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Is it true that I can send the form I-485 and later on send form I-864 (affidavit of support)?

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Filed: AOS (pnd) Country: Nicaragua
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This is my situation. Last year’s income tax I only made $7,000 (I only worked for about 7 months in minimum wage). So when I did the affidavit of support for my husband (back then fiancé) for his K1 visa I was his first affidavit and then his uncle was his second. Both together we passed the poverty line. (that was for his K1 visa) now that we are filing for adjustment of status… we have to file another affidavit of support. The problem is that my income for last year was way below the poverty line. And his uncle cant be a joint sponsor anymore because he moved out of the house. Well this year im making way better than last. I could be his one and only affidavit of support but we would have to wait till I got this year’s W2 or do the income tax. But if we wait for that we would have to file till beginning 2009. Even if it’s a couple of days away we want to file ASAP, as of this week hopefully. So I was told I could send the rest of the paper work and later on send the I-864. Is this true? This would be a life saver. Because we would go ahead and send the rest of the docs and then on the beginning of 2009 we would send the affidavit of support.

*please leave HELPFUL comments* THANK YOU

M&G

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Filed: AOS (apr) Country: Philippines
Timeline
This is my situation. Last year’s income tax I only made $7,000 (I only worked for about 7 months in minimum wage). So when I did the affidavit of support for my husband (back then fiancé) for his K1 visa I was his first affidavit and then his uncle was his second. Both together we passed the poverty line. (that was for his K1 visa) now that we are filing for adjustment of status… we have to file another affidavit of support. The problem is that my income for last year was way below the poverty line. And his uncle cant be a joint sponsor anymore because he moved out of the house. Well this year im making way better than last. I could be his one and only affidavit of support but we would have to wait till I got this year’s W2 or do the income tax. But if we wait for that we would have to file till beginning 2009. Even if it’s a couple of days away we want to file ASAP, as of this week hopefully. So I was told I could send the rest of the paper work and later on send the I-864. Is this true? This would be a life saver. Because we would go ahead and send the rest of the docs and then on the beginning of 2009 we would send the affidavit of support.

*please leave HELPFUL comments* THANK YOU

If you file the I-485 without the I-864, it will be "suspended" fairly quickly with a request for your I-864... it will remain suspended until you can provide it...

YMMV

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Filed: AOS (pnd) Country: Nicaragua
Timeline

If you file the I-485 without the I-864, it will be "suspended" fairly quickly with a request for your I-864... it will remain suspended until you can provide it...

Hi! could you explain this to me a little better. please... thanks

M&G

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Filed: AOS (apr) Country: Canada
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This is my situation. Last year’s income tax I only made $7,000 (I only worked for about 7 months in minimum wage). So when I did the affidavit of support for my husband (back then fiancé) for his K1 visa I was his first affidavit and then his uncle was his second. Both together we passed the poverty line. (that was for his K1 visa) now that we are filing for adjustment of status… we have to file another affidavit of support. The problem is that my income for last year was way below the poverty line. And his uncle cant be a joint sponsor anymore because he moved out of the house. Well this year im making way better than last. I could be his one and only affidavit of support but we would have to wait till I got this year’s W2 or do the income tax. But if we wait for that we would have to file till beginning 2009. Even if it’s a couple of days away we want to file ASAP, as of this week hopefully. So I was told I could send the rest of the paper work and later on send the I-864. Is this true? This would be a life saver. Because we would go ahead and send the rest of the docs and then on the beginning of 2009 we would send the affidavit of support.

*please leave HELPFUL comments* THANK YOU

Sending AOS application without I-864 is tantamount of delaying your papers. May be you can send it off ASAP without I-864 but be prepared when they will ask you for RFE to provide the affidavit of support as soon possible so that that the process won't be delayed. However, affidavit of support is one of the initial evidence that's needed for AOS. Filing 2008 income tax return in the beginning of 2009 will takes a while and I doubt that will benefit you right away. If your uncle is no longer living with you guys, he can still become a joint sponsor if he willings to do so as long as his income is above the poverty limit. Remember, W-2s can be obtained usually at the end of January or 1st week of February. Just try to convince your uncle.....

"Have faith in God, Jesus answered. I'll tell you the truth. if anyone says to this mountain, Go, throw yourself to the sea, and that does not doubt in his heart but believes that what he says will happen. it will be done for him. Therefore I'll tell you, whatever you ask for in prayer, believe that you have received it, and it will be yours" (MARK 11:22-24)

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Filed: AOS (apr) Country: Philippines
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Hi! could you explain this to me a little better. please... thanks

In other words, they won't process with out it..... The I-864 is one of the few initial document that they check for... Nothing happens until they have it...

YMMV

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Filed: Other Country: China
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Hi! could you explain this to me a little better. please... thanks

In other words, they won't process with out it..... The I-864 is one of the few initial document that they check for... Nothing happens until they have it...

All true but it's worse than that. They'll only wait 30 days for the I-864 when they ask for it. If you don't comply, you lose your filing fee and start over again.

It's best to wait to file until you have the I-864.

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