K-1 visa: Are tax transcripts needed if unemployed?

[rocks 494]

The longer you wait, the more unlawful your presence is. AOS should be done as soon as feasibly possible. Preferably within the 90 days(I-94) of arrival. After that, the presence becomes unlawful and is subject to the possible repercussions.

From USCIS: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12709/0-0-0-12929.html#0-0-0-1971

Any overstay is forgiven as they are married to a USC. There is no time limit for filing AOS.

DHS has discretion to waive an alien’s inadmissibility under section 212(a)(9)(B) of the Act if the alien is applying for an immigrant visa or adjustment of status and the alien is the spouse, son, or daughter of a U.S. citizen or LPR, or the fiancé(e) of a U.S. citizen (in relation to a K-1/K-2 visa).

[TnJ 131]

Any overstay is forgiven as they are married to a USC. There is no time limit for filing AOS.

DHS has discretion to waive an alien’s inadmissibility under section 212(a)(9)(B) of the Act if the alien is applying for an immigrant visa or adjustment of status and the alien is the spouse, son, or daughter of a U.S. citizen or LPR, or the fiancé(e) of a U.S. citizen (in relation to a K-1/K-2 visa).

Okay. Just saying I wouldn't risk it at their discretion is all, but I realize all situations are unique. I plan to file within 90 days as I don't want complications and guarantees seems to be slim in all of this.

[Anh map 2,098]

I'm looking for threads/posts about people who were denied at the interview for having documents that were prepared too soon. Do you know of any off-hand? I'm going to discuss this with my fiancee and my co-sponsor and hopefully we can get this under control. The plan was that I would bring the documents with me and save on postage. I had no idea all the documents needed to be prepared after NOA2. I thought only pay-stubs would need to be more recent.

This link states that AOS can take place a significant period of time after marriage/expiration of K-1 visa. What do you guys think? I don't want to take any chances, though. I do have another person who is willing to co-sponsor if necessary, but I don't want to burden them with that responsibility.

http://www.pcurtisla...k1-visa-holders

I think subs in my district are paid by the hour. Since my income would not be salaried, I wonder how USCIS would figure out if I'm above the 125% line. Seems that a person would need to make $10/hr or more to make the minimum for a household size of 2; I'll definitely be making more than that once I wrap up my student-teaching semester. It's such a pain right now because I was supposed to graduate this semester and be a salaried teacher in the fall. Hopefully our marriage plans don't fall through because of that administration issue at my university.

I think Dave&Rosa is right about the transcripts. I will have them prepared anyway. Didn't think it was necessary since I have not personally filed in the last 3 years.

For the joint sponsor the proof of current and continuing income is important. That is typically done with recent paystubs and an employer letter. If the sponsor is a wage / salary earner then be sure to have those recent stubs along with an employer letter dated close to the submission date.

If the sponsor is self employed then proof of income is line 22 of the 2011 1040 tax return (or 2011 IRS transcript.)

[rocks 494]

Okay. Just saying I wouldn't risk it at their discretion is all, but I realize all situations are unique. I plan to file within 90 days as I don't want complications and guarantees seems to be slim in all of this.

Many people file after their I-94 has expired. The only condition of the K-1 is that you are to marry within 90 days, there is nothing that says you must file for AOS within that time. I filed as soon as I could to get the ball rolling on my GC but not everyone is in the financial situation to do so. It won't matter if the I-94 has expired by the time they apply.

Good luck on your journey.

[TnJ 131]

Many people file after their I-94 has expired. The only condition of the K-1 is that you are to marry within 90 days, there is nothing that says you must file for AOS within that time. I filed as soon as I could to get the ball rolling on my GC but not everyone is in the financial situation to do so. It won't matter if the I-94 has expired by the time they apply.

Good luck on your journey.

Thanks. From what I understand, filing AOS before I-94 expires prevents unlawful presence. I understand that some people wait longer. From what I thought, these people more than likely wouldn't have any problems within 180 days of unlawful presence? If, say, it did come down to DHS waiver, wouldn't the waiver need to be filed? If so, staying would incur more fees and hassle even if DHS discretion was favorable, correct? Sorry, this will be my last post on the topic here. I didn't mean to hijack OP's thread.

[NikkiWicki 3]

what other documents does the co sponsor needs aside from the I 864