want to abandon aos and will file again next year

[Dave&Roza 748]

So what you guys are saying is that it would be better to put off AOS to begin with in this situation? We may have a similar situation in that I (the USC) didn't meet the 125% poverty level last year...but have had a job since last August that will put me online to meet it in 2012 so long as I work the whole year. What I mean is my check stubs may not show the complete 125% in September or October when we are planning to file for AOS. Should we put it off until 2013 when my 2012 Tax return will show me meeting the amount?

Also if we put off AOS for just a few months could my fiance stay here in the mean time?

There are a lot of competing information here so if anyone is able to provide links to the information I would very much appreciate that. I also like to know where to find this information for myself incase it changes.

Thank you all in advance.

PS getting a co sponsor isn't an option for us.

Once you enter the US on a K-1 visa and get married within the 90 days you have completed your part of the "contract". Once the I-94 expires you are out-of -status and accummulating out-of-status days. Those days are forgiven if you are married to the same USC you entered using the K-1. The USCIS does not state "Thou shall file for AOS xx days after getting marreid or yy days after the I-94 expires." The only real deadline is to file before your second wedding anniversary as that creates a grey area of what needs to be filed with teh I-485 and there is a lot of debate about that here on VJ. So if you do not file for AOS the immigrant spouse cannot work, cannot leave the US, most likely cannot get a DL, and may have problems if stopped by a LEO or CBP (if near the southern boarder they are driving around all over the place and will turn on their flashing lights to get you to stop) or have a run in with ICE. Then things will get interesting for a while. Usually the judge just tells you to file for AOS and he may issue a court order that has a deadline that you cannot miss. It sounds like you have the required income now. You pay stubs will show your pay and how often that is so it is not hard math to come up with th eyearly total. Plus a letter from your employer with date of hire, position status, pay rate would help your case. If last year was close and this year is over you are showing steady increasing income which is another plus in your favor.

Unfortunately, once you do file the AOS you have to get it approved or you become deportable. To the OP: find a co-sponsor willing to help you out. Having read and signed the I-864, I know what it is asking of the sponsors so I wish you well in finding someone.

Good luck,

Dave

Edited March 16, 2012 by Dave&Roza

[Harpa Timsah 13,258]

So what you guys are saying is that it would be better to put off AOS to begin with in this situation? We may have a similar situation in that I (the USC) didn't meet the 125% poverty level last year...but have had a job since last August that will put me online to meet it in 2012 so long as I work the whole year. What I mean is my check stubs may not show the complete 125% in September or October when we are planning to file for AOS. Should we put it off until 2013 when my 2012 Tax return will show me meeting the amount?

Also if we put off AOS for just a few months could my fiance stay here in the mean time?

There are a lot of competing information here so if anyone is able to provide links to the information I would very much appreciate that. I also like to know where to find this information for myself incase it changes.

Thank you all in advance.

PS getting a co sponsor isn't an option for us.

USCIS goes by current income. If your current income is enough to meet the requirement, the you should be fine (if you've been there since August you've been working there 7-8 months already).

If the sponsor does not qualify, then yes, it is better to put it off to avoid this situation. Usually, the consulates checks to see if the sponsor would qualify BEFORE they issue the visa, knowing that soon after the visa approval they will need to file a I-864. Some consulates have lesser requirements, though, which I think hurts more than it helps. Philippines seems strict about showing 125% poverty with no co-sponsor, so I wonder how the OP got through.

[Fight for Love 98]

hello everyone. we have a problem with our aos. we received rfe for my aos because my husband's income is not enough. we don't have a co-sponsor. i had filed along with it my ead. will it be affected? cause i'm planning to abandon my aos for the meantime and wait for my permit to work. once i have work, we'll file for income tax together next year so both of our income can reach the poverty guideline. will this work?

my advice ask your husband to get a second job maybe that will work..goodluck!!!

[Sandra G. 5,054]

You should be aware that failure to respond to USCIS requests for evidence (RFE) will lead to a denial of your application.Once denied your application USCIS will place you in removal proceedings.Find a joint sponsor.Good luck.

[bigdog 376]

Get a co sponsor asap and respond.

[renecherubs 18]

thanks dave. we have a few prospects. we need to talk with them about it yet. good luck to us and may God help us.