Our story and we need help with some forms

[cbunny 1]

Hi,

A bit of my background: I came to the US more than 10 years ago as an international student from Mexico. Went to college got a job under a G-4 visa for some years, then I went to grad school in Savannah, GA, did my OPT and then got a one-year sponsored TN-1 Visa. That visa is through the Free trade treaty between Mexico, USA and Canada and it's good only for specific professions.

A couple months ago i was getting ready to talk to my sponsor/employer about renewing my visa, but my boyfriend (now husband, yay!)and I decided to get married instead of having to go through that process and being that we had already talked about it we went ahead and got married. We met each other in 2010 at my old job. It wasnt until later that we started going out and fell madly in love )... Although we only started going out since the beginning of 2011, since we're not teenagers anymore we really developed an incredible relationship very fast. He's met my family and her is close with the family i have here and Im close with his family.

We got married a little over a week ago on March 10 with our families in a small civil ceremony and we're planning a big celebration later this year when we can finally breath.

My visa end April 5th... so everything has happened very fast, but we're so happy!

We have read most of our papers (below) and if you dont mind i'll explain questions I may have on each form

I-130 petition DONE no questions

G-325 bio DONE no questions

I-485 I HAVE A QUESTION HERE.. Part 2. I dont know which letter to pick... A??? C????

I-765 Employement Auth. DONE no questions

I-864 TOO MANY QUESTIONS:

My husband and I just signed for an apartment starting April 15th. I have changed my name in my social Security and bank accounts. We also have joint bank accounts. Since I have been in the US for 10 years I do have some savings, so am I allowed to contribute to this affidavit?

In part 5. Sponsor's household size.

21. Persons you are sponsoring in this affidavit... we put 1 (me)

in that same sections it says:

Persons not sponsored in this affidavit:

b.yourself ....1

c. if you are currently married, enter 1 for your spouse ..... 1? Im guessing not, since I was already counted as the person being sponsored?

In part 6. Sponsors income and employment

My husband, after many years of working at the same place decided to take a year off. Ok it's been a bit over a year off. But he is great with money and was able to live and travel and have a girlfriend (me) for over a year without having to work. He is a photographer and on that year did the occasional wedding photography and also some design work. But nothing serious or official. Is being unemployed right now gonna hurt our chances? He has still in savings around 5,000 dollars, 10,000 on investments and about 10k on his 401k that he personally manages.

I have around $7,000 saved. would it be best to have all our money combined? Or will I have the chance to prove this for myself?

Anyway, on part 6. Should he mark UNEMPLOYED?

24. I see that in point I would have the chance to include my income. But in the instructions for form I-864 I found this:

"Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident."

FROM THE SAME SOURCE... so that means that my income should be from the employer who sponsored my TN-1 Visa? what if I have other offers from different places? I used to work at an international organization and they've always wanted me back. So what should I do? Should I get a letter from my current sponsor/employer saying he intends to employ me after all this is done? And if so, how long after this is done could I change jobs?

I really appreciate all your help. This form is my nightmare!!!

[kelad 8]

Just so you know, you dont need the I-864 filled out until you have been approved and moving on to the NVC stage. You need to send in the 1st 4 forms that you listed then when you get approved you send in the last form.

[UK_Fan 192]

She is filing from the US, so yes she does, otherwise she'll get an RFE and it will take longer

Edited March 20, 2012 by Mrs.Brock

[Harpa Timsah 13,258]

I-485: Choose A

I-864: Yes, you can include your savings.

Part 5: You got it.

For the rest, you can add your income to help qualify, and you both can add your assets together. Assets will be figured at 3 times the value of a salary. So if you are $5000 short of making the 125% poverty line, you can make it it up with $15000. Regarding the instructions for including the immigrant's income, you can quit your job later, but you need to provide a letter that your employer will continue to employ you once you get your GC. In other words, it can't be a contract job that is over once you get your GC.

Congrats on the marriage!

[KayDeeCee 4,893]

Ignore the post about not sending them in altogether. You are filing to adjust status as the spouse of a USC from within the US. You send them all at once.

For your I-485, you check a. Checking off c. is for those that came on a K-1 fiance(e) visa, and you did not.

For the I-864:

Part 5: you will put a 0 for c. because you are already counted in a. For the purpose of this form, you are the intending immigrant and not the spouse.

Part 6: Yes, as the spouse you can add your assets with your husband's. However, assets must be at 3 times, so if it is a household size of just the 2 of you, you need assets equal to 3x $18,912, or $56,736. With no current income and low amounts of assets, you will need to find a co-sponsor.

In Part 24, you would not list any income from you. You would enter the amount of your savings in Part 7 #28.

The income stuff is not applicable to you. You are not able to work unless you have your EAD, which you are just now filing for with all of these forms, the I-765. Your other work visa is ending, and you cannot work anymore until you have your EAD or green card. Just adding your assets in the bank is not the same as including an ongoing income.

Anyway, as I stated above, it does not sound like there is enough money for your husband to sponsor you without a co-sponsor. Here are the 2012 poverty guidelines: http://www.uscis.gov/files/form/i-864p.pdf

Or as Harpa pointed out, I suppose you could include the income if you get a letter from your employer stating the income will continue after you get your EAD/green card. In which case you list your info in Part 24 b. and check box e.

Edited March 21, 2012 by Jay-Kay

[Penguin_ie 5,993]

** Moving from AOS from Family to AOS from Student visa forum ****

[Harpa Timsah 13,258]

OP - if there will be a gap in your employment, then you cannot use your income (good catch Jay-Kay). How much time is left on your TN visa?

[cbunny 1]

OP - if there will be a gap in your employment, then you cannot use your income (good catch Jay-Kay). How much time is left on your TN visa?

My visa ends April 5th... will def stop working soon. I dont want to work without a visa. My questions is if it would be at all beneficial if I showed that there's a job proposal for me if all this went through.. or if on the contrary it would look bad.

[cbunny 1]

another question, now from G-325A Bio info.

we both have to file that form right? and being that my husband has been unemployed and only unofficially doing freelance photography and design, does he have to write that on the employment chart?

Will he have to prove that small freelancing with the tax return?

[Harpa Timsah 13,258]

My visa ends April 5th... will def stop working soon. I dont want to work without a visa. My questions is if it would be at all beneficial if I showed that there's a job proposal for me if all this went through.. or if on the contrary it would look bad.

Ahh, then you can't use your income, because you'll soon stop working. Future income is not good enough. If you don't qualify then you'll need to find a co-sponsor.

[Brother Hesekiel 2,236]

My visa ends April 5th... will def stop working soon. I dont want to work without a visa. My questions is if it would be at all beneficial if I showed that there's a job proposal for me if all this went through.. or if on the contrary it would look bad.

Nobody will force you to stop working just because your AoS petition is being adjudicated. That's why we always point out that "unlawful presence" and working without authorization is not being made an issue of at the AoS stage or thereafter. You have been living legally in the United States for a decade and you are working with authorization. Unless your employer requires you update your documents, you may as well continue working and paying income taxes. If so, understand that your income, as its source has been a U.S. one and will continue to be a U.S. one, can be counted for Affidavit of Support purposes.

To clarify this: if an engineer from overseas wants to immigrate to the U.S., we can't use his income in the old word, nor can we predict if he will find employment in the U.S right away or what his compensation will be. But if this guy has been working in the U.S. for years and gets married to a U.S. citizen and continues to work, then his and his wife's income qualify for this purpose.

[cbunny 1]

Ahh, then you can't use your income, because you'll soon stop working. Future income is not good enough. If you don't qualify then you'll need to find a co-sponsor.

ok so really the best solution would be for him to find a job, right?.. so, My visa will end April 5th.. Should we wait until he finds a job to file? or could we file right now and then add the job info when he gets a job? (hopefully really soon?)

Im kind of afraid to wait after April 5th to file... But is it really a big deal if I file little after?

[Harpa Timsah 13,258]

Bob - Once the OP's visa expires in a few weeks, if she somehow continues to work it will be illegal work. It won't affect her AOS but she cannot use in to qualify for the I-864. What makes you think illegal work can be used to qualify for the affidavit?

OP - To answer the above, can't you just renew your TN?

Edited March 21, 2012 by Harpa Timsah

[cbunny 1]

Bob - Once the OP's visa expires in a few weeks, if she somehow continues to work it will be illegal work. It won't affect her AOS but she cannot use in to qualify for the I-864. What makes you think illegal work can be used to qualify for the affidavit?

OP - To answer the above, can't you just renew your TN?

The problem with my TN is that my employer never payed me what he was supposed to pay me.. When he filed to sponsor me he filed something like 35,000-40,000 a year as my salary. I knew him before and he was in many ways helping me... A common friend of ours assured him that she would feed his company enough work to pay my salary and in the end that never happened until late november last year, when real money started coming. Until then, from April to November I was barely making 1,000 bucks a month. When you try to renew your TN you must provide you W-2 and tax papers.. probably to corroborate that in fact you made what you told you would make... I barely made $13,000 last year.. so that was problem number one... problem number 2 was that really my sponsor/employer didn't want to keep me any longer, which is understandable, more so since his company is struggling having to let go many other employees.

So.. that doesnt seem like an option.

[Adriene H 89]

another question, now from G-325A Bio info.

we both have to file that form right? and being that my husband has been unemployed and only unofficially doing freelance photography and design, does he have to write that on the employment chart?

Will he have to prove that small freelancing with the tax return?

Maybe instead of your husband saying 'unemployed,' he could

say 'self employed' since he sounds like a free lance

photographer