Mint518

I checked USCIS website, and would like to supplement/correct my previous post.

But I think extention of H1b visa itself will usually take 3-4 months.

To be accurate, processing time for the adjudication of I-129 (Petition for A Nonimmigrant Worker) varies depending on the service centers to which I-129 will be filed. So, it could be adjudicated in 2 months (in case of CSC) or could be way way longer than 4 months (e.g. If the information in USCIS's website is correct, as of November 30, 2008, NVS is adjudicating the I-129 (Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S.) filed on August 01, 2006).

FYI - In my recollection, adjudication for the I-129 for my H1b (initial issuance) took around 4 months and I heard similar procedures will be taken to apply for initial issuance and extention; that's why I though it would be 3-4 months for extention, too.

So if you want to make sure the extention of your wife's H1b visa be approved on time, applying the visa renewal using premium processing would be one of the options (I belive it would cost additional $1,000 but the case will be adjudicated within 15 days).

If the premium processing service is used, "within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation." (See " How Do I Use the Premium Processing Service?) So, even if premium processing service is used, it would be better to file I-129 as early as possible so that employer of your wife will have enough time to respond REF if they recevie it.

my wife should be getting her green card in the next few day but i was wondering what we will have to do next? from what i read she will get a 2yr card then before it expires we will have to apply to lift the conditions, but how soon do we start that and what froms do i need to file? any fees to file lifting the conditons?

Congrats for your green card approval.

To lift the conditions you and your spouse need to file I-751 jointly "during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status." Current fee is $465 (plus $80 biometric service fee) but we (obviously) do not know how much will it be in 1 year and 9 months from now. Since you need to file evidence of the relationship along with I-765, I think you may wish to accumulate such evidence for next 1 year and 9+ months.

I think marriage itself is fine but filing AOS too soon would be a red flag. I would suggest to wait to file AOS at least 2 months from the entry to US based on the advise in "General notes about adjusting from H1B, F-1, J-1, or another type of visa" in this page --> http://www.visajourney.com/forums/index.ph...p;page=otheraos, or longer if they can wait, i.e. not file AOS as long as he can maintain his current visa.

p.s. Sorry - I noticed I mixed-up genders of original poster and her fiance in my previous post and would like to correct as above.

hi!

my fiancee came over on a musicians work visa, and we married 5 days later. only after the fact did we know this could be bad for his green card paperwork.

i know people who come over on a tourist visa could be in hot water for getting married quickly, but could the same be said for a musicians visa? he was planning to come here to work, and is still working for the organization that got him the visa. does anybody else have a similar situation?

thanks!

I don't have a similar situation, but a couple thoughts.

He won't be in hot water for getting married on a work visa, but he might be when he tries to adjust status.

Work visas are not intended for permanent immigration, just like the visitor visa.

Assuming your fiance came intending to marry and immigrate on a work visa, it sounds like you did plan to commit fraud, even though it may have been unintentional. Many people have gotten away with it, but 5 days is pretty quick, and is likely to at least throw up some red flags. It's simply a judgement call on whether you want to just go ahead with the AoS or not. Surely others on the board will toss in their opinions.

Is he on an O visa? Most likely O-1 ? These are deemed to be dual intent, the same as H1, L1, etc... It may raise red flags as you say being only 5 days after arriving, but intent IS allowed on these visas so I don't think it is a problem, anyone else?

I think marriage itself is fine but filing AOS too soon would be a red flag. I would suggest to wait to file AOS at least 2 months from the entry to US based on the advise in "General notes about adjusting from H1B, F-1, J-1, or another type of visa" in this page --> http://www.visajourney.com/forums/index.ph...p;page=otheraos, or longer if they can wait, i.e. not file AOS as long as she can maintain her current visa.

Hi folks,

Thank you in advance for any contributions. I'm not sure what my options are and what possible consequences for my situation.

My wife currently has a H1B visa that will expire in June 2009. We are about to submit the I-130 packet & I-485 packet in Feb 2009. The wife has another job lined up starting in June 2009 and will require another H1B with the new employer.

Should we file the I-765 Employment application w/ the I-485?

Are there any consequences of filing I-765 and requesting a new H1B simultaneously?

Given the timeline, I do not have a high confidence level to obtaining the EAD approval by June 2009. What possible measures may we take to assure compliance with US immigration laws and ensure her availability for work in June 2009?

Thank you again.

I strongly recommend that your wife to file I-765 regardless of filing of H1b renewal, becasue as far as I know, simultanious filing of AOS (including I-765) and H1b renewal will have no influence each other (e.g. see http://www.lawbench.com/immigration-forum/...ning-h1b-status)

I think the best way is to negotiate the starting date with the new employer (e.g. to commence her employment after the receipt of AOS based EAD, etc.). I do not know of the details of changing of H1b employer or renewing H1b visa. But I think extention of H1b visa itself will usually take 3-4 months. So if you want to make sure the extention of your wife's H1b visa be approved on time, applying the visa renewal using premium processing would be one of the options (I belive it would cost additional $1,000 but the case will be adjudicated within 15 days).

Wow!! Over 2 million in assets!! And here I was thinking I was safe having close to $30,000. Darn. Thank you for the honest opinion. It is very refreshing. That is really the only type of answers we are looking for, just realistic.

I realized that I only made a small comment about me being self-employed. I thought it would be better if I shed some more light on that situation as well.

I've noticed that the I-864 rules are very brief when talking about self-employed people. I do have 1099 forms for every person I've done work for in 2008. However, about half of my income right now comes from my ebay business. I always count that as income and pay taxes on it, but how does ebay profit count for an I-864? It will be in my tax return, but I don't think that counts as part of my freelance earnings. It's just very confusing.

I am quite certain though that if I wait and file my 2008 tax return, my income will be over 125 percent of the poverty line. But then I'm afraid that it won't matter because my 2007 tax return was so low. Ugh, so much stress...

I think 2008 tax return will prove that your income exceeded the poverty line in the most recent tax year (which will satisfy question 25 of I-864), in this sense you do not need to worry about that your income in 2007 was low. However, 2008 tax return will not prove that your current and future income will exceed the poverty line (which is questions 23 and 24).

Usually (although it is not mondetory) people prove current and future income by submitting employment letter and/or paystub of last 6 months. So, even in case of self-employment, USCIS might be expecting to receive something that is equivalent to employment letter and/or paystub (such as a copy of contracts with your current clients or clients with recurring orders showing you expected fees). And if it is hard to prove why you come up with the current income figures you write down in question 23 and 24, it might be better to seek a joint sponsor.

Regarding the assets, what were the assets you used in your I-864 and what kind of proof did you send? According to the instruction to I-864, "only assets that can be converted into cash within one year and without considerable hardship or financial loss to theowner may be included." Also,

http://www.visajourney.com/forums/index.php?showtopic=308 mjght give you some idea what kind of evidece should be sent when asset value is used to meet the poverty line.

I would like to know what is the web site to track the status of my wife's AOS.

Below is the website you can track the application status.

https://egov.uscis.gov/cris/jsps/login.jsp

You need to register first, and a link to the registration page is right above the "submit" button of the above site.

It has been a little over a week since my Japanese wife and I have been married. She original came to America with an F-1 student visa three years ago, so she didnt come on a fiance visa. I have most of the documents filled out, but I am having problems with the I-693. Basically we need her immunization records in order for the doctor to fill out the form. We always have the option to get her completely immunized but that requires various visits which means more money and more time away from work. The immunization records have to be sent from Japan, and then translated here, or translated in Japan first. The local Civil surgeon has to wait two weeks in between two appointments so that will add another two weeks on top of the time we have already taken. I have a few questions about the situation.

1. If we wait, chances are we will be sending the packet off one month and half after our marriage. Will this hurt our chances for her permanent residence? They say send it asap, but give no real reason why.

2. Do we have to send the I-693 (medical examination) with the packet, or can we wait until it is requested?

3. Has anyone ever gone through transalting an immunization record? If so was it done in your home country or in America?

Any advice at all on the matter will be greatly appreciated!

Thanks

I am adjusting from H1B. I did not gone through translating my Japanese immunization record. I just got a blood test in addition to Tuberculin Skin Test at Civil surgeon's office and he transcribed my immunization from the blood test result. I did not need to take any immunization shots and I was told I am all set for I-693. The entire process took a little less than a week for me. So, if she has already took required imminization in Japan, it would be easier and faster if she just prove that through blood test.

By the way, I took immunization shots for MMR and td around 8.5 years ago in the U.S. as those were required to attend a shool in NYS. I brought the immunization record for MMR and td but the Civil surgeon did not use that record as the blood test proved I had already took those immunization shots.

Please note that I have no idea whether I took immunization shots for MMR and td in Japan when I was a child or not. So, I cannot guarantee whether she had already took all the necessary shots in Japan.

I have a little different view. I think Amy&Xin does not need to attach a statement to elect to treat the spouse as a resident alien for income tax purposes.

In default, he is a resident pursuant to the substantial presence test, but sicne he is a F-1 student he has a privelage to be treated as non-resident by filing Form 8843 "Statement for Exempt Individuals and Individuals With a Medical Condition". If he files Form 8843 on time (by April 15), his presnese in the U.S. as F-1 student will be counted as "0" day for purpose of substantial presence test which make him non-resident under the substantial presence test. But if he fails to submit Form 8843, he will remain to be a resident for tax purposes.

So, he has two options.

(1) If he wants to be treated as resident (which enable him to file joint return), he can do so, if he does not file Form 8843.

(2) If he wants to be treated as non-resident (which enable him to use tax benefits without an issue, also he does not need to report his income outside of US), he should file Form 8843 along with his 1040NR (or 1040NR-EZ). Sicne non-resident cannot file joint return, his wife has to file 1040 (or 1040-EZ) under married filing separately.

I do not know whether he can use tax benefits even under option (1) -- It depends how it is written in the tax treaty between US and his home country.

Umm... I am having a second thought. Probably, w1331 and Nich-Nick might be correct and I am one who is cofused.

I reread the instruction to Form 8843, which says:

Penalty for Not Filing Form 8843

If you do not file Form 8843 on time, you may not exclude the days you were present in the United States

as a professional athlete or because of a

medical condition or medical problem that arose while you were in the United States. Failure to exclude days of presence in the United States could

result in your being considered a U.S. resident under the substantial presence test.

So, it does not mention about any penalty for non filing of Form 8843 by student (F-1 holder).

Also, I found this article titled "Ten Common Tax Return Erros" which pointed that many foreign students erroneously use Form 1040 despite it is not availalbe to them. And this article does not discuss whether F-1 student can chose to be a resident by intentionally forget to file Form 8843.

http://www.windstar.com/public/ten-common-errors.pdf

Since exempt individual can generally use this Form 8843 only for 5 years, as w1331 said F-1 student might be considered as non-resident for the first 5 year (regardless of the filing of Form 8843), and as Nick-Nick said to attach a statement to elect to treat the spouse as a resident alien for income tax purposes might be actually required.

Amy&Xin - Since you mentioned you will talk with a specialist, would you share the specialist's view on this point after such talk?

Hi, everybody,

I did some research using google, but didn't find anything very useful. I would like to give a shot here. I am currently on f1 visa, and I married to a US citizen last November. I worked as a TA/RA on campus, and last summer, I made some money on my internship, using CPT as my authorization to work. We already filed i130/i485/131/765, so we are collecting evidence to show that we indeed live together, so we would like to file tax jointly this year. But I don't know how exactly to do this, can anyone help, or point me to a source that explains this?

OK - so back to the original post. You actually want to file married jointly. In that case, I think as Eric-Pris noted (post #6), Form 1040 is the form you should use.

hi, payxibka,

here is what I found on IRS website. It seems like I can't count the days since I am being a student here. Did I understand this correctly?

Exempt Individual

Do not count days for which you are an exempt individual. The term "exempt individual " does not refer to someone exempt from U.S. tax, but to anyone in the following categories who is exempt from counting days of presence in the U.S.:

An individual temporarily present in the United States as a foreign government-related individual

A teacher or trainee temporarily present in the United States under a "J " or "Q " visa, who substantially complies with the requirements of the visa

A student temporarily present in the United States under an "F, " "J, " "M, " or "Q " visa, who substantially complies with the requirements of the visa

A professional athlete temporarily in the United States to compete in a charitable sports event

That does apply to you BUT you married a USC so you can throw that out because you get special privileges from the IRS.

If you do not have a green card, you can declare with a statement attached to the 1040 filing form that you both elect to treat the spouse as a resident alien for income tax purposes. You both have to sign it. Then you can file jointly. Otherwise a non resident alien can't file jointly. When you make that declaration, he is treated as a resident alien for the whole year 2008, not just the time he has been here. By making that declaration, worldwide income for the whole year 2008 must be reported for both spouses. In your case, you have no foreign income to report, but you do report any US income.

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

• A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

The statement goes at the end of your paper tax return. You can't e-file because you have to send in a statement with signatures this year. You don't have to do that again next year.

I have a little different view. I think Amy&Xin does not need to attach a statement to elect to treat the spouse as a resident alien for income tax purposes.

In default, he is a resident pursuant to the substantial presence test, but sicne he is a F-1 student he has a privelage to be treated as non-resident by filing Form 8843 "Statement for Exempt Individuals and Individuals With a Medical Condition". If he files Form 8843 on time (by April 15), his presnese in the U.S. as F-1 student will be counted as "0" day for purpose of substantial presence test which make him non-resident under the substantial presence test. But if he fails to submit Form 8843, he will remain to be a resident for tax purposes.

So, he has two options.

(1) If he wants to be treated as resident (which enable him to file joint return), he can do so, if he does not file Form 8843.

(2) If he wants to be treated as non-resident (which enable him to use tax benefits without an issue, also he does not need to report his income outside of US), he should file Form 8843 along with his 1040NR (or 1040NR-EZ). Sicne non-resident cannot file joint return, his wife has to file 1040 (or 1040-EZ) under married filing separately.

I do not know whether he can use tax benefits even under option (1) -- It depends how it is written in the tax treaty between US and his home country.

Hello. I am new to all this and need some answers from you guys.

I am on a student visa (F1) and its expires in 2012.

I have a girlfriend who is a US Citizen and we went to get married.

What is the procedure for me to get married in the US and apply for a Green Card?

Any help on the procedure and name of forms would be helpful. Thank you for all your help.

I belive the first step is to obtain marriage license; and each State has slightly different requirements after that. I think you can easily find information about how to get the marriage license by google (punch in words, for example, name of the state where you intend to marry and "marriage license", etc.)

Regarding the adjust status from F1, http://www.visajourney.com/forums/index.ph...page=i130guide2 will guide you.

To make things more clear, I am restating here of what is said on my RFE and situation of mine.

My father-in-law is my joint-sponsor even though my income combined with my wife's exceeds 125% or the poverty line, because the lawyer of ours wanted to play it safe.

I got two RFE notices

In the first notices, it says(I believe this is about the one my wife and I filed):

1. in orfer to process your application further, the petitioner/sponsor on Form I-864, Affidavit of Support, must submit all supporting tax documentation(W2s, 1099s, etc) submitted to the Internal Revenue Service(IRS) for the most recent tax year.

2. for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US.

In order to porcess your application further, submit evidence that the household member on Form i-864, Affidavit of Support or Form I-864A Contract Between Sponsor and Household Member, was authorized to work in the US. Examples include one of the following:...

I am a student on F1 visa. I am allowed to work on campus. So what is my evidence to prove that the income source was lawful? Is it my I-20, or is it my I-94?

If it is on campus job, I would include a copy of F1 visa, I-94, I-20 and a letter from school stating it relates to on campus job (If you cannot obtain such letter from the school, probably attach a separate statement by you explaining it is on campus job and you are allowed to work on campus as F-1 student, etc.).

I may be wrong but, even if you sent those proof, I do not think USCIS will give too much credit on your inocme from on campus job unless you can get an employment letter from the school stating that this is a permanent position (i.e., you can work for the school even after the graduation.) or you have a few more years before graduation and you can keep this on campus job for another few years. Because the instruction to I-864 said income of intending immigrant "can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident." So, it is good that you have a joint sponsor.

Just to clarify, I did not mean it is meaningless to send a copy of F1 visa, I-94, I-20 and a letter from school. I think you should send what USCIS has already asked for (i.e., evidence that the household member on Form i-864 or Form I-864A was authorized to work in the US.).

To make things more clear, I am restating here of what is said on my RFE and situation of mine.

My father-in-law is my joint-sponsor even though my income combined with my wife's exceeds 125% or the poverty line, because the lawyer of ours wanted to play it safe.

I got two RFE notices

In the first notices, it says(I believe this is about the one my wife and I filed):

1. in orfer to process your application further, the petitioner/sponsor on Form I-864, Affidavit of Support, must submit all supporting tax documentation(W2s, 1099s, etc) submitted to the Internal Revenue Service(IRS) for the most recent tax year.

2. for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the US.

In order to porcess your application further, submit evidence that the household member on Form i-864, Affidavit of Support or Form I-864A Contract Between Sponsor and Household Member, was authorized to work in the US. Examples include one of the following:...

I am a student on F1 visa. I am allowed to work on campus. So what is my evidence to prove that the income source was lawful? Is it my I-20, or is it my I-94?

If it is on campus job, I would include a copy of F1 visa, I-94, I-20 and a letter from school stating it relates to on campus job (If you cannot obtain such letter from the school, probably attach a separate statement by you explaining it is on campus job and you are allowed to work on campus as F-1 student, etc.).

I may be wrong but, even if you sent those proof, I do not think USCIS will give too much credit on your inocme from on campus job unless you can get an employment letter from the school stating that this is a permanent position (i.e., you can work for the school even after the graduation.) or you have a few more years before graduation and you can keep this on campus job for another few years. Because the instruction to I-864 said income of intending immigrant "can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident." So, it is good that you have a joint sponsor.

In the second notice, it says:

1. The household member on the petitioner/sponsor's form i-864, affidavit of support must submit all Federal income tax documentation submitted to the Internal Revenue Service(IRS) for the most recent tax year.

2. The household member on the petitioner/sponsor's form I-864, affidavit of support/Form i-864A, Contract Between Sponsor and Household Member must submit all supporting tax documentation(W2s, 1099s, etc) submitted to the IRS for the most recent tax year.

Isn't 1 and 2 the same thing? I am so confused by this. Hope I can get help from here. Many thanks in advance.

It seems the second notice relates to your tax return and supporting documents as you are the "household member on the petitioner/sponsor's form I-864". #1 is applicalbe if you are the only intending immigrant and no need to submit I-864A, and #2 is applicalble if you have a children immigrating with you and thus you need to submit I-864A (Probably this form is intended to be cover either senario).

Thanks guys, I got it all now!

One more question though..

Do these I-864 documents need to be notarized or not?

I am asking this because I-134 Affidavit of Support had to be notarized.

Thanks!

I belive I-864 does not need to be notarized.

i got married last may in mexico (where I am from) and came back to the states on my student visa. I am still studying and will not graduate till july. I am just now starting the paperwork. I am wondering if I should use my maiden name or married name on the forms since my passport and social security have my maiden one. would that be a problem?

also should i include an I-131 form with my package if i am thinking on traveling in may for our one year anniversary or should i fill out another form.

thanks

Did you change your legal name in your home country (i.e., can you change your passport name sometime later, if not now)? It is hard to answer as I do not know how the change of name works in your country (whether it will be automatically be chaged to conform the US married name, or you can choose US married name or maiden name (Japan is latter)). But, as a general matter, I think if you have changed your legal name in your home country, you should use your married name so that your name on passport and GC will eventually match. On the other hand, if your legal name stays the same, I think it would be better to use your maiden name.

Regarding your second questinon, I-131 is the right form. And since you cannot use your F-1 visa for reentry to the U.S. once you file AOS package, you should file I-131 and obtain AP. But you should keep it in your mind that there is no gurantee that AP will be approved before your planned trip. So, it would be better not to book any travel yet (unless fess are refundable or under flexible schedule).

I am the K-1 Visa holder and applying for the AOS and I have a few questions.

Question 1:

My wife works only part time, so I am wondering do I have to use her as a sponsor and her father together or just her father (who makes enough income to sponsor me).

Question 2:

If I have to use both of them as sponsors (joint sponsors), what do I check off in Part A? I am very confused here.

Question 3:

On form I-864, Part 3, question 8 is says: I am sponsoring the principal immigrant named in Part 2 above.

What am I supposed to check off here if both my wife and her father are sponsors?

Any other advices when filling the application when there are two sponsors?

Thank you!

I think following will answer your questions.

Question 1: Both your wife and father-in-law should file I-864.

Question 2: Your wife should check "a. I am the petitioner." Your father-in-law should check "d. I am the only joint sponsor."

Question 3: Both should check "Yes".

Also, in sending the I-864, please do not forget to include a copy of document that prove your father-in-law is USC (such as birth certificate) -- this is explicitly requested in Part 4, question 19 of I-864.

well he is paying tax from day one so why i can not use his income in the forms

BECAUSE ITS AN ILLIGAL SOCIAL SECURITY NUMBER THATS WHY!!!!!!

I think that's because USCIS does not want to encourage immigrants to work illegally without obtaining valid visa. Even if he has/uses a valid SSN, if he is out of status and/or does not has proper work visa, USCIS will not allow to use income from such illegal worker, I think.

Regarding the use of fake SSN, we do not know whether your husband may face in prison or be excused if pays certain penalties. We also do not know whehter USCIS is obligated to inform such offense to appropriate authorities (if they find out), or whether it wouuld be automatic denial of AOS petition, or how to answer the question at the interview or in I-485 "wheter your husband has ever worked in the U.S.", etc. I think those are things you and you husband may want to consult with a lawyer before filing I-485.

So, if your husband worked illegaly, I doubt you can use his income, and you would probably need to find joint sponsor.

I forgot to check the poverly guideline before posting my response. If your household size is two, you do not need a joint sponsor as $18,000 is enough to meet 2008 poverty guideline for 2-member household in 48 states (as you noted your local office is Atlanta). You need a joint sponsor only if your household size is 3 or more.

IS FAKE SO DO HE HAS TO FILL FORM I-8764A TOO

Does he have any sort of work visa (H1b, J1, etc.)? I read several posts by people who received REF which asked to submit a proof that shows a household member whose income was used to meet the sponsor's income requirements is authorized to work. So, if your husband worked illegaly, I doubt you can use his income, and you would probably need to find joint sponsor.

Also, although illegal stay and illegal work of USC's spouse are usually forgiven, criminal act (such as identity theft) will not. So, I think you really need to talk with a lawyer before submitting I-485 and find out the consequence of using fake SSN.

I am on H1b visa working here in the states, got married to USC. We filled I130 and I-485. finger prints done. The sent us a letter to submit I-864 form. My wife never worked, never submitted a tax return before (she is housewife), however I do work, my income is about $50.000 and I have filled tax for the last three years. The questions are:

1) how should we fill out I-864?

2)is she illegible to be my sponsor (she filed I-130 for me)?

3) Can i be the sponsor?

Please help, thanks

Following is an excerpt from the instruction to I-864:

Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

So, you can use your income to help your wife's income requirement. I think the most common method to prove "the income of intending immigrant will continue from the same source after he or she obtains lawful permanent resident status" is to submit the letter from current employer stating the intending immigrant is a full-time worker (as opposed to part-time or temporary worker).

Regarding your questions,

a) following are my suggestions

• Line 22 -- check "d" and write down "I have never worked before" in the space she is supposed to provide the date her unemplyment started.
• Line 23 and 24a -- put "0.00"
• Line 24b and 24c -- put your name, "husband" and your curret annual salary
• Line 24d and 24e -- choose eitehr d or e which will be applicable to you (unless you have children immigrating with you, you should choose 24e and no need to fill out I-864A)
• Line 25 -- do not check either box, and put hand-written comment something like "I did not file federal tax return for the last three years. Please see written explanation attached to this form." (and prepare and attach explanation she did not file tax return because she did not have income for the relevant periods, etc.)
• Line 25 - -For the lines for tax years and income, I think you can do either (i) leave blank (as your wife did not report any income on tax return (i.e., not filed tax return) or (ii) put the income information of you (foreign spouse) and write hand-written comment explaining those figures are tax information of intending immigrant.

b) No. She needs to be your sponsor and fill out I-130 and sign.

c) No, unless you have earned 40 qualifying quarters (credits) of work in the United States, you need a sponsor.

Thanks for your answer, I just check with my husband and yes USCIS cashed the check pretty much a few days after receiving the package, so its been like 45 days is that a reasonable amount of time? We will make the call on monday, thank you.

That's a good news. At least you now know package was delivered and USCIS accepted your application (I think USCIS will not cash the check if they will not accept the application). 45 days seems pretty long but you should receive NOA soon. Hope you can find out anything good when you call Monday.

Also, I encourage you to read and/or post to a thread for December 2008 AOS filers where many December filers are exchanging the progress of each AOS application (It is under "Adjustment of Status Case Filing and Progress Reports" forum, which is a subforum for "Adjustment of Status (Green Card) from Family Based Visas") --also Here is the direct link. Most of December 2008 filers seem finished biometric, but some are still waiting to receive biometric appointment letter.

I am working here in US on H1b for the last 2 years and my visa will expire on October 2009. My wife is a green card holder since April 2005.We have already applied i130 on April 2006 and is still pending.

I got my H1b on October 2008. Is there any way i can change my status to greencard or something else before my H1b getting expired.

Probably I-130 petition through your wife would take another few years, and since you have already shown your immigration intent through filing of I-130, it would be hard to change your visa status to non-immigration visa (such as F-1).

So, I think most realistic option is to extend your H1b visa for another 3 years through current employer. If you already know your current employer is not willing to sponsor your H1b visa for another 3 years, I think it is time to start looking for a new employer (as you might already know, H1b has portability and it is possible to transfer your visa to other employer) -- Sorry, I do not know the detail about it, but as far as I know, you can start working for the new employer once peition for changing the employer is filed, i.e., you do not need to wait to receive USCIS approval.

I-140 is a petition for GC by employer. So before the expiration of this second 3 year H1b, you should convence your employer (or find another one) to file GC for you.

Good luck.

We are getting sponsorship from a friend of ours who lives with her parents and siblings in a joint family. She (our friend) doesn't support any of her family members as her parents are earning.

Now the question is, if she sponsors us would it be subjected to a household size of 3 (she and 2 of us) or would the household size include her parents/siblings as well?

Thanks.

Assuming your friend does not list her parents and her siblings as her dependents in her tax return, has no spouse nor children, and this is the first time she sponsor any immigrants, her household size is 2 (she and you or your spouse, whichever an intending immigrant).

Following is an except from the instruction to I-845:

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated to support.

Dependent for purpsose of Federal income tax return is very narrow (which you can find in page 18 of instruction to Form 1040) and among other things you cannot claim anybody as your dependents if one has income over $3,500 (in case of 2008), who filed joint return, to whom you provid support less than 50%. So from the reading of the post, I doubt your friend claimed her parents/siblings as her dependents in her tax return.

Also she does not need to sponsor USC spouse in the petition (either you or your spouse, whichever USC)

Got my interview notification, I'm scheduled for March 30. Yay!

Congrats elikhom.

itty_bitty, itzy and lynn&al -- Sorry for your situation. I hope all of you will receive biometric app. letter soon.