SJ_Ulloa

Hi Everyone, 

My husband and I have been married going on 3 years, his 2 year GC anniversary is coming due in Dec. He is working on the paperwork now, however he would like me to help him with his paperwork. The issue is while I am happy to help him complete the paperwork, I am apprehensive on filing jointly (signing), as him and I are on the verge of separation and divorce seems imminent. While we both really wanted this to work as we share a child together, we believe divorce may be the best option due to irreconcilable differences (mostly cultural related issues) how does that work in regards to his paperwork? 

I have tried looking (to very little luck finding the answer to my question), but I am curious what the form pertains to for the US spouse outside of stating the marriage is / was legit, and providing permanent residency for the immigrant for the next 10 years. Does signing this form lock me into being financially responsible for my husband for the remainder of his life? (I heard there was a change in the support portion going from 10 years which I signed when completing him coming here and his AOS to the immigrants remaining lifespan).

I have read the form and the only options are divorce (divorce degree needed), death, or abuse. Beings none of these apply to us now, do I have to sign for him and if we divorce in between the time we file vs when he gets an answer just send in the decree and request a change? In signing the form, am I then signing being financially supportive of him again? He has a great job and can take care of himself.

Any help or advice on similar situations are appreciated in advance. Just want to protect myself in the long run, rather get all of the facts vs hearsay. 

T.I.A. 

18 hours ago, Pitaya said:

Agree with others. We took every scrap of paper that we had accumulated/received associated with our Immigration journey thus far. They asked me for a document that I know that I had sent in with the initial K1 petition, saying that they never received it. Really? I would have likely gotten an RFE then if I didn't supply it with the petition. Anyway, I had a copy of the document, saved us from a possible RFE. 

 

Make the interview appointment interview if you can. Trying to reschedule with scheduling minions in Alexandria, VA can be vexing. It is uncanny how inconvenient the timing of the appointment can be, but just get it done, if you can, under present circumstances.

 

Good luck on your immigration journey, and Happy Holidays !!

good thing you came prepared. I will get everything together from our first petition up to now ... Id rather be safe than sorry. AS long as this baby doesnt come I will be waddling my butt into that office   Thank you for your help 

4 minutes ago, missileman said:

Take everything they instruct you to take........the consulate has approval of all documents. Co-sponsors don't have to be there.  I would keep the interview.  

Perfect! Thank you  

My husband and I have just received our interview date regarding the final process to get his Green Card. On the paper it provides a laundry list of things that need to be brought to the interview, some that were included in the original packet when we submitted his paperwork. My question is do I / Should I still bring in everything regardless if I submitted it or not. My other question is - has anyone had a co sponsor and does that person need to come also? My last concern is at the time of our interview I will be a full 9 months pregnant, and we are concerned the baby may be coming early around that time... Should we try to reschedule our interview date or keep it? Has anyone had any of these circumstances? Any help/ suggestion is appreciated! 

1 minute ago, Mary&Rafa said:

Congratulations!! And I do not think that it will hurt, especially considering the circumstances. 

 thank you 

Just now, Mary&Rafa said:

He can try to expedite EAD with a job offer. He has nothing to lose and it might work in your favor. You will have to call the USCIS hotline and asked them to expedite the EAD based on financial hardship. They will ask you to send some documents and then after some time they will tell you if it's approved or not.

surprisingly I think if I claim hardship it will only harm us. We needed a co-sponsor even though I made over the 125% so that I believe would bite us later... but maybe we can try to expedite to try to get it quicker. Every once in a while VJ sends an "estimated approval date" for the EAD and AP and it keeps getting pushed out... now we are in "October" 

We also found out we are expecting which is pushing him further to want to work sooner than later 

Thank you- He has been keeping busy but is ready to work, and help support. Hes been offered to do an apprenticeship but is afraid that is not allowed and could jeopardize our results. 

I was just wondering how long most have waited to get their AOS processed, and approved. Has anyone received their EAD and AP prior to their GC being completed? He has been offered several offers "once he gets his gc/ work permit" making very good money. Anyone especially in the Maryland area that has gotten approved that can provide  how long it took for their process. 

1 minute ago, NikLR said:

I wouldnt consider a lot of advice from that member.  They've given you a lot of incorrect information in this thread.  

 

You really have two options.  Either resubmit with more evidence that your current income is well over the guidelines.  I would use the I-864ez vs the I-864 if your income is on w2s.  

Or

Find a joint sponsor. 

I think im just going to try to do the joint sponsor. The more information I find, I would rather be safe than sorry, and I do not want to piss anyone off by doing opposite of what they say to do. Thanks for your help 

2 hours ago, NovaDC said:

If your income this year for your household passed the poverty line 110% then you don't have to get a co-sponsor. But if it didn't you need a co-sponsor. Either of the two you need to submit this year's tax transcript.

I brought home annually a little over 30k in 2018, so still over the 125% 

5 minutes ago, NovaDC said:

I think you really have to send that. That's a requirement.

So would it be a a good idea to try to send in my tax transcripts from this year and the last 3 years and see what happens or should I still try to find a co sponsor? If I don’t need one I’d rather not have one but don’t want to risk our case getting denied and him being issued a letter of deportation 

59 minutes ago, NovaDC said:

Have you filed your tax this year? They might need the most recent.  We got an RFE last year even if my husband makes 160k and there's only 2 of us. It was also mentioned there to get a co sponsor. When i submitted our application we were not able to send the most recent coz it was January and the taxes are still being processed.  When i sent the recent tax documents, i didn't have a problem after that.

No, when we filed I was not able to file my taxes yet, I filed after we submitted our paperwork. I was considering sending them in with my current tax year but scared it can impact our case negatively. 

3 minutes ago, missileman said:

W2s are not needed if using transcripts since they are official IRS generated documents which reflect what was actually filed.

even better! I did not include them in my initial packet, and was thinking that was one reason for the set back - thanks for all your help 

3 minutes ago, missileman said:

It is usually better to just give them what they ask for.......it's the path of least resistance. Of course, in addition to what they asked for, giving them your new financial information (if improved) wouldn't hurt....just my opinion.

perfect. Do I need to have the W2's for all the tax transcripts I submit? I have them for 2018-and 2017 but I honestly am not sure where 15 and 16's are currently. Would printing out the wage transcripts that include the W2 information along with the 1099 information  via irs.gov be sufficient or do I need the actual W2? 

1 minute ago, missileman said:

Actually, the most important factor is current and expected income for the future....but they consider the whole picture.

would resubmitting my I-864 with my offer letter that includes my new income effective from Sept 2018 as well as a letter from my HR indicating my position, and annual salary and effective start date in that position possible assist? Even if I send that information in with a co-sponsor? 

Per the Tier 2 person I spoke with, he informed me it would not hurt to resubmit my I-864 along with my tax transcripts again, however when I sent in the initial paperwork I did not do my 2018 taxes, whereas now I have completed that and can provide that as well, or could doing that effect the process further?

4 minutes ago, Nereyda said:

Yes, they base it on your tax returns but they look at the Total Income line which is listed on your tax returns. The amount that is listed under the Total Income line is what they go by, not your gross income. I'm speaking as someone who successfully brought their husband from DR this year. I was confused about what they look for on the tax return and i was told that it's the total income. It even says that on the AOS instructions and the income you fill out is the total income line and not your gross income.

I just looked at my tax transcripts, and the amount listed under total income is what I have used. So I guess in totality that is not enough to them 

Just now, missileman said:

There are specific requirements to use household member income.  I suggest you study the instructions for I-864 and I-864a .

Thank you, I am doing some research on the option now, just seeing if anyone has went this route in their process for sponsorship 

1 minute ago, Nereyda said:

Don't base it on your gross income, base it on Total Income. That's what they go by. I hope you get the appointment. I'm commenting through my friend's account but I just brought my husband here from Dominican Republic. I also just recently had an info pass appoint in Baltimore after trying for weeks to get one until someone told us the best times to try and it worked.

I will try that. They pretty much only have one location unless I want to go to Arlington Va which is not an option. From what USCIS informed me they base the guidelines off of your tax returns from the last few years, which is why I assumed they use that today to determine if they feel you meet the guidelines or not 

Does anyone have any experience using the contract of a household member's income as a option? Someone just mentioned it to me but this is the first I really heard of that. Technically my fathers address is the same as mine and I could possibly ask him to assist in this process or would getting a co-sponsor be more sensible? 

8 minutes ago, Nereyda said:

Are you basic your income qualification on Total Income listed on your Tax returns or based on your gross income? They go by your total income as listed on your tax returns, which is usually lower than your gross income. You want your total income to be a bit higher than what is listed on the poverty guidelines.

 

Also, for a new higher paying salary to have an effect, you need to be in that position or earning that salary for at least 6 months, otherwise, it won't matter.

 

The best time to get an Info pass appointment is on Sundays between 5pm and 1am. Other times to try on other days is from midnight to 3am. But you have to check often and be really quick at signing up as they go fast. You don't have to put all the info in, skip the receipt number and A number in the info pass as filling that out will eat up your time.

I have been in this position since September of 2018, so right about the 6 month mark, but within the same company for 5 years. I am basing what is on my tax return as my gross income. I will keep looking for an appointment on info pass - those times on sundays would work for my husband and I rather than during the week 

1 minute ago, Scandi said:

Did the RFE letter ask for anything else in regards to the sponsorship? 

 

The "you don't meet the income requirements" sentence is a generic thing they put on all RFEs that have anything to do with the sponsorship. So basically, one could make $80.000 a year for a 2 person family, but if you forget to include a tax return for instance, or a letter from the employer or whatever it may be, or if USCIS loses one of these documents, then the RFE will ask for that specific thing AND the sentence that you don't make enough money will automatically be printed on the RFE letter.

I have to double check but based on the information on the letter (which was yellow) it stated based on the information you submitted you do not meet the guidelines to support the immigrant, and mentions a co-sponsor. I may have someone but I am also including my tax returns again (including all 3 this time vs the one year I submitted) along with a letter from my employer stating my promotion and what I make annually, as well as pay stubs again. 

When I talked to someone at USCIS today (Tier 2) they gave me the basics, but noone can tell me if its additional information  I needed to include outside what I submitted, or just point blank am to close to the guidelines they set. 

17 minutes ago, dwheels76 said:

Don't know where you got this but it is incorrect. What happens if your husband will not get a green card and your case will be denied. If they are telling you you need a joint sponsor.

What I would do is schedule an Infopass appointment take all your financials you mentioned so you and your husband are sitting down with a real USCIS person maybe that will help.

 

Sponsor's Household Size	100% of HHS Poverty Guidelines*	125% of HHS Poverty Guidelines*
	For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child	For all other sponsors
2	$16,910	$21,137
3	$21,330	$26,662
4	$25,750	$32,187
5	$30,170	$37,712
6	$34,590	$43,237
7	$39,010	$48,762
8	$43,430	$54,287

I found the one on USCIS which you attached and even with that I still make above what they list. I am going to try to get a co sponsor but I looked into the info pass online to schedule an appointment and there are non available at this time, so I guess I will need to call and try to get an appointment 

1 minute ago, Cathi said:

Call USCIS and ask to talk to someone in tier 2.

I spoke to someone yesterday but she would not really give me any information other than a script she read- she has to talk to my husband since this is now his case. I am planning on trying to call when I am with him but more than likely will have to wait until Thursday before we can call 

1 minute ago, George & Roth said:

If you do end up submitting more evidence I would suggest adding in paystubs at your new higher pay rate and also reference it in your cover letter. i.e. "I have also attached herein my most recent 2 weekly pay stubs of $750 which reflect my increased wages of $39K annually (750X52= 39,000). 

 

Furthermore, as per my attached W2 & filed tax returns the past X years, I have had an income of XX, XX & XX which is in excess of the required 125% of poverty guidelines as stated in the I-864P. In my case with a household of X members, the required amount is XXX which I have exceeded and will continue to exceed based on my current wage amount. "

 

First talk to that tier 2 again to confirm your best course, however, if you will end up submitting evidence I recommend you include a cover letter laying out those facts.  And start thinking of a co-sponsor if that doesn't work out. 

Thank You- I am working on the co - sponsor now, I am just looking to find confirmation that the co sponsor can do so solely with filing joint taxes with their spouse. Most people seem to believe that is ok but I want to be 100% positive when I submit everything again 

4 minutes ago, USS_Voyager said:

Yes, we file married jointly. So I submit the tax return, transcripts and W2 to prove what portion is. My wife did not fill out anything. 

thank you very much. this helps greatly. I more so have no point but to try to get a co-sponsor.. I do not want to piss anyone off and them deny him and issue a deportation order. 

as the co sponsor do they only show they claim themselves and their spouse? They would not need to include us 3 in the equation they would just be a back up aspect correct?