SuperW

Hi... I am here on a K-1, and filed my AOS application in June 2009. We spent painstaking time and detail submitting a thorough packet of documents and evidence (most notably on the I-864 for my husband and co-sponsor). Fast forwarding to today, we have received notice that my/our AOS interview is in about two weeks. There is a checklist on the notice of what to bring, one of which states:

- A completed Affidavit(s) of Support (Form I-864) with all required evidence, including the following, for each of your sponsors (unless already submitted):

- Federal Income Tax returns and W-2;s, or certified IRS printouts, for the most recent tax year;

- Letters from each current employer, verifying current rate of pay and average weekly hours, and pay stubs for the past 2 months;

- Evidence of your sponsor's and/or co-sponsors United States Citizenship or Lawful Permanent Resident status.

In my case, all of these things were submitted last June, and the only difference now is that 2009 has ended, making it the most recent tax year. Thus, I'm assuming we'll need our 2009 tax returns, along with more recent pay stubs. What I'm wondering is this... Do we have to fill out and prepare the actual I-864 forms themselves all over again, this time with tax info from 2007, 2008, and 2009 (the ones we sent last June had 2006, 2007, and 2008 tax info)? OR, can we safely assume they already have most of this information since we already sent it in, and just bring our 2009 tax returns and more recent financial info? The checklist says "unless already submitted," but it's unclear whether that's referring to I-864 with the original information/evidence (which we already sent), or simply referring to our most recent 2009 info, if that makes sense. (If that last line is confusing, just ignore and focus on the italicized portion).

SuperW

P.S. This is kind of just a side question to the above, but do we also have to have updated letters of employment if nothing has changed since we first submitted the packet?

In the first post above, part of it states, "As it turns out the post office returned our first letter as undeliverable because it was a street address and not a P.O. Box." This makes no sense to me... I've heard of FedEx or UPS not delivering to a P.O. box, but never the USPS refusing a normal street address.

Is this what you meant to write? Or, does anybody else understand the above?

(I ask because I'm about to send my letter to reschedule via USPS, and it's going to a street address. So now I'm wondering if I'm overlooking something... )

My husband was recently given the following number to call: 1-800-375-5283 . Some people here refer to it as the USCIS number, and others say it's the NVC phone number. I'm curious which one it is, but more importantly, I'm mainly just trying to find what it's hours of operation are (not for the 24/7 automated message, but the hours during which it's sometimes possible to talk to a live person). Does anyone know? It seems like it should be simple information to find, but I've just spent over half an hour looking online without any luck. Kind of ridiculous..

Ok... This is rather embarrassing, and I aplogize if it's unusual or beyond the scope of this forum, but I'm not sure where else to get an answer. Most of the people here have seemed pretty cool so far, so perhaps you can be of some help...

My I-94 expired a few days ago, and through some past misunderstanding of certain rules, I am now in the position of being "out of status" until I get my NOA1 for AOS. The timing is rather bad, as I have just realized I'm out of birth control pills (I can already hear the snickering, but I am being serious), and am now unsure if it's safe for me to go to a doctor or clinic. In case you're wondering where I got them before, I stocked up on them before leaving for the US (point being that I have not yet established myself at any sort of medical facility here thus far). According to my husband, almost any place where you become a new patient requires some form of ID and writing down a bunch of personal info. He mentioned a place called "Planned Parenthood," saying they're more low-key and care about privacy. But he thinks even they require ID (besides my old Thailand ID card, all I have is my passport w/expired I-94), and I'm guessing their privacy policy may not apply when it comes to "illegal aliens".

Have any of the female readers here ever been in such a situation? (Or guys with their wife or girlfriend?). I suppose it could apply to being out of status and receiving any kind of first time health care in the US. Anyway, if we try anywhere, I'm guessing we'll try "Planned Parenthood." Some ideas I have include: 1). Showing up with my husband and showing them my Thai ID card, along with perhaps our marriage license, but pretending to have forgetten my passport. 2). Showing up with my passport but first removing my I-94. My K-1 visa inside my passport says the K-1 petition expires in early June, and that the K-1 visa itself expires in September. I know that technically the K-1 expires as soon as an immigrant enters the US, but I highly doubt that the average healthcare receptionist knows this.. Maybe this plus my marriage license if asked for would suffice.

Another aspect I'm wondering about is... My husband said most places usually make you write your social security number down on the "new patient" info. Given the extent to which information systems are integrated these days, I wonder if entering my SSN into their computer system could somehow show pull up a "red flag" showing them I'm out of status. I could say I don't have my SSN yet, but if they for some reason needed his, I wonder if it could then pull up mine since we're married (and somehow show a red flag). I'm guessing these SSN concerns are quite unlikely, but I don't know how this stuff works and want to be extra careful for obvious reasons.

I know what most of you are probably thinking... "Why can't her husband just keep it in his pants for a month?" It's not all about sex though. I get bad acne when going off the pill, and feel quite sick for a week or two. It's really a major hassle. "Not as big a hassle as deportation" is what I predict some may write. But for those who actually know a little about the healthcare system here or have by chance been in a similar situation, I would like to know your thoughts so I can accurately assess the situation. If you think it's a big risk, do tell me. Or if you think I'm being paranoid, tell me too. Some last info: We would be walking and/or taking the bus there to avoid the risk of getting pulled over by the police on the way there. And it appears there are no CBP (Customs and Border Protection) stations close to where I live.

I'm here on a K-1, and am now working on filing for AOS. The I-864 part can be a bit confusing. Here are some questions I have...

1). I've ran into a few statements here and elsewhere saying that a joint sponsor and a co-sponsor are not the same thing. Here is just one statement I came across:

"“I'm in the same boat as you my 2008 AGI is low so I'm going with the Joint Sponsor. I'll save you some money my attorney told me to do the joint not co-sponsor with a projected income letter for 2009 Good Luck”. Can someone explain to me the difference between the two?

2). I'm trying to figure out what which would be best for my situation. To give you a better idea... My husband made about $3000 over the 125% poverty guidelines in 2008, but will be below them this year due to getting laid off (since he will be rehired in about a month, he's conservatively estimating he'll make between $10,000 and $12,000 for 2009, and putting that for "current income"). We are living with his mom, who has agreed to be a joint sponsor or co-sponsor (we are now confused what the difference is). She will make $5000 - $6000 over the 125% poverty limit for a household of 3 this year, and has done so the the last 3 years at least - she's also had the same job for about 15 years. Having said all this... We think his mom's income and situation presents a stronger and more stable picture than my husband's at the moment. But we're trying to figure out how to best present this overall picture. Leading into my main question (still on question #2, just new paragraph)....

We gathered from another post that in this situation, the best thing to do is have my husband fill out the I-864 and have his mom fill out the I-864A, based on the fact that we live in the same household. But one thing I'm wondering is, would it make our case look a little stronger if his mom actually became a joint sponsor for me? (And if so, would she fill out a separate I-864 instead of an I-864A?). I'm a little confused whether there is a rule saying you absolutely have to use the I-864A if someone who wants to help lives in the same house, and if not, whether using two I-864's in this situation is ever allowed and/or can have any advantages.

3. Last question... In a worst case scenario, suppose my fiance and I were told that the overall financial situation is a little too tight, and were denied at our interview. Would we be allowed to find a second joint sponsor at that stage in the game, or would it be too late by that point? (I ask this because my husband's dad - divorced and living in another house - might be willing to be a joint sponsor if he had to. But it seems he wants to do that only if absolutely necessary, which we may not know until towards the end of this long process).

Sorry for the long and somewhat messy post, but hopefully a few of you can follow it and give some input.

Short answer, yes, if the I-94 is expired, and you do not have the NOA for the submission of the AOS (as in you never filed for the AOS), you are Out of Status, subject to deportation.

ICE would be the one you would be worried about, not local law enforcement.

Marriage, even if done within the 90 days, does not make them safe. NOA from the AOS makes them safe. From my reading, USCIS isn't that concerned (the ones doing the AOS process), ICE is the one that causes issues.

The NOA actually places their status legally into "applicant to adjust status"

With that said - unless you get ICE on you, your ok. There are posts here where bad things have happened, some even with the NOA, mostly time and trouble proving you are legal. (here is one example - read the 2nd page)

So - don't delay and get that AOS in on time!

Thanks... The only questions I have left are...

1). - When you say "the NOA for the submission of the AOS", that is simply the notice you receive in the mail stating they've received your application, right?

2). - If the answer to question #1 is correct... How long does it typically take to receive the above notice after mailing in your packet? (I'm assuming it would average within two weeks if I had to guess, but I'm not sure... BTW, I will be express mailing it in, if that helps the overall time estimate).

3). - If something is imperfect or even completely missing from the application (for example, a missing birth certificate or something like that)... Do they ever just send back the entire packet rather than just accepting and sending an RFE? Someone on here said this, but I'm not sure if that is misinformation or true.

Did you miss my post of the memorandum? That's about a close to an official answer that I can find. We don't know the answer.

And I just answered your PM.

Sorry - I think we were writing at around the same time and maybe there was some crossover, so I did miss the post but have seen it now. I will read your PM when I get a chance. Thank you.

The ICE are not interested in people who are following the process, The NOA of the AOS stops the clock and puts you in a safe zone, but to carry all that paperwork is just asking to misplace it. I put all my wifes stuff in our Fire proof safe and left it there until we needed it. I just took her to the department of Motor Vechiles and got her an ID card so she could go places (bank, Bar, casinos, etc....places that require ID's)

Some of last few are closer than others, but I think the main question is still being missed. If you read my post above (#5) carefully, I am talking about before the NOA of the AOS is received. Maybe it will help if I just paste the main question here:

"So I guess my main question is this... Suppose a person arrives on a K-1, gets married within 90 days, but their I-94 expires before they file for AOS. They plan to do it in a week or two, but just don't get around to it. In the meantime - before getting a chance to file or even send in their paperwork - they have a run in with law enforcement (like their fiancee gets pulled over for speeding, for example...). When all is said and done, can this person be deported? Or does the fact they got married within 90 days mean that legally, they are ok and cannot be deported?"

Does anybody know this?

Yeah, just relax...even if your I-94 expires you still have 180 days to mail it before things get hairy.

Thanks, but answered it and ignored the main question...

Just an opinion here---I think you are over worrying when you get into proof of mailing, etc. Just do a good job of your paperwork and mail as soon as you can. They don't start looking for you the day your I-94 expires. Better to have it perfect than rushed and something left out (like your check). Then they mail the whole packet back rather than giving you a NOA1/receipt of filing.

Another thing, local law enforcement (city police, state highway patrol) don't really know US immigration laws that well. Even having a NOA1 receipt might not mean a thing to them so you could find yourself explaining away despite any documentation. K1s just have that odd limbo-land where they are in between. Mostly you would be stopped for speeding or traffic violations. If you were working illegally, then your place of work could be raided. So just get on with being a law abiding citizen and you should be fine. If you are Mexican and live or visit close to the Mexican border, then yeah there might be more awareness of looking for illegals. If you're a Brit in middle America then illegals might not be the hot topic. You are safest with a green card or even an EAD, but if it came down to a state trooper turning you over to US immigration, then those are the folks who know you can stay awaiting AOS. You're wise to try to file before the I-94 expires, but if you miss it a day or two, then it's not a huge thing. If you wait a year, then you are assuming more risks, but even those people get green cards with no problems.

Thank you so much for replying. Your words sound reassuring, but I just want to be sure I understand one thing completely... In my original question, when I said "safe," I guess what I meant was "safe from being deported." Judging by part of your response, it sounds like this (deportation) cannot happen. But are you sure about this? I only ask because I'm pretty sure I saw a few other posts in here saying it can happen (of course, I forgot to bookmark).

So I guess my main question is this... Suppose a person arrives on a K-1, gets married within 90 days, but their I-94 expires before they file for AOS. They plan to do it in a week or two, but just don't get around to it. In the meantime - before getting a chance to file or even send in their paperwork - they have a run in with law enforcement (like their fiancee gets pulled over for speeding, for example...). When all is said and done, can this person be deported? Or does the fact they got married within 90 days mean that legally, they are ok and cannot be deported?

I know I probably sound paranoid, but I've learned that life can sometimes bring the unexpected, and simply want to know what my rights are.

SuperW

P.S. Since my I-94 expires on Sunday, I suppose it makes no difference whether I mail my AOS package today or next week, right? (I ask this meaning regardless of the answer to the above, but let's not let this last question take over the thread if possible. In other words, if you can answer it, great, but please don't answer it and ignore the main question ).

I guess a little of both... I'm mainly trying to figure out when to mail in my AOS application, because my I-94 expires on Sunday, but I also want to make sure the paperwork and documents are all correct (to prevent any RFE). I guess I'm a little confused what exactly determines the date it was filed. I had wanted to express mail it today with "proof of receival" option, but couldn't, so now if I mail it tomorrow I'm guessing nobody can sign for it until Monday. I'm guessing this would make it technically late in the ICE's eyes, right? (Like if I ran into one of them or a police officer in two weeks, and they saw that the date and the "proof of receipt/receiving" is showing the package arrived a day late?). I guess we'll call that scenario #1/question #1... Next question (#2) for this same scenario (nobody signing for it until Monday and running into law enforcement 2 weeks later)... What if I have my NOA1 by that point (along with all my other supporting docs)? Will I be safe then, or STILL potentially be in trouble?

Question #3, same scenario as above... What if I have proof showing that I at least mailed it before expiration? Assuming I had this plus all the same docs as above including NOA1, would I be ok?

Sorry, but one more question (#4, more general). I saw another thread saying that you know you are completely safe "once you get the I-797C, which most people call the NOA1." Is the I-797C the same NOA1 I'm talking about, (the document from USCIS acknowledging they have received your AOS application - not to be confused with postal "proof of receival" I talked about earlier). Or does it have something to do with EAD (and if so, what exactly? And does it truly keep me safe..)?

I apologize for so many questions and if that last part got too complex. I have nothing to hide, but I just don't want to have to feel like I'm "hiding" or "laying low" unless I have to - that would be an unsettling feeling. And if I do have to do that, I want to know exactly what document I need to make things things fine again if I file for AOS a few days late. Hopefully you can understand. While it would be nice to have all of the above questions answered, if you can't, 1-3 are the most important.

P.S. I apologize for not having my timeline filled in yet, but will soon - I am new here. I'm glad I've found such a nice forum though.

When applying for AOS... If my I-94 has expired, is NOA1 (showing receipt of AOS documents) enough to keep me "safe" from ICE? Or do I have to wait for NOA2 (actual approval)? I see people here who say you are safe from ICE once "NOA" is received, but I never know which one they are referring to - NOA1 or NOA2.

P.S. When I say ICE, I mean Immigration and Customs Enforcement.

Hi. I am new to this forum and would like to know more about the I-131, as I am filing for my AOS, but would like to reserve the right to travel back to my home country if necessary. I do not have a general date in mind, but am trying to keep the option open and save money by sending in the form now. So one question I have is, in this situation, would I be applying for an Advance Parole? Yes - AP/Advance Parole allows for travel/re-entry to US to a person who has a pending AOS case.

My other question is, I'm not sure what to put for Part 3 where it asks for date of departure and length of trip. Do I absolutely have to already know this info in order to apply? Or is there any way around this so that I can just reserve the right to make a trip sometime if necessary (like if a family emergency comes up, for example)?You do not need to know the exact date(s) you may be traveling - if you do, put it, otherwise you could say "Unknown" or "Summer/Fall 2009" or something similar.

When applying for AOS... If my I-94 has expired, is NOA1 (showing receipt of AOS documents) enough to keep me "safe" from ICE? Or do I have to wait for NOA2 (actual approval) ? I see people here who say you are safe once NOA is received, but I never know which one they are referring to.

P.S. When I say ICE, I mean Immigration and Customs Enforcement.

When applying for AOS... If my I-94 has expired, is NOA1 (showing receipt of AOS documents) enough to keep me "safe" from ICE? Or do I have to wait for NOA2 (actual approval) ? I see people here who say you are safe once NOA is received, but I never know which one they are referring to.

P.S. When I say ICE, I mean Immigration and Customs Enforcement.

Hi. I am new to this forum and would like to know more about the I-131, as I am filing for my AOS, but would like to reserve the right to travel back to my home country if necessary. I do not have a general date in mind, but am trying to keep the option open and save money by sending in the form now. So one question I have is, in this situation, would I be applying for an Advance Parole?

My other question is, I'm not sure what to put for Part 3 where it asks for date of departure and length of trip. Do I absolutely have to already know this info in order to apply? Or is there any way around this so that I can just reserve the right to make a trip sometime if necessary (like if a family emergency comes up, for example)?