or you otherwise have no legal care of them. These are not typical situations so I am not as familiar on their impacts here.

 

Yup. Getting married in 3 days.

Hello again! So I got my husband's tax transcript (faxed to us by irs this morning) for 2014 which he filed jointly with his ex wife. Also he did not get ang w-2 for that year even if he was employed for dec 15 to dec 31 of that tax year. His pay for that shor period of time came only on the pay for January. My questions are:

1. Do I enter the total

tax showing on the 2014 transcript as the total income for tax year 2014 (3rd most recent) even if it is solely his ex wife's income since they filed jointly?

2. Is the total income indicated on the tax transcript already an AGI and is that the one I have to enter in the fields for recent incomes? 

Thanks

2 hours ago, geowrian said:

1. I'm assuming you're referring to the 3rd most recent tax return (they don't really care about past sources of income). This should be the AGI from the tax return, which means it would include the income from his ex wife.
2. An affidavit that he was a student isn't required. However, he must provide an affidavit that he was not required to file for that year and state why (i.e. he was below the minimum income to file). That said, the minimum required to file is quite low here...I think like only $4000. So be sure he was actually not required to file. You can provide a copy of the W-2 to add as evidence that he was below the minimum.

 

Joint income. These tax sections are historical records, not current income.

 

I'm assuming his ex (or another guardian) claims his as a dependent. Either way, a minor child should be counted, except for some rare circumstances like if they were emancipated or you otherwise have no legal care of them. These are not typical situations so I am not as familiar on their impacts here.

 

Yup. Getting married in 3 days.

Congratulations! 

1.So for the 3rd most recent income, do write the total income of him and his ex wife? 

2. For the most recen (number 1.) do I write also our total income since we filed jointly too in 2016?

3. The 2014 is when he got employed on dec 15. So he had a little bit of salary from dec 15th to 31st, 2014 which I guess he filed jointly with his ex wife. If I write this on the field for 2014 i come, the. i don't need an affidavit?

thanks!

On 12/9/2016 at 7:39 AM, WI_CA said:

Dear All,

I am adjusting from J1 waiver after I received a no-objection waiver from the DOS.

We had our wedding ceremony in January 2016, then the reception in October after she graduate college, and then she moved to live with me since then.

My package is attached below.

Would appreciate any input regarding the contents as I feel like I am sending way less compared to many of the checklists posted on this website.

From the overall cover letter;

A. I-130 Petition For Alien Relative

1. Cover letter of the contents for I-130 packet

2. Form G-1145, E-Notification Application/Petition (Petitioner)

3. Personal check of $420 for I-130 Filing Fee

4. Form I-130, Petition for Alien Relative

5. Copy of all pages of US citizen’s passport

6. Copy of petitioner's proof of naturalization

7. Copy of marriage certificate

8. Copy of alien spouse Egyptian birth certificate with certified English translation

9. Copy of all pages of alien spouse passport

10. Form G-325A, Biographic Information (Petitioner)

11. Passport photo of US Citizen with full name on back and name on plastic bag

12. G-325A, Biographic Information (Beneficiary)

13. Passport photo of alien spouse with full name on back and name on plastic bag

14. Evidence of bonafide marriage

a. Timeline of relationship document

b. Copy of marriage certificate

c. Statements from joint bank account (6 statements)

d. 1 credit card statement with name of both spouses

e. Lease of current residence (first page) with name of both spouses

f. Driver’s license for both spouses issued around same date showing same address

g. Car insurance showing name of both spouses on it

h. Proof of spouse being a beneficiary to employer-sponsored benefit (life insurance policy, health insurance plan, dental insurance plan)

i. Copy of Hotel receipt for a recent trip with both names on it

j. Selection of pictures that document relationship and wedding ceremony

k. Flight ticket of alien spouse to and from petitioner’s city of residence (before wedding reception).

L. Copy of receipt of wedding ceremony showing amount paid, names, and date of event

B. I-485 Application to Register Permanent Residence or Adjust Status

1. Cover letter of the contents for I-485 packet (including application for EAD and AP)

2. Form G-1145, E-Notification Application/Petition (Petitioner)

3. Personal check of $1,070 (filing fee for form I-485 of $985 + $85 biometric fee)

4. Form I-485, Application to Register Permanent Residence or Adjust Status

5. Copy of all pages of alien spouse passport, with visa page

6. Copy of alien spouse I-94 form

7. Copy of alien spouse DS-2019 and J1 waiver approval from Department of State

8. Copy of alien spouse birth certificate with certified English translation (Can I include passport biographic page instead??)

9. Copy of marriage certificate

10. Form G-325A, Biographic Information (alien spouse)

11. Two passport photos of alien spouse with full name on back and name on plastic bag

12. I-693, Report of Medical Examination and Vaccination Record (sealed by civil surgeon)

I-765 Application for Employment Authorization

1. Form I-765, Application for Employment Authorization

2. Copy of passport biographical page

3. Copy of passport visa page

4. Copy of DS-2019 and J1 waiver approval from Department of State

5. 2 Passport photos with full name on back and name on plastic bag

I-131 Application for Travel Document

1. Form I-131, Application for Travel Document (Advanced parole)

2. Copy of passport biographical page

3. Copy of passport visa page

4. Copy of I-94 form

5. Copy of DS-2019 and J1 waiver approval from Department of State

C. I-864 Affidavit of Support

1. Cover letter of the contents for I-864

2. Form I-864, Affidavit of Support- petitioner

3. Copy of intending immigrant most recent 6 paychecks for dates: 09/15/16, 09/30/16, 10/14/2016, 10/31/2016, 11/15/16, 11/30/16

4. Copy of intending immigrant contract showing annual income

5. Copy of both spouses’ driver’s license showing same address

6. Copy of all pages of the sponsor’s passport as a proof of US citizenship

7. Copy of I-864, Affidavit of Support- cosponsor

8. Copy of cosponsor US passport biographic page

9. Copy of cosponsor tax returns (form 1040) for the last 3 years (2013,2014,2015)

That's my package.

Would appreciate any kind of input.

Thanks Guys.

A

 

Hello! When you say 'copy' does it mean just photocopy or certified copy? Thanks! I am

preparing my packet too so I just wanna make sure I have the right understanding 

I am assembling my packet for AOS. I am kn J-1 Visa and got my waiver recently, i have two DS-2019 issued to me too. My questions are:

1. What are the documents that i need to send as original or certified true copies to USCIS and which ones should or can be photocopies only?

2. Do I need to send all my original DS-2019 too?

thanks in advance!

On 9/2/2017 at 8:56 AM, tamaara said:

You need to file the following:

 

I-130 (petition for alien relative) $535

I-130A (supplemental information for spouse beneficiary)

https://www.uscis.gov/i-130

 

I-485 (application to register adjustment of status) $1,140 + $85

I-864 (affidavit of support)

I-693 optional at the time of filing (medical exam)

I-765 (employment authorization)

I-131 (advanced parole)

https://www.uscis.gov/i-485

 

I just took this information from the USCIS links above. Read the instructions carefully. It seems that the VJ guidelines are not up to date to recent changes.

Hello again! Do I submit only photocopies of the requirements to USCIS for my AOS packet? Which specific ones need to be original or certified cooies and which ones can be just photocopies? Thank you.

On 9/4/2017 at 10:46 PM, geowrian said:

No problem!

The barcode appears as you fill out the form electronically. It's near the bottom of each page (under the solid line on each page). If you're filling it out by hand, you won't see it.

Hello! Are you busy?

13 hours ago, geowrian said:

Hello! That's a good question. haha I haven't seen exactly what to put here. Personally, I would just put "12" there and then clarify in the lines below by saying "Physical Address 3". It's a real human reading the form, so as long as the intent of having a 3rd address is clear, I don't foresee any issues.

 

Maybe I'm misunderstanding the situation, but why wouldn't they be counted in item #4 instead? If somebody is already counted in another line (i.e. item #4), then they should not be counted again (i.e. on item #5). If the son is 21 or older and not claimed as a dependent on the taxes, then they don't need to be counted in either #4 or #5. I hope that clarifies the situation.

 

Yes, you would put "1" in that field.

 

Just as a note, I recommend either filling out he I-864 entirely by hand or entirely by computer. It sounds like you're doing it by hand, which is fine. Just don't mix & match because it's a 2D-barcoded form, so they can potentially scan the barcode to fill in the data and miss the handwritten items.

The son is just 13 and he is not declared as dependent when he filed federal tax.

11 hours ago, geowrian said:

No problem!

The barcode appears as you fill out the form electronically. It's near the bottom of each page (under the solid line on each page). If you're filling it out by hand, you won't see it.

Also,we filed jointly for 2016 taxes, do I enter his only income on the field for total income or the total income we filed jointly?

11 hours ago, geowrian said:

No problem!

The barcode appears as you fill out the form electronically. It's near the bottom of each page (under the solid line on each page). If you're filling it out by hand, you won't see it.

Hello again! Btw so my husband was married in 2014 and he filed a tax jointly with his ex wife. He got a job in dec 15, 2014 after his graduation so that means when he filed jointly, he had a little bit of a salary from 2016. My questions this time are:

1. On I-864 for 3rd most recent income, should I write only his own total income and not that jointly filed with his ex wife?

2. Do we need to get affidavit that he was a stident in 2013 and most parts of 2014 to prove that he dod not have a job on those years since the form was asking for his job in the last five years?

thanks!

52 minutes ago, geowrian said:

Hello! That's a good question. haha I haven't seen exactly what to put here. Personally, I would just put "12" there and then clarify in the lines below by saying "Physical Address 3". It's a real human reading the form, so as long as the intent of having a 3rd address is clear, I don't foresee any issues.

 

Maybe I'm misunderstanding the situation, but why wouldn't they be counted in item #4 instead? If somebody is already counted in another line (i.e. item #4), then they should not be counted again (i.e. on item #5). If the son is 21 or older and not claimed as a dependent on the taxes, then they don't need to be counted in either #4 or #5. I hope that clarifies the situation.

 

Yes, you would put "1" in that field.

 

Just as a note, I recommend either filling out he I-864 entirely by hand or entirely by computer. It sounds like you're doing it by hand, which is fine. Just don't mix & match because it's a 2D-barcoded form, so they can potentially scan the barcode to fill in the data and miss the handwritten items.

Hey! Thanks! Appreciate your replies. Really! Btw, his son is just 13. Also, the I-864 (new) doesn't have a barcode. Where is the barcode found there?

On 9/2/2017 at 7:08 PM, geowrian said:

It can be left blank if you don't use an "In care of" line to get your mail. Or you can use your own name. It's for mailing label purposes so the mailman can deliver any letters or (eventually) the green card.

 

Since you live together now, you can put your current address.

 

That's fine. The main thing is noting "Deceased" for the country then.

 

They can be left blank, but personally I'd put the name/business name fields as "N/A" just to make it explicit that none was used. The other related fields can be left blank.

My husband has a son on his

previous relationship. They were never married. The son is not declared as dependent in his federal income tax but is included as dependent in his health care benefits. My question is: on I-1864, part 5 (sponsor's household size), do I include my husband's son on number 4? Baded on the I-864 instructions,

" Item Number 5. Enter the number of any other dependents. You must include each and every person whom you have claimed as a dependent on your most recent Federal income tax return, even if that person is not related to you. Even if you are not legally obligated to support that person, you must include the person if, in fact, you did support that person and claimed the person as a dependent."

also, since i am writing the answer manually, do I put 1 on part 5, item 2 that refers to

my husband? When I printed this, it did not auto populate.

thanks. 

22 hours ago, geowrian said:

DECEASED is fine for the current city/country.

"N/A" is fine.

Helo again! For I-130, about address history, if I need extra soace it says I can use the extra sheet procided which is page number 12. It says too that i have to add pge number, part number, and item number. Honestly I don't know what to put in the item number . I can only identify the page and part number. Can you enlighten me

on this? Thanks! 

1 hour ago, geowrian said:

It can be left blank if you don't use an "In care of" line to get your mail. Or you can use your own name. It's for mailing label purposes so the mailman can deliver any letters or (eventually) the green card.

 

Since you live together now, you can put your current address.

 

That's fine. The main thing is noting "Deceased" for the country then.

 

They can be left blank, but personally I'd put the name/business name fields as "N/A" just to make it explicit that none was used. The other related fields can be left blank.

You are

ao helpful! Thank you so much! If Inhave some other questions that will come up as I double check the details I put in the paperwork, please help me again as I quote you here. Appreciate all your help and allnof the others here who are so patient responding.

19 minutes ago, geowrian said:

DECEASED is fine for the current city/country.

"N/A" is fine.

Also, for all the pages and spaces that refer to interpreter and preparer, do i just leave them all blanks or shall I put n/a? 

18 minutes ago, geowrian said:

DECEASED is fine for the current city/country.

"N/A" is fine.

Can i put N/A for his deceased father's current city ?