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My fiance and I are getting married on the 13th of June. We are filling out the 130, 485, 765 first and sending it in as soon as we are married (like the 15th we'll mail it all).

I am currently unemployed but will be getting a job soon so that I can prove that I have the necessary means to hit the % over poverty level. When are they going to need my proof of income? I have all previous years taxes, etc. But I didn't see a place on these forms where it's asking me for the financial information. I just want to make sure I've got the job in place by the time they are going to want to know.

So, at which point in the AOS process do they require the proof?

Thank you!

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You have to prove it when you send in your AOS package.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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We are getting married on the 13th. His expiration date of his VWP is June 15th. We were going to post date and mail on the 15th.

Hmmm, so which would be better?

Option A: Mail in the 130, 485, 765 with my unemployment benefits showing $539 a week for the next six months, previous years tax records showing my salary of $50k plus a year, plus letter of intent to find a job. And then provide update as soon as I get a job.

Option B: Delay mailing the forms until I have a job, knowing we pass his VWP expiration date?

What do you think?

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I wouldn't file pass the expiration date of the VWP - you wan't to freeze the status ASAP.

Letter of intent to find a job won't work. (only firm job offers would). If you include this years tax transcripts - they may accept that, if not, you will get an RFE.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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I wouldn't file pass the expiration date of the VWP - you wan't to freeze the status ASAP.

Letter of intent to find a job won't work. (only firm job offers would). If you include this years tax transcripts - they may accept that, if not, you will get an RFE.

What's an RFE?

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I wouldn't file pass the expiration date of the VWP - you wan't to freeze the status ASAP.

Letter of intent to find a job won't work. (only firm job offers would). If you include this years tax transcripts - they may accept that, if not, you will get an RFE.

What's an RFE?

Request for evidence

:guides: will answer most questions :)

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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We are getting married on the 13th. His expiration date of his VWP is June 15th. We were going to post date and mail on the 15th.

Hmmm, so which would be better?

Option A: Mail in the 130, 485, 765 with my unemployment benefits showing $539 a week for the next six months, previous years tax records showing my salary of $50k plus a year, plus letter of intent to find a job. And then provide update as soon as I get a job.

Option B: Delay mailing the forms until I have a job, knowing we pass his VWP expiration date?

What do you think?

Did you file a 2008 tax return? This is what they will look at. Someone correct me if this is wrong? :)

And yes, it would be better for him to not accumulate overstay before you file.

Edited by trillium13
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We are getting married on the 13th. His expiration date of his VWP is June 15th. We were going to post date and mail on the 15th.

Hmmm, so which would be better?

Option A: Mail in the 130, 485, 765 with my unemployment benefits showing $539 a week for the next six months, previous years tax records showing my salary of $50k plus a year, plus letter of intent to find a job. And then provide update as soon as I get a job.

Option B: Delay mailing the forms until I have a job, knowing we pass his VWP expiration date?

What do you think?

Option A sounds good. Does the $539.00/week meet the poverty guidelines? If not they will probably ask you for a co-sponsor and send you an RFE. If you have a job at that time, you can get a letter from your employer indicating annual salary, if you don't then you will probably have to get a co-sponsor. They are concerned with your current income, and not so much with previous or potential income.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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We are getting married on the 13th. His expiration date of his VWP is June 15th. We were going to post date and mail on the 15th.

Hmmm, so which would be better?

Option A: Mail in the 130, 485, 765 with my unemployment benefits showing $539 a week for the next six months, previous years tax records showing my salary of $50k plus a year, plus letter of intent to find a job. And then provide update as soon as I get a job.

Option B: Delay mailing the forms until I have a job, knowing we pass his VWP expiration date?

What do you think?

Did you file a 2008 tax return? This is what they will look at. Someone correct me if this is wrong? :)

And yes, it would be better for him to not accumulate overstay before you file.

I think you also need to provide proof of current income. We sent in paystubs and a letter from my husband's employment.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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Filed: AOS (apr) Country: England
Timeline

You can also have a co-sponsor with a friend or family member if you can't meet the target.

12/10/08 - Sent I-130/I-485/I-765 from VWP

12/16/08 - Received

02/13/09 - I-765 Biometrics

02/17/09 - I-485 Biometrics

04/23/09 - Interview - Approved!

04/27/09 - Card production ordered

05/02/09 - Welcome to America letter

05/06/09 - Green card received!

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Filed: Citizen (apr) Country: Pakistan
Timeline

I think you will need to have to show a consistent income. Un-employment benefits wont look well during interview and processing since the applicant is being sponsored by someone who himself/herself is a liability on the State. Whereas you are assuring that you are supporting your spouse, you need to have a confirm job. You will be required to bring pay-stubs of the last 3 months atleast when appearing for the interview and while filing for AOS. File the AOS along with the last years Tax returns and in the meantime work harder to get a job. They might not ask for the pay-stubs and they might send an RFE. In that case just hope you have already found a job, or be prepared to have a co-sponsor.

IR5 For Parent

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