Need advice on applying for AOS from J-1 visa

[Daniela7777 0]

Hello everybody...thank you for reading my post.I'll be really grateful if you can give me some advice.I came to the USA on J-1 visa and got married last august(08/09) and haven't applied for AOS yet.Me and My husband(an American citizen) hired a lawyer last September and everything was going fine until the moment my husband was sent to a long-term rehab.The lawyer called off my case and said she cannot proceed before he comes home.So now he is coming home soon. I'm wondering whether we should use a lawyer or we can do the paperwork ourselves.I'm worried that because he is on probation this may cause problems with my AOS.He has almost no income for last year. That's why his mom will be our sponsor.What do you think is better to use a lawyer or do it ourselves.I'm really confused and some advice from you guys will be greatly appreciated.Thank you.

[Sponge 0]

I don't remember anything about the competency or the history of the American Citizen being an issue when we filled out the paperwork. As long as you, the intending immigrant, have a clean record, I doubt your husband's rehab is a big deal.

In addition, as long as you meet the 125% poverty line (or your co-sponsor meets the significantly higher requirements) of the I-864, I'm not seeing an issue.

[Daniela7777 0]

I don't remember anything about the competency or the history of the American Citizen being an issue when we filled out the paperwork. As long as you, the intending immigrant, have a clean record, I doubt your husband's rehab is a big deal.

In addition, as long as you meet the 125% poverty line (or your co-sponsor meets the significantly higher requirements) of the I-864, I'm not seeing an issue.

thank you for your quick reply.I guess we will be able to do the paperwork ourselves then.Our sponsor meets the requirements.I have medical and vaccination exams next week.So i guess our journey for AOS will soon begin.Thanks once again

[aleful 1,905]

thank you for your quick reply.I guess we will be able to do the paperwork ourselves then.Our sponsor meets the requirements.I have medical and vaccination exams next week.So i guess our journey for AOS will soon begin.Thanks once again

your husband is your sponsor. The petitioner is always the sponsor. Since he doesn't meet the poverty guidelines requirement, he will need a co-sponsor or joint sponsor.

[besaangel 18]

Your MIL (mother-in-law) is your co-sponsor since your husband (sponsor) doesnt meet the original 125% above poverty line... thats what the above post is saying

Edited April 26, 2010 by besaangel

[aleful 1,905]

Your MIL (mother-in-law) is your co-sponsor since your husband (sponsor) doesnt meet the original 125% above poverty line... thats what the above post is saying

thanks, If you live with your mother in law, then she is his co-sponsor. your husband, the petitioner is always the sponsor. So it depends if you live with them if she will file the i864A and your husband the i864 or she will file another i864 if she lives in a different place as a joint sponsor and your husband always has to file the i864.

[smiley1 3]

Hello everybody...thank you for reading my post.I'll be really grateful if you can give me some advice.I came to the USA on J-1 visa and got married last august(08/09) and haven't applied for AOS yet.Me and My husband(an American citizen) hired a lawyer last September and everything was going fine until the moment my husband was sent to a long-term rehab.The lawyer called off my case and said she cannot proceed before he comes home.So now he is coming home soon. I'm wondering whether we should use a lawyer or we can do the paperwork ourselves.I'm worried that because he is on probation this may cause problems with my AOS.He has almost no income for last year. That's why his mom will be our sponsor.What do you think is better to use a lawyer or do it ourselves.I'm really confused and some advice from you guys will be greatly appreciated.Thank you.

The main issue is if you have the 2 years home residency requirement on your visa...this is more important than your husband's situation. If you have the 2 year then you will need a waiver before you are applying for adjustment because if you don't have the waiver approved before AOS your application will be denied.

About your husband's situation..it does't really matter ...you are the one who will be scrutinized not him...he is still a USC even if he was in rehab...he still has the right to file the petition for you.

Since you have a sponsor I don't see any problem with the income either...so in my opinion it just the question with your visa this is the most important in my opinion ( I was denied because of a previous J1 visa so I am trying to warn other people about that since I lost a few thousands dollars because of that)

Good luck with your AOS!

[Daniela7777 0]

aleful and besaangel thank you for the clarification for a sponsor and co-sponsor( honestly i didn't know the difference until now). We live in my in-laws summer house and we pay them rent, they are always here for the weekends, I don't know if this is of any importance or will change something. But from what you said I understand that my husband will have to fill in I 864 and his mother as well.

smiley1 on my visa it is said "bearer is not subject to section 212E.Two year rule does not apply".Thank God at least this is all right.

Thank you guys so much.I'll keep you posted in this thread with how things go with our case.We're starting in 2 weeks:) Good luck to you as well.