another question about filing AOS

[dolphin1 5]

i think i need a co sponsor as my wife is part time student,she doesnt work and she doesnt pay taxes,but her incomes are about 20000 $ a year.if we file the aos and we will get a RFE, will they stop everything till we find a solution or the process of the aos will still going ?.just i want to know if the RFE stops everything.im really scared as we cant have a co sponsor.

[Lona.C. 16]

i think i need a co sponsor as my wife is part time student,she doesnt work and she doesnt pay taxes,but her incomes are about 20000 $ a year.if we file the aos and we will get a RFE, will they stop everything till we find a solution or the process of the aos will still going ?.just i want to know if the RFE stops everything.im really scared as we cant have a co sponsor.

Take a look at the poverty guidelines http://www.uscis.gov/files/form/I-864P.pdf

incase you get a RFE yes your case will be pending till further notice

[Liebi 0]

I don't think your wife qualifies to be your sponsor and file I-864 without a co-sponsor, since she is not working and not paying taxes. That means, if you file AOS now without a co-sponsor you will get a RFE for sure and USCIS will not procees your case at all until that issue is solved and you submit all needed paperwork.

We received a RFE for the I-864 (forgot to send one sheet of paper). We had 87 days to submit the missing documents. On the RFE it said, failing to submit the missing evidence will result in a denial of the AOS application. So I strongly recommend to get that sponsor problem solved before you send your AOS of.

[dolphin1 5]

people r affraid to be joint sponsors,so i dont think we'll have a joint.i think i'll just lose the 1010 $ .my wife told me that the co sponsor will be always responsable about everything can happen, like in a car accident if i cause it and wont pay , the co sponsor will be responsable to pay.is that true? what i read about the sponsor matter is that he or she will be responsable just if i get money or aids from the government .

[Liebi 0]

You said your wife makes about $ 20,000 a year and doesn't pay taxes. Does she file? Is she exempted from paying taxes and has an official document stating that?

With that income she earns enough to be above the 2008 poverty guidelines for a household size of 2 people.

Like I said, if you send your AOS application of without adding the sponsor's tax documents of the most recent tax year or official proof why she did not have to file and proof of employment or self-employment you will get a RFE for it and if you fail to submit those documents within 3 months after you got the RFE your case will automatically be denied. You would eventually have to leave the country. What I'm trying to say is: you will have to solve that issue if you want to have EAD and GC. There is no way around it.

So I think it's better to hold of on filing AOS right now and go ahead and clarify the sponsor issue and file when that problem is solved.

You entered on a K1 and got married within 90 days. You may be out of status, but you are not illegal. There is no timeline on when to file for AOS after marriage and you are good to stay in the US. Of course it's not a good situation to be in since you are not work authorized and everything but it's better than risking a denial.

You are right, the sponsor is responsible for the immigrant/permanent resident. That's so he/she can't go ahead and simply apply for public benefits etc. without having even worked and paid taxes in the US. That's what the sponsor is for, to make sure you don't become a public charge. Only after having worked and paid taxes, social security etc. for 10 years you are eligible for public beneftis. USCIS worries about welfare and public benefits, I have never heard of a sponsor being responsible for a car accident you might have caused - that's what the insurance is for, right?

[Minya's wife 24]

i think i need a co sponsor as my wife is part time student,she doesnt work and she doesnt pay taxes,but her incomes are about 20000 $ a year.if we file the aos and we will get a RFE, will they stop everything till we find a solution or the process of the aos will still going ?.just i want to know if the RFE stops everything.im really scared as we cant have a co sponsor.

How many people in your household? If two, then $20,000 is sufficient to sponsor, as according to the 2007 Poverty Guidelines, in the link provided to you by Lona.C. you need $17,112 to be at 125% of the poverty guidelines. If more people are in the household, then the 20K income does not suffice. The more troublesome issue is the lack of paying taxes, as you need that to prove the 20K income you're talking about. Without being able to prove your income....and showing that you pay taxes, it is more likely that they will not issue you an RFE, they will reject your AOS since proof of financial sponsorship is one of the requirements for AOS.

But if they should give you an RFE, it will bring the whole AOS process to a standstill until you reply to the RFE, they will not keep going....just stop and wait for you.

good luck,

-P