AOS. Having a hard time finding some info.

[Aloe 10]

I am an Australian Citizen and my partner is a USC. In DEC, 2006 I was an exchange student and stayed with my SO's family for a few months. I returned to Australia in October '07 and saved up my money as quickly as possible to return to the States and visit my host family. In November '08 I returned to the US on a B-2 visa. I applied for a 3 month stay and was granted a 6 month stay. I have decided to extend my stay which requires changing my return ticket from Feb 15th to sometime towards the end of April beginningof May. My SO and I have discussed getting married but have not completly decided on whether or not that is what we are going to do. We thought that researching what is needed to be done before commiting to it is our best option. We do not want to do anything wrong and risk getting in to any problems with immigration so I have a few questions to ask.

I do not know how we would prove a bonafide marriage... I am an Australian citizen therefore we cannot have a joint bank account or hve both of our names on a lease or own assets together as I am not allowed to do those things here. How do I get around that?

My SO himself does not have W2's he has not been in the workforce long enough to have them and would not reach the required 125% above the poverty level to "prove" he can support me. However, we are living with his parents. Is it possible for them to fill in the I-864 instead as they are a part of my SO's household? I am very confused with this. We have enough money to live on particularly because we are not having to pay rent or bills. My SO does make enough to allow us the things we need and food but it does not meet the 125% and he has no W2's. How do we work this out? His parents are willing to fill in these forms for us.

Any advice would be greatly appreciated.

Thanks

[alexpapa 4]

I do not know how we would prove a bonafide marriage... I am an Australian citizen therefore we cannot have a joint bank account or hve both of our names on a lease or own assets together as I am not allowed to do those things here. How do I get around that?

Yes you can, you can do all of those things.

My SO himself does not have W2's he has not been in the workforce long enough to have them and would not reach the required 125% above the poverty level to "prove" he can support me. However, we are living with his parents. Is it possible for them to fill in the I-864 instead as they are a part of my SO's household? I am very confused with this. We have enough money to live on particularly because we are not having to pay rent or bills. My SO does make enough to allow us the things we need and food but it does not meet the 125% and he has no W2's. How do we work this out? His parents are willing to fill in these forms for us.

He still needs to fill in an I-864, but his parents (or just one of them) can be co-sponsors.

Considering you are here on a B visa, you may need to prove that you intended to return to Oz, so make sure you have evidence of ties to your home country.

If you file for AOS, you must not leave the country until you have your greencard in hand.

If you decide to return home, you will go through the K1 visa process (or K3 process if you get married before leaving)

[Aloe 10]

Can he file an I-864 if he has no W2's he works along side his sister to help her she is paid and taxed and just gives him the money he earned so the money is being taxed but through his sister instead so he cannot receive a W2.

[payxibka 10,047]

Can he file an I-864 if he has no W2's he works along side his sister to help her she is paid and taxed and just gives him the money he earned so the money is being taxed but through his sister instead so he cannot receive a W2.

then what he is getting is a "gift" and not income....

[Aloe 10]

So he cannot file an I-864 therefor, neither can his parents?

[payxibka 10,047]

So he cannot file an I-864 therefor, neither can his parents?

if the parent's qualify and are willing they surely can

[Aloe 10]

I was under the belief that the sponsor HAD to be my SO as he is the one petitioning for me to stay. Then his parents could become joint sponsors.

I am confused as my SO's household income would INCLUDE both of his parents income but he cannot initially file anything because he has no W2's but his parents cannot be the only sponsor as they are not the ones who are petitioning for me to stay. IF they were the only ones sponsoring me is that not classing them as a substitute sponsor? (which cannot happen because that intended for those whose original sponsor has passed away.)

I am really confused and am probably looking way too deep into this. I apologise and appreciate your patience.

[payxibka 10,047]

I was under the belief that the sponsor HAD to be my SO as he is the one petitioning for me to stay. Then his parents could become joint sponsors.

I am confused as my SO's household income would INCLUDE both of his parents income but he cannot initially file anything because he has no W2's but his parents cannot be the only sponsor as they are not the ones who are petitioning for me to stay. IF they were the only ones sponsoring me is that not classing them as a substitute sponsor? (which cannot happen because that intended for those whose original sponsor has passed away.)

I am really confused and am probably looking way too deep into this. I apologise and appreciate your patience.

He will submit an I-864 but without qualifying income... thus the need for assistence

[Aloe 10]

Is the fact tht he will have to fill it out with ZERO income going to jeopardise our petition? Is it necessary for him to have SOME income?

Sorry again. It's just if we are going to do this I want to get it right.

[payxibka 10,047]

Is the fact tht he will have to fill it out with ZERO income going to jeopardise our petition? Is it necessary for him to have SOME income?

Sorry again. It's just if we are going to do this I want to get it right.

no, that is why you have assistance from parents...