Wife from Moldova who came on J1, need help

[Merrillizer 0]

Hi there everyone. New here....great site, glad I found it!

I met my wife last year when she came to NH from Moldova to work in my hometown of Hampton. She was on a J1. Her J1 expired on Sept. 30th 2008, but we were married on Sept. 26th 2008. We just sent her AOS package yesterday (01.13.2008). Off the bat, is this a problem? I was told by many that it is not, and that as long as we were married before her visa expired, she is ok here in the US and it would be ok to wait a few months to send the I-485 etc. I do realize now that we have made a few mistakes with the package we sent because I did not include the I-864 for me and our joint sponsor. Is it ok to send these after? We have a joint sponsor (and included all his tax info etc etc in the package) because I did not need to file with the IRS due to injury and I was out of work (I will be filing for 2008 though).

I guess my questions right now are...

1.) Was it ok to send the AOS package 3 months after we were married?

2.) Do I wait for a request from USCIS for the I-864's, or were they supposed to be sent with the 485, 130, 765 and 325a?

I am very worried we will be getting a notice from USCIS requesting more info and delaying my wifes ability to work. She wants to work very bad and is anxiously awaiting her EAD.

Any help is greatly appreciated. TIA

[payxibka 10,045]

1) Yes, but sooner is better than later.... later is better than never

2) They I-864 was required to be sent to the USCIS with the initial package, but the best route is probably to wait. The RFE should come fairly quickly as it is an integral part of the initial package. In the event of an RFE on the I-485, the EAD application will be suspended if the RFE comes before the EAD is approved (which in your situation is most likely). EAD will resume processing once the RFE is responded to and I-485 returns to normal processing.

Edited January 14, 2009 by payxibka

[Dakine 26]

Hi there everyone. New here....great site, glad I found it!

I met my wife last year when she came to NH from Moldova to work in my hometown of Hampton. She was on a J1. Her J1 expired on Sept. 30th 2008, but we were married on Sept. 26th 2008. We just sent her AOS package yesterday (01.13.2008). Off the bat, is this a problem? I was told by many that it is not, and that as long as we were married before her visa expired, she is ok here in the US and it would be ok to wait a few months to send the I-485 etc. I do realize now that we have made a few mistakes with the package we sent because I did not include the I-864 for me and our joint sponsor. Is it ok to send these after? We have a joint sponsor (and included all his tax info etc etc in the package) because I did not need to file with the IRS due to injury and I was out of work (I will be filing for 2008 though).

I guess my questions right now are...

1.) Was it ok to send the AOS package 3 months after we were married?

2.) Do I wait for a request from USCIS for the I-864's, or were they supposed to be sent with the 485, 130, 765 and 325a?

I am very worried we will be getting a notice from USCIS requesting more info and delaying my wifes ability to work. She wants to work very bad and is anxiously awaiting her EAD.

Any help is greatly appreciated. TIA

1.) Was it ok to send the AOS package 3 months after we were married?

SHOULD BE FINE1

2.) Do I wait for a request from USCIS for the I-864's, or were they supposed to be sent with the 485, 130, 765 and 325a?

SHOULD HAVE SENT IT. YOU MAY GET A RFE. IF NOT TAKE IT TO YOUR INTERVIEW.

Did you send a I-693?

[Merrillizer 0]

Hi there everyone. New here....great site, glad I found it!

I met my wife last year when she came to NH from Moldova to work in my hometown of Hampton. She was on a J1. Her J1 expired on Sept. 30th 2008, but we were married on Sept. 26th 2008. We just sent her AOS package yesterday (01.13.2008). Off the bat, is this a problem? I was told by many that it is not, and that as long as we were married before her visa expired, she is ok here in the US and it would be ok to wait a few months to send the I-485 etc. I do realize now that we have made a few mistakes with the package we sent because I did not include the I-864 for me and our joint sponsor. Is it ok to send these after? We have a joint sponsor (and included all his tax info etc etc in the package) because I did not need to file with the IRS due to injury and I was out of work (I will be filing for 2008 though).

I guess my questions right now are...

1.) Was it ok to send the AOS package 3 months after we were married?

2.) Do I wait for a request from USCIS for the I-864's, or were they supposed to be sent with the 485, 130, 765 and 325a?

I am very worried we will be getting a notice from USCIS requesting more info and delaying my wifes ability to work. She wants to work very bad and is anxiously awaiting her EAD.

Any help is greatly appreciated. TIA

1.) Was it ok to send the AOS package 3 months after we were married?

SHOULD BE FINE1

2.) Do I wait for a request from USCIS for the I-864's, or were they supposed to be sent with the 485, 130, 765 and 325a?

SHOULD HAVE SENT IT. YOU MAY GET A RFE. IF NOT TAKE IT TO YOUR INTERVIEW.

Did you send a I-693?

Thanks! Yes, we did send the 693 from a Civil Surgeon in Nashua, NH. So at least we did that right It was in a sealed envelope.

Ok so I guess the waiting game begins. We sent the stuff yesterday express mail, should've been in the Chicago PO BOX before 12 noon today.

Another thing that sucks, although we stapled everything together properly, we really didnt do the "cover letter" and table of contents thing like it says in the tips page here. I wish we had found those tips before hand. DOH!

[KIMCORENE 0]

Hopefully she does not have the two year home country residency requirement on her visa- that would make her ineligible to apply for AOS unless its been waived.

[milimelo 4,477]

Hopefully she does not have the two year home country residency requirement on her visa- that would make her ineligible to apply for AOS unless its been waived.

J-1s on work most likely will not have 2 year HRR. Mostly the ones who are on either US Gvt sponsored or home country gvt sponsored J-1 will have it. I know because I had the 2 yr HRR and returned back to the home country and stayed there until last year.