QUESTIONS QUESTIONS AND MORE QUESTIONS

[patient2010 93]

My husband and I are filling out the forms for the AP and I wanted to know what should we write as an explanation as to why we should be granted the AP and also what supporting documents did you submit to justify your reasoning.

2nd question is: As we are filling out the Affidavit of support docs it ask how many immigrants am I sponsoring then it goes on to ask if you are married. well my question is this I put one for the number of immigrants and I put 1 for married but when I add the numbers up it gives me 3 and that is not the correct number there is only 2 in our household. so should I not put the number 1 where it ask if I am married? I looked at the sample forms here on VJ and it leaves it as zero should I follow that example? Thanks GUYS for all your help you guys are awesome!!!!

[YuAndDan 153]

1) No explanation needed other that "To be able to return home for visit while waiting for I-485 approval" No set date needed.

2) Your spouse IS the immigrant, you do not count spouse twice, in this case do not count as spouse. The spouse line has to do with cases where you are sponsoring another immigrant, such as a step-child.

[Maxbar209 0]

1) No explanation needed other that "To be able to return home for visit while waiting for I-485 approval" No set date needed.

2) Your spouse IS the immigrant, you do not count spouse twice, in this case do not count as spouse. The spouse line has to do with cases where you are sponsoring another immigrant, such as a step-child.

I Second this answer, i remember when i saw this on the form also, i did a double take :-)

[YuAndDan 153]

I Second this answer, i remember when i saw this on the form also, i did a double take :-)

I-864 specifically says "Do not count someone twice" that is not confusing to me, Logically, if the form is for sponsoring a spouse, then spouse is sponsored immigrant so is counted as immigrant, not counted as spouse.

[VanessaTony 3,567]

My husband and I are filling out the forms for the AP and I wanted to know what should we write as an explanation as to why we should be granted the AP and also what supporting documents did you submit to justify your reasoning.

2nd question is: As we are filling out the Affidavit of support docs it ask how many immigrants am I sponsoring then it goes on to ask if you are married. well my question is this I put one for the number of immigrants and I put 1 for married but when I add the numbers up it gives me 3 and that is not the correct number there is only 2 in our household. so should I not put the number 1 where it ask if I am married? I looked at the sample forms here on VJ and it leaves it as zero should I follow that example? Thanks GUYS for all your help you guys are awesome!!!!

There is no part where you write on the form your reasons as to why it should be granted. There is a section that asks you to attach a piece of paper explaining it BUT if you read the instructions it explains that for AOS you need only include your NOA1, but as with the EAD (which also requires that) when filed concurrently the NOA1 isn't required and therefore there is NO attachment required. There is an AOS thread in my signature that has the required doc list. You'll see no explaination attachment is on that list. I was approved with no RFE's and I simply followed that list (of course it matters that you fill in the forms correctly etc).

The I-864 form states "do not count anyone twice". The i-864 wasn't designed just for you. It was designed for say, your co-sponsor as well (if you have one), and if THEY are married then they would put a one there AND in the immigrant section.

[patient2010 93]

1) No explanation needed other that "To be able to return home for visit while waiting for I-485 approval" No set date needed.

2) Your spouse IS the immigrant, you do not count spouse twice, in this case do not count as spouse. The spouse line has to do with cases where you are sponsoring another immigrant, such as a step-child.

ok thanks that is what I thought about counting the spouse and immigrant issue I just wanted to be sure thanks bunches!!!!

Edited January 10, 2011 by patient2010

[patient2010 93]

There is no part where you write on the form your reasons as to why it should be granted. There is a section that asks you to attach a piece of paper explaining it BUT if you read the instructions it explains that for AOS you need only include your NOA1, but as with the EAD (which also requires that) when filed concurrently the NOA1 isn't required and therefore there is NO attachment required. There is an AOS thread in my signature that has the required doc list. You'll see no explaination attachment is on that list. I was approved with no RFE's and I simply followed that list (of course it matters that you fill in the forms correctly etc).

The I-864 form states "do not count anyone twice". The i-864 wasn't designed just for you. It was designed for say, your co-sponsor as well (if you have one), and if THEY are married then they would put a one there AND in the immigrant section.

thanks for your input I am following the guide in your timeline it is awesome and you are correct it doesnt say write the explanation on the form it says on a separate sheet of paper which is what I was refering to. also is it NOA1 or NOA2 I thought it was NOA2? Thanks for being so specific..... Ok thanks I got the not to count anyone twice and I will go back and redo that section to only count my husband once as the immigrant so that our household size will be correct at "2" thanks bunches

[VanessaTony 3,567]

thanks for your input I am following the guide in your timeline it is awesome and you are correct it doesnt say write the explanation on the form it says on a separate sheet of paper which is what I was refering to. also is it NOA1 or NOA2 I thought it was NOA2? Thanks for being so specific..... Ok thanks I got the not to count anyone twice and I will go back and redo that section to only count my husband once as the immigrant so that our household size will be correct at "2" thanks bunches

Sorry for confusing you.

For the AOS package, the NOA2 from your K1 is attached.

The NOA1 I was referring to was from AOS for the EAD and AP. To explain (tell me if this is confusing) in the AP instructions they ask you to show your eligibility for AP by attaching a separate piece of paper. In the instructions it explains that if you're applying for AP based on AOS, then you can attach the NOA1 from AOS. For both AP and EAD they actually require the NOA1 from applying for AOS to waive the fee but because you're filing the EAD and AP at the same time as AOS you can't attach the NOA1 for them, so you don't have to. So just as with waiving the fee, the separate piece of paper that WOULD be the AOS NOA1 doesn't need to be attached because you're filing AP with AOS.

So basically, like with the waiving of the fee where you're supposed to attach the NOA1 from AOS but can't, because you're attaching the AP application to the AOS application you don't attach ANY separate piece of paper explaining your eligibility. Make sense?

The AOS thread has the list of required docs so don't worry

[patient2010 93]

Sorry for confusing you.

For the AOS package, the NOA2 from your K1 is attached.

The NOA1 I was referring to was from AOS for the EAD and AP. To explain (tell me if this is confusing) in the AP instructions they ask you to show your eligibility for AP by attaching a separate piece of paper. In the instructions it explains that if you're applying for AP based on AOS, then you can attach the NOA1 from AOS. For both AP and EAD they actually require the NOA1 from applying for AOS to waive the fee but because you're filing the EAD and AP at the same time as AOS you can't attach the NOA1 for them, so you don't have to. So just as with waiving the fee, the separate piece of paper that WOULD be the AOS NOA1 doesn't need to be attached because you're filing AP with AOS.

So basically, like with the waiving of the fee where you're supposed to attach the NOA1 from AOS but can't, because you're attaching the AP application to the AOS application you don't attach ANY separate piece of paper explaining your eligibility. Make sense?

The AOS thread has the list of required docs so don't worry

Thanks I think I understand everything now if I have more questions I will be sure to ask you thanks a millione