AOS Many Qs >.<

[aquan2 0]

Where to begin! First of all, let me state that I'm filing for my husband (married since 01 Jan 08) who is currently in the US on an H1B visa. We met online (in an MMORPG ; P) in July of 05, subsequently fell in love and developed a 2 year online obsession with each other (I'm sure Aim can attest to this, we IMed for at least 5 hours every day). He visited me once on a tourist visa Oct 06, went back to his own country (Mexico), and there began the necessary courses for becoming a bilingual teacher in the US. In May of 2007 he was approved and received his year long renewable H1B visa and we began to look for a place to live together that would accommodate both of our cats. In July of 2007, we both flew into Texas on the same day to our new rented home and he began his job as a teacher (Sept 07). Now for the nitty gritty, sorry for the background info. Anyways, because we are on a limited budget and we both desire a bit more freedom in where in the US we can reside and he would like the option of moving on from his current job (although not necessarily soon) we were planning on filing for AOS instead of his H1B renewal which expires this year around May. My questions are mostly regarding the Affidavit of Support, as I am a student and my income falls very very far below the poverty line. We were both under the impression that he could co sponsor himself, and although he only worked from the end of Sept. onward making his 2007 tax year very short, he still made enough to meet the poverty limit. We only have his W2 form from last year, and mine(really just pennies I made) and have not filed our taxes yet, as we need to file soon to make sure there isn't an gap between when his H1B expires and when he receives permission to work in the US through AOS filing, I don't think we'll get any tax evidence back in time. Could we get a letter from his teaching district and boss stating his salary and use his pay stubs from recent months to fulfill USCIS requirements, besides having an explanation for the missing tax docs from us both? More questions sorry, he was also wondering if he had to redo his biometrics even though he had them done for his current visa and I was wondering if handwritten letters I have written him since we lived together (I write a note to him every day to put in his lunch) would be relevant for any sort of proof- there are hundreds if I also print out emails I have sent him, so I don't know if it would just end up being comic. We have other proof of residence so I'm not at all worried if they aren't necessary or helpful, bank accounts in both our names, and the lease with both our names plus many bills with my name or his at this address. Please, any advice on anything is appreciated as the poor fellow is even driving off to his doctor visit for the filing as I type. Don't have much time and we had a lawyer but the lawyer changed his mind on the monthly payments and things fell through, not to mention we lost valuable time. : (

Oh I forgot! Wondering on his birth certificate as it is in Spanish...he could translate it in a heartbeat but is that allowed and how would we go about that?

[malego77 2]

Where to begin! First of all, let me state that I'm filing for my husband (married since 01 Jan 08) who is currently in the US on an H1B visa. We met online (in an MMORPG ; P) in July of 05, subsequently fell in love and developed a 2 year online obsession with each other (I'm sure Aim can attest to this, we IMed for at least 5 hours every day). He visited me once on a tourist visa Oct 06, went back to his own country (Mexico), and there began the necessary courses for becoming a bilingual teacher in the US. In May of 2007 he was approved and received his year long renewable H1B visa and we began to look for a place to live together that would accommodate both of our cats. In July of 2007, we both flew into Texas on the same day to our new rented home and he began his job as a teacher (Sept 07). Now for the nitty gritty, sorry for the background info. Anyways, because we are on a limited budget and we both desire a bit more freedom in where in the US we can reside and he would like the option of moving on from his current job (although not necessarily soon) we were planning on filing for AOS instead of his H1B renewal which expires this year around May. My questions are mostly regarding the Affidavit of Support, as I am a student and my income falls very very far below the poverty line. We were both under the impression that he could co sponsor himself, and although he only worked from the end of Sept. onward making his 2007 tax year very short, he still made enough to meet the poverty limit. We only have his W2 form from last year, and mine(really just pennies I made) and have not filed our taxes yet, as we need to file soon to make sure there isn't an gap between when his H1B expires and when he receives permission to work in the US through AOS filing, I don't think we'll get any tax evidence back in time. Could we get a letter from his teaching district and boss stating his salary and use his pay stubs from recent months to fulfill USCIS requirements, besides having an explanation for the missing tax docs from us both? More questions sorry, he was also wondering if he had to redo his biometrics even though he had them done for his current visa and I was wondering if handwritten letters I have written him since we lived together (I write a note to him every day to put in his lunch) would be relevant for any sort of proof- there are hundreds if I also print out emails I have sent him, so I don't know if it would just end up being comic. We have other proof of residence so I'm not at all worried if they aren't necessary or helpful, bank accounts in both our names, and the lease with both our names plus many bills with my name or his at this address. Please, any advice on anything is appreciated as the poor fellow is even driving off to his doctor visit for the filing as I type. Don't have much time and we had a lawyer but the lawyer changed his mind on the monthly payments and things fell through, not to mention we lost valuable time. : (

Oh I forgot! Wondering on his birth certificate as it is in Spanish...he could translate it in a heartbeat but is that allowed and how would we go about that?

If you are unemployed you must to explain it to USCIS and the reason by you didn't file income tax in previous years. Your must provide an employment letter, too. The I-864 said that you can use the incomes for imigrating person for help you to reach the income. But if the income isn't enough you must to have a co-sponsor. I think that you have enough evidence with rent receipts, bank account together, photos... A important thing is if he'll file the 2007 income tax is better if you file together husband and wife aside that only he had income...

Related with handwritten letters I afraid that them cannot really help so much.

The biometrics I think that it would be necessary one more time, due to the fingerprints are taken on differents ways (dumbs, finger by finger, fingers togheter, whole fingerprint...) depending for what they are. If you're ask this for the paid the AOS package include it in the package price.

I translated my own birth certificate, and a lot of people here en VJ tell that they do it too. I don't think it'll be a problem. A recommendation is that you can notarize the translation. I hope this Ideas would help you.

[aquan2 0]

Where to begin! First of all, let me state that I'm filing for my husband (married since 01 Jan 08) who is currently in the US on an H1B visa. We met online (in an MMORPG ; P) in July of 05, subsequently fell in love and developed a 2 year online obsession with each other (I'm sure Aim can attest to this, we IMed for at least 5 hours every day). He visited me once on a tourist visa Oct 06, went back to his own country (Mexico), and there began the necessary courses for becoming a bilingual teacher in the US. In May of 2007 he was approved and received his year long renewable H1B visa and we began to look for a place to live together that would accommodate both of our cats. In July of 2007, we both flew into Texas on the same day to our new rented home and he began his job as a teacher (Sept 07). Now for the nitty gritty, sorry for the background info. Anyways, because we are on a limited budget and we both desire a bit more freedom in where in the US we can reside and he would like the option of moving on from his current job (although not necessarily soon) we were planning on filing for AOS instead of his H1B renewal which expires this year around May. My questions are mostly regarding the Affidavit of Support, as I am a student and my income falls very very far below the poverty line. We were both under the impression that he could co sponsor himself, and although he only worked from the end of Sept. onward making his 2007 tax year very short, he still made enough to meet the poverty limit. We only have his W2 form from last year, and mine(really just pennies I made) and have not filed our taxes yet, as we need to file soon to make sure there isn't an gap between when his H1B expires and when he receives permission to work in the US through AOS filing, I don't think we'll get any tax evidence back in time. Could we get a letter from his teaching district and boss stating his salary and use his pay stubs from recent months to fulfill USCIS requirements, besides having an explanation for the missing tax docs from us both? More questions sorry, he was also wondering if he had to redo his biometrics even though he had them done for his current visa and I was wondering if handwritten letters I have written him since we lived together (I write a note to him every day to put in his lunch) would be relevant for any sort of proof- there are hundreds if I also print out emails I have sent him, so I don't know if it would just end up being comic. We have other proof of residence so I'm not at all worried if they aren't necessary or helpful, bank accounts in both our names, and the lease with both our names plus many bills with my name or his at this address. Please, any advice on anything is appreciated as the poor fellow is even driving off to his doctor visit for the filing as I type. Don't have much time and we had a lawyer but the lawyer changed his mind on the monthly payments and things fell through, not to mention we lost valuable time. : (

Oh I forgot! Wondering on his birth certificate as it is in Spanish...he could translate it in a heartbeat but is that allowed and how would we go about that?

If you are unemployed you must to explain it to USCIS and the reason by you didn't file income tax in previous years. Your must provide an employment letter, too. The I-864 said that you can use the incomes for imigrating person for help you to reach the income. But if the income isn't enough you must to have a co-sponsor. I think that you have enough evidence with rent receipts, bank account together, photos... A important thing is if he'll file the 2007 income tax is better if you file together husband and wife aside that only he had income...

Related with handwritten letters I afraid that them cannot really help so much.

The biometrics I think that it would be necessary one more time, due to the fingerprints are taken on differents ways (dumbs, finger by finger, fingers togheter, whole fingerprint...) depending for what they are. If you're ask this for the paid the AOS package include it in the package price.

I translated my own birth certificate, and a lot of people here en VJ tell that they do it too. I don't think it'll be a problem. A recommendation is that you can notarize the translation. I hope this Ideas would help you.

Thanks for the reply!, I wish we could file jointly but we got married one day after the 2007 tax year ended, hope that doesn't cause us too much trouble.

[Cécy 44]

First off, I would advise checking out this guide:

http://www.visajourney.com/forums/index.ph...page=i130guide2

Lots of good help in it.

I would say if you can find someone else (family member or else) to file the affidavit of support, all the better. It will make things easier, because i think the affidavit of support has to be filed by a legal resident (not 100% sure, but it would make sense). Plus he can only work until may, so it's good to have that extra proof for after, that you can bring to your interview instead of stressing at the last minute that now you need a co-sponsor.

Yes he will have to redo his biometrics. They are only good for so long. People who applied for AOS and had them done already have to redo them if they name check has been taking too long, so no way he can skip that step.

Check the above guide for the best proofs you can bring. You seem to have some good ones already though.

yes he can translate his birth certificate. You have to follow a certain form under the translation. I believe you can find it on VJ and on USCIS.gov

Your case seems straight forward. I don't believe you need a lawyer since he came in the country legally with a working visa before you married.

good luck on your journey.

Edited February 14, 2008 by Cécy

[aquan2 0]

Thanks for the reply, was thinking of my parents to be a fall back co sponser just in case we needed one, my dad said that he would just its conditional on us moving closer to them. I hope we can get by with what documents we have just I'll consider using him as a cosponser...just not sure yet. I sort of have a strange relationship with my family. My husband and I dont have many friends so it have to be my family if it was anything.