k-1 approved not the AOS? help 1-864!!

[biggins 0]

My fiancee (canadian) has just been approved for her k-1 visa 3-4 weeks ago. are next step is for her to cross with visa and get married (can do right away) my problem is 3 weeks ago I got let go from my job

My father , who lives in separate house, can he just file a I-864 as a joint sponsor to help with income? does he also need the I-864A? we were all set before now me losing my job worries us.

also we are wondering if we should file the advanced work release separate from AOS (the advanced parole and work release is included if you file together) if it will be quicker of just file all at once? any suggestions will be of great help!

Thank you ahead of time for any help!!

Corey

[VanessaTony 3,567]

Your father, as long as he is a USC, may also file an I-864. The I-864A is only if you are living with him, so no to that. Your father would need income to support his household size plus the immigrant.

You CAN file the AP and EAD prior to AOS if you like. Not only will you pay for them but they would only be valid until the i-94 expires (90 days after entry). They take around 60 days to process so it's a huge waste of money in my opinion.

** moved from "K1 Process & Procedures" to "AOS (Family)" as this is an AOS related qn **

Edited November 14, 2010 by Vanessa&Tony

[biggins 0]

SO better to file everything with the AOS that is clear, We can do that within a week of her crossing anyway so no biggie.

now for my father filling the 1-864. my stepmother lives with him. would she have to fill out a I-864a? or is it only if she is using her income also. they file joint for IRS. My father's income is sufficient for his household and mine so that is not an issue.

[C and Lore 3]

I dont know about how it affects the speed of the documents. However as it currently stands USCIS allows you to file the work authorization and travel authorization (advance parole) concurrently as the adjustment of status (AOS) with no additional charge. Therefore you might as well file them together. As I understand if you do the AP and EAD will still take only 3-4 months to approve and receive.

You may not save much money from this benefit but every dime helps. :-)

[HeatDeath 430]

SO better to file everything with the AOS that is clear, We can do that within a week of her crossing anyway so no biggie.

now for my father filling the 1-864. my stepmother lives with him. would she have to fill out a I-864a? or is it only if she is using her income also. they file joint for IRS. My father's income is sufficient for his household and mine so that is not an issue.

She would only fill out an I-864A if her income is being used to attain the minimum income to qualify. If you don't need her income to qualify, don't involve her. It's best to keep the cosponsor configuration as small and simple as possible.

We were in a similar boat. My wife, the USC, was not working when we filed for AOS. My wife filled out an I-864, documenting her negligible income. Her mother, whom we were living with, filled out an I-864 as cosponsor, counting herself, her husband, my wife, and me as dependants, for a total household size of 4 (which she met the minimum income for easily).

Because we were living with my mother-in-law, we probably could have gotten away with her filling out an I-864A instead of another I-864, but we got approved in 2 months with no interview, so it can't have made too much difference.

[biggins 0]

with my father and stepmother filing taxes jointly how would they tell his income alone? confused a little. I file a I-864 as sponsor

my father living NOT in same household files a I-864 as the only cosponsor right. now with the joint tax return it combines both incomes so then my stepmother does in fact need the I-864A right? or can I do completely without her. they both work at a state prison (one as a Corrections officer and other as teacher) so income is not a problem.

[HeatDeath 430]

My in-laws filed jointly. I used my mother-in-law's W-2 form from her work to get her individual income.

One of the pieces of documentation that has to go with an I-864 is an employer letter stating income, so you'll get that specific info anyways. Their HR department will be able to get their separate salary figures, even if they combine them on their taxes.

Edited November 15, 2010 by HeatDeath