AnnB

so...my husband is studying and we live with his parents...we have our joint sponsor even though we submitted so many affidavits...

what I want to know now...is, if they can give my GC with my husband only studying? because he isn't working at this moment. is there any case similar to this?

Wait...is the stepdad the joint sponsor? Your posts are a bit confusing. It sounds like you're unclear about how the I-864 process works. You are the intending immigrant....your husband, regardless of financial ability or not is your primary sponsor (he fills out an I-864 no matter that he is unemployed and has no income), THEN if the primary sponsor's income is non-existent or insufficient, a joint sponsor also fills out one I-864. In your case, two I-864 (with the appropriate documentation) would have been needed....one from your husband and one from the joint sponsor, the family friend. How many I-864's did you provide?

My husband signed the affidavit.

My mother-in-law signed the I-864 and her husband signed an I-864A

And my joint sponsor signed the I-864 he is who meets the requirements.

This is what I was thinking, too many I-864's submitted...and the beneficiary not having on hand the supporting documentation (the W-2s from the joint sponsor) could certainly result in the outcome described. With USCIS it really doesn't matter that you already sent in the material, or that you provided it previously. You must always be prepared to show them whatever document whenever they ask for it...telling them that you don't have it will elicit grumpiness from them. OP, it sounds like you will be sent an RFE specifically requesting the supporting documentation of the joint-sponsor. Good luck.

there was everything about the joint sponsor who meets the requirements...she just wanted to see the w-2 of his step-dad

Let me get this straight...

Your husband signed an affidavit of support, but he has no income. His parents support him and claim his as a dependent on their taxes, so his parents also submitted an affidavit of support. Does this mean BOTH of his parents signed an affidavit of support? Did they sign an I-864 or an I-864A?

he signed an I-864, his mother signed another 1-864 and his step-dad signed an I-864A

But you say his parent's income isn't enough, so you ALSO got a joint sponsor, is this correct?

exactly, they signed because they told we were using their income, because he's not working he's studying. so if they income isn't enough does this mean that we are on our own and he's not working or even though they know they are helping us?

I think you made a mess of the affidavit of support requirements. There was no point in his parent's submitting an affidavit of support if they did not have sufficient income to sponsor. Even if they did, one of them would have needed to submit an I-864 and the other would have needed to submit an I-864A. They couldn't both submit an I-864 - an immigrant may have only one joint sponsor - and they couldn't both submit an I-864A in support of your husband's I-864 because HE is THEIR dependent, and not the other way around.

If your joint sponsor's income was sufficient then the only thing you should have submitted was an I-864 from your husband and an I-864 from your joint sponsor, along with the required supporting evidence.

my husband explained to the IO that he wasn't working...so his parents were helping us and that their income isn't enough and that's why we got another person.\\

I feel like we're missing something.

Did she ask any questions of your husband or only to you? May I ask what country you're from? Do you think they have any reason to suspect fraud? They can get pretty grumpy if they suspect something is up. It's their job to figure these things out.

Why would she scream at you or tell you to shut up? Everyone has bad days but that seems uncalled for.

she made a questions and in the TWO SECONDS I was looking for the taxes and answer her, she told to not say anything and she screamed at me and told me to shut up because I didn't answer on those two seconds...

I'm from venezuela, she also made questions to him, about taxes work, and that's it.

okay...I came on tourist visa... I got married after the six month expired...

she made the "NO" questions...ask for evidence...and things like that...

and I know...we sent EVERYTHING...I think it was an error from her...because before we received a RFE, because he didn't sign the affidavit...that was everything they asked for...and we sent it...then we got our interview appointment...

I think she wanted to see it there, and I didn't have it...but it has to be on the package. She started asking about him and work stuff...I told her, he wasn't working since two years ago...he was looking for a job and he didn't find anything so he entered to college. Then I told her we live with his parents...they sign an affidavit too, even though their income isn't enough because he's listed as a dependent and they are helping us, and that we got a joint sponsor, a friend of my dad, who meets the requirements. Then she didn't find the w-2 (2009) of my father-in-law and told me the interview was finished that she was going to send a letter to send her the w-2. and I am so confused because I know it was everything in the package, and I didn't have a RFE for that because the w-2 WAS THERE...the only thing was the affidavit from my husband and it was sent to them.

She was like mad...also she told me to shut up, and the she screamed at me...I don't know what to think...

Hello everyone...I was wondering if someone has gone through this,

I went to my interview today...my husband is USC...and I think the IO had a bad day...because she was so rude...my husband hasn't been working for two years...so he decided to go to college...we live with his parents, and he's listed as a dependent in their taxes so they sign an affidavit too...the income isn't enough so we got a joint sponsor a friend of the family...when we was in the interview she asked for the w-2 of his step-dad and I didn't have it, so she said that the interview was finished and she was going to send a letter asking for that...so I don't know what to think now...she was with an attitude...do you think is going to be a problem also because we live with his parents and he's only studying and not working? they are supporting us...I'm scared...

Thank you.

No. They only do that if they live with you. Instead of completing a full I-864 they sign and I-864A and their income is listed in your HUSBANDS I-864. But because the don't live with you they complete and I-864 and so does your husband (even if his income is $0)

I understand...who doesn't live with me is my joint sponsor who meets the affidavit requirements and he did sign an I-864...

my husband's parent live with me...but I'm waiting for a RFE but we made a mistake because my husband didn't sign the affidavit and they sign an I-864...and what I think is that they have to sign an I-864A and also my husband as a contract between them even though they don't meet the requirements, for their income to be listed in my husbands I-864 because he is their dependent. am I right?

You are most definitely going to receive an RFE.

Your USC husband signs an I-864 regardless of his income and also provides information from his last 3 years tax returns. If he didn't file taxes but he was supposed to, he will need to file. If he didn't file but didn't have to, he needs to provide information as to why he didn't file a return.

If his parents do not meet the requirements having THEM sign paperwork is redundant. You stated they don't meet the requirements so they sign nothing. They are irrelevant unless they meet the requirements.

Your USC husband and a sponsor who DOES meet the requirements need to fill in paperwork. If the joint-sponsor lives with you they sign an I-864A, if they don't live with you they complete their own i-864.

In both cases, your husband and the joint-sponsor provide their last 3 years tax return information where the form indicates, but only need to include the most recent years return as evidence.

I understand...Thank you...and no, the joint sponsor doesn't live with me...what I thought was that they sign a contract with my husband like that's his income because he is not working...

Hello everyone, I have sent my pack just days ago, I have a few questions about the affidavit of support...well, my husband is looking for a job right now, we're living with his parents...they sign an I-864, because my husband has no income and is listed as a dependent, so I think they are going to send a RFE because he didn't sign the affidavit and I think his parents have to sign an I-864A with him, am I right?

Also, his parent's income doesn't meet the requirements...for what I have a joint sponsor who does meet the requirements, so even though his parents don't meet the requirements is okay to sign the affidavit as a contract between the petitioner and the household member because he is not working and has no income? it doesn't matter if they don't meet the requirements because there is a joint sponsor, am I right? Thank you!

Hello, sorry if I am only talking about the same as in another topics, but I'd like you to write about every experience, I know the intent is not a problem and so many things...but I'd like to read about your cases, if somebody got married at the age or 18, I don't know so young...if not...I'd like you to share about your experience...I know so many people talking and talking about the intent...but I haven't read a case being denied for that, so if that was your case I would like to know about, any case in where the main sponsor have never worked longer than a month in all his life...and just have the co-sponsors...I just want this topic to share about your cases...

Thank you

Yea, yeah, it's illegal and visa fraud, but whose judging you for your moral compass and integrity? Do you get extra brownie points for doing it the "right, legal" way? I could've adjusted my status from my F-1 (which was valid till 07/2010) but I went the CR-1 route. My reasons were different. I obviously had no prior intent since I met my husband in college. I just really wanted him to meet my family and friends BEFORE we tied the knot. I didn't want to bring home a stranger and introduce him as my husband. The CO didn't look at ONE piece of evidence during the interview. I am certain it was because she picked up my passport and said, "Wait, when did you graduate? This is still valid." Met in person in college, no overwhelming desperation to remain in the US---> your visa is approved.

But was it an easy path? No. We were naive and thought we would be done quickly. We assumed that the fact that I lived in the U.S. for four years would mean quick processing for us. The fact that I LEFT the U.S. much, much prior to my visa expiry voluntarily shows that I am not desperate to remain in the U.S. Sort of a 'good faith' gesture. We presumed that those things would count in the +1 corner for us. Did any of those things matter? Not really, NOA2 took 118 days, NVC took 50 odd days (that was my husband's fault, though, to be honest). Sure, the interview was a breeze, but the preceding 9 months? Sheer emotional hell.

Hi, I don't know so much about all this things but a friend of mine is crazy about everything with immigration, so I have read a lot about it...I understand most of you are like, what an easy way...come here, get married and then apply for AOS...while so many people is doing the harder route...but someone in the family of my bf is an IO...what he told me? what's wrong in coming here on tourist visa? everybody does...he explained a case that was denied about visa fraud...it was:

Someone living in her home country, got married to a USC...while years both of them living there, he applied for a b2 visa to visit the us with her wife...their daughter got sick so his wife came to the us...weeks after he came to the us...WITHOUT ANY ATTEMPT TO STAY HERE...his daughter needed to stay here, so they talked about apply for AOS because of it...what happen? DENIED...VISA FRAUD...for what? because he applied for a visa TO VISIT...and came here and applied for aos...what did they tell to him? that he applied for that visa for the WRONG PURPOSE...

so what the IO wanted to tell me? you have you w.e visa student, tourist...in the moment you applied for that visa is for to VISIT OR TU STUDY...not to get a visa to visit and came here and get married...after a time...you knew that person, fell in love...IT'S OK...you get the visa for the RIGHT purpose but the things CHANGED....

to what he added...any alien WHO (by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa) WANTS TO GET A VISITOR VISA TO COME HERE AND APPLY FOR AOS IS COMMITTING FRAUD...not someone who gets their visa for the right purpose and the things changed...what he told me? so if you have your tourist visa...and you have used and you obtained that visa for the right purpose...then you fell in love with someone...why do you have to take the long process? came here and do it...that's for who doesn't have a b2 f1 j1 w.e visa...and what is visa fraud...you not having a b2 f1 j1 visa...go and get it...came here and get married...so you obtain that visa for the WRONG PURPOSE...that's why there are so many people who entered married on tourist and get their gc...or people who entered and days after get married...and get their gc...that's what an IO told me...and it makes sense to me...but I have tried to explain this so many times to my friend...but she doesn't get it...

Wow a friend of mine should have found this topic before I post another one...you guys don't know about how worried she have been frustrated about the intent stuff...because she know she didn't came with the prior intent...but everybody just say...your fine then...and she's like, is a little stupid...

Well, she and her husband are 18 and have the co-sponsors...you guys think is gonna be any problem because of their age? any case similar to this? Thank you...

I got married while out of status on tourist visa too. I went for a consultation to a lawyer, and the first thing she said was not to get married too soon (right after falling out of status) because it might look suspicious. But nor my husband or I are 18.

The way I see their situation is, that they may encounter problems for: 1. Getting married almost right after her visa expired. 2. Their age.

But it also depends on how long has she been dating her boyfriend, the amount of proof they have for their relationship, the wedding?

IMO, it looks a little weird to me that she comes to the country being 17 with no intentions of getting married, she then turns 18 and BOOM! she is married. Also she thought about applying for student visa while being in the country (you can't change you tourist visa to student visa - is this the reason she changed her mind?). Isn't this a proof of her wanting to stay here?

But anyway, a good lawyer should be able to sort things out.

She was dating him for 2 years...she lived here on a l2 visa...then they went back to their country...and she first after 4 months came here for 23 days only to be with her bf and friends...while on her visit...she talked to her mom she wanted to study here...and they talked about getting a student visa...her mom was looking for it...but her mom finally said no, I can't for other reasons...she came on oct. and her bday was on nov...after for months she decided whe had to go back...so her bf proposed to marry him because he didn't want to be without her...because of the money and everything...she had to talk to her parents about that...and finally they said. OK DO IT...and she was out of status...because everything was...at the last minute...it was a crazy decision of both of them...she didn't get married when she turned 18...she get married months after that...

Your post is confusing, at least to me, but aside from the fact that 18 is a very young age to get married, she shouldn't encounter any problems when filing for AOS. Intent is a non-issue in her case.

Theoretically, intent *can* become an issue if somebody who is already married to a US citizen enters the country with a B2 and then files for AOS, but in the real world even such cases are rarer than hens' teeth.

Sorry if it is confusing, and than you so much for your answer... yeah I know they are very young, she was scared was for the "intent" cases, because she know she didn't come here with the intention, she said "pff I was only 17 I didn't think about getting married in any moment" but, she was living here, and then she was only 4 months in her country, she was like ok, I'm fine, that's it? what about to prove it? Just because I know that I'm fine? and I didn't know what to tell her...they live with her husband's parents...they're going to be the co-sponsor, her husband is looking for a job...and they're planning to study ASAP...

but you think is there any problem with their age?

By marrying a US citizen her overstay is forgive if she entered through a port of entry with a valid document.

If she didn't come with the intent of getting married, well she didn't and she is fine

Thank you so much for you replay...but she said she have read so much about to prove that there's no intent, but also she have read so many cases but no one proves anything, because the IO don't make questions about it, but she is scared because she lived here and came back after 4 months, she is fine because there's no intent, then everyone is fine, only saying there's no intent...and then she doesn't understand about so many sites talking about intent or not, if the only thing they said there's no intent your fine, you have to prove it, but in the interview that's not even a question...you know any case denied by this? thank again!

Hello, I have so many questions because a friend of mine is a little scared, why? Well, she has her tourist visa since 6 years ago, she visited the US with her parents, then, they came back and apply for a work visa, they couldn't apply for the GC so they went back to their home country, after 4 months ( Oct 1 09) she came back again to the US, she was still 17...she came to be with her bf and friends...for 23 days, but she could be here for 6 months, she wanted to stay a little more here, and then she thought about applying for a student visa, for other reasons, she couldn't applied for it, so after 4 months here, she decided to come back to her country, but her boyfriend proposed her to marry him, he didn't want to say goodbye again...they finally got married after her I-94 expired, 17 days out of status before she got married...now they are together...they both are 18, a crazy decision but they're happy, she has now more than 17 days illegal, she has like a month and a half out of status, the husband's parents are going to be their co-sponsors...the husband is a USC...and the parents also...they meet the requirements...they already have a lawyer...but she is SCARED, for what? all the things about visa fraud, she knows she didn't come here with the intent...but she said because she lived here, and she came back after only 4 months, then she read about prove the intent...but how? she was only 18, what she leaves in her home country? nothing...her parents? the only thing is that she got married after 60 days...she is in the internet looking about the fraud and stuff...but nobody with the case of being denied because of that...all the things she have saw...

(entered married on tourist visa then AOS GC approved....entered on tourist visa after four months married GC APPROVED...entered and after a week got married on tourist visa applied for AOS APPROVED...and she is like what?) the intent questions even came out on the interview...the only case she have saw...denied for visa fraud...was someone who was already married to an USC...applied for tourist visa...came to the us because his child was sick...entered with no intent to stay...then they didn't want to come back...and applied for AOS and denied...for what? because he applied for tourist visa...and they said he got the visa...for another purpose...

the only logic reason I understand about that...is that...if you have your tourist visa...and after that...you meet that special person...and decided to get married is not fraud because you OBTAIN THAT VISA FOR THE RIGHT PURPOSE...after that...it changed...well...you're not a witch... "seeks to procure (or has sought to procure or has procured) a visa" that's what I understand...because the only case I have found about fraud...

so please if someone in the same situation...or someone who knows about any who have been denied for "visa fraud" please tell me... to understand a little more. Thanks.

PS. I hope you read all I have wrote xD sorry.