Multiple questions on AOS - formerly "Co sponsor "

[bste3 0]

My wife and I are filling out her affidavit of support to send in along with our other documents, and I have a question. I am a student so I have no income. My father has provided me with his 2010 Federal tax return and agreed to be a co sponsor. Do I need to fill out an I-864 for myself and then another one for my father? If so, do I need to put just 0's in for all my income information on my form, since I had none?

Thanks

[bste3 0]

Also, Just checking to be sure I have all I need.

I will need to send in an I-130, I-485, G-325A (one for each of us), I-864, correct? Is this all? Do they still need passport style photos of each of us? And do they need a copy of our marriage certificate? Please let me know if I am forgetting anything.

Thank you.

[Anh map 2,098]

Your joint sponsor needs to supply a lot more that their 2010 tax return. Read the form instructions and provide all the required documentation.

[bste3 0]

Such as what? 1099 and W2?

Also in addition to my earlier questions, can the forms be typed (fill them out in a pdf file, print them, then sign and date on the bottom?)

[bste3 0]

Another question...my wifes authorized stay is september 9. I see we can still file with the 2 step process (i-130 now, i-485 later), if I send in the i-130 now, will that count as filing before her authorized stay has expired? And the reason I would file 2 step is to give us more time to put together the 1-485, get the medical exam, and other such things. What are the main drawbacks of filing the 2 step way? Thanks

[bste3 0]

I see it is possible to fill out the i-130 first, then later send in the i-485. If I do this, and my i-130 is in before my wife's authorized stay has expired, will we be ok in that regard? The reason I am considering doing it 2 step instead of 1 step is because her authorized stay is over in 6 days, and we don't have time to get her exam for her i-693 completed in time.

Are there any drawbacks to the 2 step method?

All help and insight is appreciated

[bigdog 376]

If you got married, file the I485 immediately. keep a copy and USCIS will send a receipt in about a month. That is what we did.

See the VJ guides and review the uscis site.

[Harpa Timsah 13,258]

The I-130 does not give your wife an authorized stay, so sending that in now will not change her status in any way. What does give her a new authorized stay is the I-485. You can do what you suggest but it takes longer and can get more confusing, and doesn't achieve your goal. I would wait and send a concurrent I-130/I-485 package. Overstay will not be an issue, as a courtesy to you, the USC.

Edited September 3, 2011 by Harpa Timsah

[MVjapan 2]

Your profile says you filed for IR-1/CR-1? Is this correct? Did your wife enter the US with it?

[Kathryn41 3,205]

What is your wife's current status in the US? Were you married before or after she arrived? Your profile shows that you have applied for a CR-1 visa. Have you already applied for the CR-1 or is she here in the US and you are trying to adjust status from another type of visa? What did she tell the border guard when she entered the US?

All of these are important bits of information that need to be included in any advice we can offer. If you have already started the CR-1 process, then changing it to file for AOS from within the country make raise a lot of red flags on your case. They will question what your wife's intent was when she entered the US if she was already married and already had a petition to immigrate in the works. They will be concerned that she is trying to bypass the appropriate CR-1 visa and its waiting time by filing for a change of status from a visitor's status within the US - which is considered visa fraud. If she told them she was only visiting when she entered, then they could also add misrepresentation which carries with it bans on returning to the US.

If she is in the US legally on another visa and you got married here, then she is eligible to file the AOS and you would not need to do the CR-1 process. If you got married here and had no intentions of getting married when she arrived, planned to do the CR-1 and then decided to apply for AOS from within the US AND she has not left the US since your marriage, she is also able to file for the AOS from within the country and can explain the circumstances at the interview . So, if you could provide some clarification about your wife's immigrant status and circumstances, that would help our members give you the best advice.

Edited September 3, 2011 by Kathryn41

[bste3 0]

OK let me explain. She was here last summer where we met in June, got married in October. She was on a J1 work and travel visa then and she is again now. We never filed for CR1 or anything else. She recently just turned 20, she left USA in October, went back to Lithuania until this June when she came back again. During this time, I went and spent from December 15, 2010-January 10., 2011 with her in her country. She was going to go back again after this summer like she did last time (she is a college student and wanted to finish her degree there) but we have since decided to have her stay here and adjust her status. She is still in status until September 9 (that's when her work authorization ends, I believe she has 30 days after this date for travel). While going through the second visa process, she did write that she was married on her forms, but she was never questioned about them by the US consulate. I hope this gives you enough information to give an informed response. Thank you.

[bste3 0]

Sorry about my profile, I don't know why I put that. She entered on a J1 work and travel visa this time, same as last summer when she entered and we were married

[JimVaPhuong 4,863]

OK let me explain. She was here last summer where we met in June, got married in October. She was on a J1 work and travel visa then and she is again now. We never filed for CR1 or anything else. She recently just turned 20, she left USA in October, went back to Lithuania until this June when she came back again. During this time, I went and spent from December 15, 2010-January 10., 2011 with her in her country. She was going to go back again after this summer like she did last time (she is a college student and wanted to finish her degree there) but we have since decided to have her stay here and adjust her status. She is still in status until September 9 (that's when her work authorization ends, I believe she has 30 days after this date for travel). While going through the second visa process, she did write that she was married on her forms, but she was never questioned about them by the US consulate. I hope this gives you enough information to give an informed response. Thank you.

I saw your other thread. As was stated in that thread, the I-130 doesn't provide any temporary status but the I-485 does. Get everything together that you need for a concurrent filing, and submit both of them at the same time. The VJ guides for this process are here:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Her overstay will be irrelevant. It's not a factor they consider for someone who is an immediate relative of a US citizen.

Have a good look at her J1 visa. Does it say anything on it about the "home residency rule"?

[KayDeeCee 4,895]

Such as what? 1099 and W2?

Also in addition to my earlier questions, can the forms be typed (fill them out in a pdf file, print them, then sign and date on the bottom?)

For an I-864, both you and your co-sponsor need to fill out an I-864 and provide the past 3 years tax transcripts(you can get them free from the IRS, but if using your own printed out tax returns you must include W-2s and 1099s, basically a copy of what the IRS receives if you mailed in your tax return), letter from employer showing position and salary, plus a few of your most recent pay stubs. Your co-sponsor also needs to provide proof of being a US citizen or permanent resident. You can get the latest version of the form to download, as well as the instructions you need to read here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Yes, you fill in the form on your computer, print it out and then sign it.

[bste3 0]

My father is self employed, he has a 1099 and his federal taxes- what else would we need for that, since he has no official salary?