finishing up AOS, a couple last questions

[Spiky 0]

Ok, my wife is just about done filling out her AOS, but we have some questions...

First, this is the list we have to send away with the packet, hoping it's 100% correct:

- Payment in the amount of $1010 USD.

- I-485

- I-765

- I-131

- I-693

- G-325A and attachment

- 2 passport style photos

- copy of birth certificate

- copy of marriage certificate

- copy of non US Citizen Spouses 1-49 front and back, k-1, and biographic page

- copy of NOA2 "Approval" for I-129F

Also, the address, no matter WHERE you live in the US, goes to the Chicago address for priority mail?

Oh, and a question for the I-864: under question 21 about household size, do I put family/roomates that might be living in the household, or just beneficiaries in specific?

Lastly, there's a bit of a worry we have encountered... After going through the point of entry into the States and even after visiting an immigration office, we were given unclear information about how the AOS works out. We were told many different things, and no one had told us that one of the papers involved having a work permit... Now, my wife had found a job and started working a few months after entering, after receiving a SSN no problem. We thought as long as we got that it would be fine, until we saw what was in the paperwork. This was BEFORE we found out we had more paperwork to do to receive a Green Card (since we heard much differently from several other sources...) The job was then used to save UP for the $1010 for the AOS fee...

Will there be troubles when filing the papers because of this? We are sending out the I-765 regardless, especially because we are worried! Will this cause problems when filing and/or when taxes next year need to be done? Is she even allowed to fill out for taxes? Is she even able to file for taxes back in Canada next year, since we took so long in getting the AOS done (because we didn't know we had to do it...) and is currently considered an unemployed resident there (since the status wasn't changed yet)?

We had no idea that she was not allowed to work until then, we didn't know because officials were not clear on the information...

I'm sorry this is alot of questions, but we just want to be sure on these things before sending it out! Thank you for your help!

Edited November 17, 2010 by Spiky

[nickbits 43]

I sent 6 passport photos, 2 for each app (485,131,765). Not really sure which way is right.

[baron555 934]

Ok, my wife is just about done filling out her AOS, but we have some questions...

First, this is the list we have to send away with the packet, hoping it's 100% correct:

- Payment in the amount of $1010 USD. To Department of Homeland Security

- I-485

- I-765

- I-131

- I-693 (Sealed envelope plus a copy of the DS-3025 if you have that)

- G-325A and attachment

- 2 passport style photos No 6 total, 2 for each form, 485, 765, 131

- copy of birth certificate Including translation into English

- copy of marriage certificate STamped, certified copy only, not a copy of that, one with the stamp on it.

- copy of non US Citizen Spouses 1-94 front and back, k-1, and biographic page 3 total, one set for each form

- copy of NOA2 "Approval" for I-129F

Also, the address, no matter WHERE you live in the US, goes to the Chicago address for priority mail? Yes

Oh, and a question for the I-864: under question 21 about household size, do I put family/roomates that might be living in the household, or just beneficiaries in specific? Total up everyone that you list as a IRS dependent, you, your new spouse plus any children or others that you list on your taxes as dependents.

Lastly, there's a bit of a worry we have encountered... After going through the point of entry into the States and even after visiting an immigration office, we were given unclear information about how the AOS works out. We were told many different things, and no one had told us that one of the papers involved having a work permit... Now, my wife had found a job and started working a few months after entering, after receiving a SSN no problem. We thought as long as we got that it would be fine, until we saw what was in the paperwork. This was BEFORE we found out we had more paperwork to do to receive a Green Card (since we heard much differently from several other sources...) The job was then used to save UP for the $1010 for the AOS fee...

Will there be troubles when filing the papers because of this?

Without the EAD or the GC, she is working illegally. She should stop working now.

We are sending out the I-765 regardless, especially because we are worried! Will this cause problems when filing and/or when taxes next year need to be done?

No

Is she even allowed to fill out for taxes?

She is not working legally but should file for taxes either jointly or separately. ALWAYS pay your taxes; ask Al Capone what will happen if you do not, even for illegal income from booze.

Is she even able to file for taxes back in Canada next year, since we took so long in getting the AOS done (because we didn't know we had to do it...) and is currently considered an unemployed resident there (since the status wasn't changed yet)?

We had no idea that she was not allowed to work until then, we didn't know because officials were not clear on the information...

It's very clear here on VJ.

I'm sorry this is alot of questions, but we just want to be sure on these things before sending it out! Thank you for your help!

[soon2batexan 3]

Keeping a list is a great idea!

What is G325A and attachment? What's the attachment? I guess I'll have to go back and check the form instructions. If anyone can shed light on this, though, that'd be great!

[VanessaTony 3,567]

Keeping a list is a great idea!

What is G325A and attachment? What's the attachment? I guess I'll have to go back and check the form instructions. If anyone can shed light on this, though, that'd be great!

Some people (like me) worked a lot, or moved a lot and therefore have extra sheets with their address and work that don't fit on the form.

[VanessaTony 3,567]

Ok, my wife is just about done filling out her AOS, but we have some questions...

First, this is the list we have to send away with the packet, hoping it's 100% correct:

- Payment in the amount of $1010 USD. To Department of Homeland Security

- I-485

- I-765

- I-131

- I-693 (Sealed envelope plus a copy of the DS-3025 if you have that)

- G-325A and attachment

- 2 passport style photos No 6 total, 2 for each form, 485, 765, 131

- copy of birth certificate Including translation into English

- copy of marriage certificate STamped, certified copy only, not a copy of that, one with the stamp on it.

- copy of non US Citizen Spouses 1-94 front and back, k-1, and biographic page 3 total, one set for each form

- copy of NOA2 "Approval" for I-129F

Also, the address, no matter WHERE you live in the US, goes to the Chicago address for priority mail? Yes

Oh, and a question for the I-864: under question 21 about household size, do I put family/roomates that might be living in the household, or just beneficiaries in specific? Total up everyone that you list as a IRS dependent, you, your new spouse plus any children or others that you list on your taxes as dependents.

Lastly, there's a bit of a worry we have encountered... After going through the point of entry into the States and even after visiting an immigration office, we were given unclear information about how the AOS works out. We were told many different things, and no one had told us that one of the papers involved having a work permit... Now, my wife had found a job and started working a few months after entering, after receiving a SSN no problem. We thought as long as we got that it would be fine, until we saw what was in the paperwork. This was BEFORE we found out we had more paperwork to do to receive a Green Card (since we heard much differently from several other sources...) The job was then used to save UP for the $1010 for the AOS fee...

Will there be troubles when filing the papers because of this?

Without the EAD or the GC, she is working illegally. She should stop working now.

We are sending out the I-765 regardless, especially because we are worried! Will this cause problems when filing and/or when taxes next year need to be done?

No

Is she even allowed to fill out for taxes?

She is not working legally but should file for taxes either jointly or separately. ALWAYS pay your taxes; ask Al Capone what will happen if you do not, even for illegal income from booze.

Is she even able to file for taxes back in Canada next year, since we took so long in getting the AOS done (because we didn't know we had to do it...) and is currently considered an unemployed resident there (since the status wasn't changed yet)?

We had no idea that she was not allowed to work until then, we didn't know because officials were not clear on the information...

It's very clear here on VJ.

I'm sorry this is alot of questions, but we just want to be sure on these things before sending it out! Thank you for your help!

Baron is wrong. The marriage certificate is a REGULAR photocopy. Not a certified copy. You can send certified of course but sometimes those cost money and the paperwork only requests a regular photocopy anyway.

The AOS thread in my signature has the full list of documents required. I too am surprised you claim you didn't know about AOS. Not only is it told to her at the K1 interview, information about it is also typically given on a piece of paper when the K1 is approved, and then at POE they tend to remind people (not always) that AOS is required.

There is no penalty for working illegally unless she is caught. Her income cannot be used to help "boost" your income in the Affidavit of support because she was working illegally. If she is caught working by ICE she will be punished. Usually a heavy fine for her and the company. Ignorance of the rules isn't an excuse and she probably will be locked up in detention until you pay to bail her out. So STOP WORKING. Her work should have asked her for proof she can work NOT TO MENTION when she got her SSN it says "DHS Authorisation Required" on it.. what did you think that meant?????

Edited November 18, 2010 by Vanessa&Tony