Immediate Relative Green Card

[freebird1178 0]

Greetings to all !!!

I am filing I 130/ I 485/I 864 concurrently with regard to my wife(F-1)status. I am a naturalized citizen and we from the same country. This is our first marriage for both of us. She has maintained F-1 status so far. Unfortunately, she has worked using her Social security outside of her campus. she has filed taxes for both year she worked. I know I have to mention that and I will. Here are few questions I 've encountered.

1. what are the chances of I 485 denial due to unauthorized work?

2. Does she has to maintain F-1 status once we got recipt from USCIS?

3. Regards to I 864, I do not meet Poverty line for 2 household member. I have a joint sponsor, who is green card holder. He has 2 kids, wife and himself(which makes 5 household member incl. my wife i,e P LEVEL = 32,712). He has filed joint tax return with his wife for last 3 years and has gross income around 33k (i,e. for both he and his wife ). So Can i use him as Sponser? if yes, Should his wife file I 864A?

I appologize for lengthy statements, tried to make it clear. Any suggestion would be greatly appreciated !!! Thanks in Advance.

[Penguin_ie 5,995]

1. She files taxes on the income, so there should be no problem- these things are irrelevant if AOSing based on marriage to a USC.

2. Not as far as I know, but not sure.

3. Technically yes (and yes, the wife needs to file I-864A), but he is very very close. Normally, they like co-sponsors to be comfortably over, so if you have another possible co-sponsor, or he has assets he can list, do that.

[Anh map 2,098]

Her working of campus should not be an issue for the Adjustment of Status

Assuming the AOS petition is successful maintaining the F1 isn't needed.

The affidavit of support is not an area where things can be vague. One dollar short does not meet the requirement. What is their 2011 income like? Will it end up exceeding the requirement for the year? That will be the most important number. If both incomes are needed to meet the requirement then one completes an I-864, the other an I-864A.

[freebird1178 0]

Thank you Penguin and Anh map for quick response !!!

Going through forum and you guys response, I kinda figured question 1&2, would be okey to go ahead.

Sounds like I 864 would be a big issue for me. Narrowing the options I have (considering the requirement of past 3-years tax transcript):

* I, myself have tax transcript's wages n salaries (2010=12,840 2009= 6,886 2008= 7,480)due to the fact that I worked part time during my college. Now I am graduated and out of school, Hopefully the numbers would look better for coming tax period. so, my question: Is there any way i can deposit around 7k in my saving account now, and keep it till the process? does the asset's history matters?

** Even though, my wife was not authorized work outside, she worked and filled tax. Now she moved to my state (from MA to TX) and no longer work on the place she filled tax. she does work part time now but in cash (without using social security). what is the possibility of using her income? My thought is we cant use her income since she no longer works in the same place. Any thoughts ? plz

*** The joint sponsor I was mentioned earlier barely reach poverty level for 5 household incl. his wife's on & off jobs (2010= 33,861 2009= 29,963 2008= 8,487). As Anh map stated above, they want to see joint sponsor comfortably reached the level, I dont see the prospect of using him.

Any suggestion?? options?? plzzz help...Urgent !!!

Thank you all in advance

[freebird1178 0]

85 views n no reply? uhhh

[Brother Hesekiel 2,236]

Unfortunately, she has worked using her Social security outside of her campus. she has filed taxes for both year she worked. I know I have to mention that and I will. Here are few questions I 've encountered.

1. what are the chances of I 485 denial due to unauthorized work?

Working without authorization is not being made an issue of at the AOS stage. It's good that she filed taxes but how did she get hired? More precisely, if she was working on the books, then she had to fill out an I-9 form. What did she mark on it?

1) US citizen

2) Non-US citizen US national

3) Lawful permanent resident

4) Non-resident alien authorized to work?

Also, what documents did she show to prove her identity and that she's authorized to work?

[freebird1178 0]

Working without authorization is not being made an issue of at the AOS stage. It's good that she filed taxes but how did she get hired? More precisely, if she was working on the books, then she had to fill out an I-9 form. What did she mark on it?

1) US citizen

2) Non-US citizen US national

3) Lawful permanent resident

4) Non-resident alien authorized to work?

Also, what documents did she show to prove her identity and that she's authorized to work?

Thanks Bob, Sorry for the late reply.

She has her Social security which says "Valid for work only with DHS Authorization" which was issued by her school. As far as filing I-9 form for tax purposes, She doesnt remember which one she marked,she is saying, she didnt mark anything, her employer did it on her behalf, most probaly i m guessing as "non-resident alien".

for hiring, the employer hired her without asking any proof as it was a small retail bussiness...