A few questions

[David J. Esteve 11]

First of all i wanna introduce me, I'm David, I recently married here, in Miami, with my girlfriend from Spain, and she's a US citizen.

We want start all the AOS process but we have a few questions about forms that make us afraid from make a mistake and don't get my employment

autorization, and after that, my SSN, and all this.

The first problem is on the form I-131, the Application for Travel Document, on the part 7, they say that in a sheet of paper, explain how I qualify

for an Advance Parole Document, and what circumstances warrant issuance of advance parole, and i have to include copies of any documents that i

wish considered. How can i make it??

And the other problem is in the form of affidavit, the form I-864, we don't have the return tax income that they ask for, and his father neither does,

cause he moved here with us and we don't know what to do. He will fill the I-864A, and my spouse the I-864 and we'll put in the total annual

house income, the income of my spouse and his father.

They told us to put the most recent tax income, but we don't have any of them, we never made one here, and his father is a Permanent Resident.

What we can make for fix this?? I will send all the package next week and i wanna be very sure that what we are doing. They say that if we don't

have any, put a sheet of paper explaining the reason, and i'm thinking about make that, but i hope that they don't reject my petition.

Thanks for your help!

[Nich-Nick 3,354]

For the Advance Parole you can give as a reason--In case of emergency or illness of my family in Spain.

For the income tax--

If your wife or her father lived and earned money in the US during January to December 2009, they were supposed to file a tax return if they earned more than $9350 (for unmarried people). They will have to file one still, even though it is almost 7 months past due, for your AOS to be complete. It is explained on page 8 of this form I-864

I f they didn't earn money (or not enough to file) then they can write a statrment saying they didn't have to file because they had no earnings (or not enough earnings) in 2009. The USCIS can ask you for tax returns for 2007 and 2008 if they decide they want to see more than one year, but just 2009 is all you have to mail in.

Page 9 of this document will tell the amount of earnings require filing. It depends on age, if she has children (head of household), and other things so look at the chart on p. 9 http://www.irs.gov/pub/irs-pdf/i1040.pdf

This Income Tax page may help Haven't Filed an Income Tax Return? Here's What to Do

[David J. Esteve 11]

Thanks for your help, they will write a statement as better and polite as they can, can somebody told me what can we write for the statement

be writed polite? The other problem is if they as us for the tax returns of 2007 and 2008, we will not be able to show it to them. For that reason

i'm afraid of the rejection.

The other thing that we want to do is talk with a paralegal, but we don't know where look for, cause we wanna be sure that all the documents and forms

are filled out correctly, and we don't forgive any documentation. Do you know one cheap paralegal here on Miami, FL?

Thanks a lot for all your help and support!

[Brother Hesekiel 2,236]

First, I would suggest to forget the I-131. You should get the AOS going, first and foremost. You don't tell us when and with what visa you entered the US, basically we don't know your immigration status. Think about traveling when you have your soldiers lined up, not earlier.

Secondly, your wife has to provide an Affidavit of Support for you. Even if she made no money because she's still in school (or whatever reason she may have), she is still the main figure. Assuming her income doesn't meet the requirements, you will need a co-sponsor. This sponsor, which can be her parents, need to make enough money for all people involved. Let' s say your wife still lives with her parents "at home," and her parents are willing to be the co-sponsors to your wife, then her parents, assuming it's daddy, mommy, the daughter and you (and not more children) need to make enough money to support a family of 4. Don't have the exact figures at hand but other VJ members do.

The way to prove that enough money is being made, is by providing tax returns for the past 3 years. Either your wife's parents didn't make enough money to qualify, or they failed to pay taxes. Either case is a problem for you.

Please elaborate a bit more what your situation is, why your wife didn't file taxes for 3 years and why your wife's parents didn't file taxes. I'm not sure I understand the situation correctly.

[David J. Esteve 11]

Ok, I'm sorry, i forgot completely to explain my situation.

I entered to the United States with an I-94, as a visitor, on the past 7th of June, and my I-94 ended on 4th of September.

We get married on August 27th, I was legally here, and all the people said to me that the better way for make this is to

marrying before my I-94 expires.

And this week my fathers sent to me the money for make all the process of immigration, for fix my papers and work here on US.

His father is an Permanent Resident from Spain, he gain her Residence cause her mother married on the 1982's,

and my girlfriend and he doesn't work on the United States since mid of June (he) and September (she), that

they started on her respective works. They don't made the return income tax cause they never make it here on the US, and the

last 16 years they we're working in Spain, I don't know if it will be better look for somebody who makes of affidavit of support,

supporting my girlfriend for making sure for the papers, and i have to be fastest cause on November 24th, they will rise the fees!!

I hope that these information serve you for my case!

[Nich-Nick 3,354]

There is a language difference so it is difficult to understand your story.

Is this correct:

Your wife has US citizenship?

She lived and worked in Spain in 2007, 2008, 2009?

She started working in the US in Sept 2010?

The father of your wife is not a US citizen?

The father is a US permanent resident because he married an American in 1982?

The father did not work in the US in 2007, 2008, 2009?

The father lived in Spain for the last 16 years?

How can he have a green card if he did not stay in the US? The permanent resident card is normally taken away if you go live 16 years in Spain.

Where is the mother of your wife? Is she still married to the father?

Name the people who live in your house. Is it you, your wife, and the father? Only 3 people?

[baron555 934]

First of all i wanna introduce me, I'm David, I recently married here, in Miami, with my girlfriend from Spain, and she's a US citizen.

The first problem is on the form I-131, the Application for Travel Document, on the part 7, they say that in a sheet of paper, explain how I qualify

for an Advance Parole Document, and what circumstances warrant issuance of advance parole, and i have to include copies of any documents that i

wish considered. How can i make it??

We only followed the Example Forms. Reasons was trip back to visit family. Nothing more. Don't overcomplicate it.

And the other problem is in the form of affidavit, the form I-864, we don't have the return tax income that they ask for, and his father neither does,

cause he moved here with us and we don't know what to do. He will fill the I-864A, and my spouse the I-864 and we'll put in the total annual

house income, the income of my spouse and his father.

They told us to put the most recent tax income, but we don't have any of them, we never made one here, and his father is a Permanent Resident.

Tax transcripts are available for free from the IRS. Do a Google search. They are Free!

What we can make for fix this?? I will send all the package next week and i wanna be very sure that what we are doing. They say that if we don't

have any, put a sheet of paper explaining the reason, and i'm thinking about make that, but i hope that they don't reject my petition.

Thanks for your help!

What I don't understand is who is who. David is the Beneficiary? or the USC. She is the USC?

Only the USC sends in the 864, they are sponsoring the Beneficiary. If the USC doesn't have income to meet the guidelines, then a cosponsor can be used. The 864 form is pretty clear on what info goes where. Use the Example Forms.

[Nich-Nick 3,354]

Tax transcripts are available for free from the IRS. Do a Google search. They are Free!

Baron, the problem is they did not file a tax return so there are no transcripts to order for the sponsor or household member (father).

[VanessaTony 3,567]

First

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for **

Second, in regards to AP, it is a common error for people to give you advice on "what to write for reasons for leaving" for the AP document (mentioned in section 7). The instructions quite clearly state that as an AOS applicant THAT is your reason and that you should attach the NOA1 for AOS... but as with the EAD it also says to include the NOA1 but as they're filed concurrently this doesn't apply. There is an AOS guide in my signature that has the REQUIRED document list for an AOS applicant, you'll note no "explanation" document is on it. I filed like this with no issues, and so have many others. I haven't heard of one person rejected doing it this way and won't expect it as the instructions, like I said, state it quite clearly.