Need advice urgently

[ChrisPG 30]

Thank you, ceadsearc,

Did you mean a "joint sponsor", when you mentioned cosponsor?

Can any US Citizen be a joint sponsor of our household (given he meets all the annual income requirements) or it must be our relative (either on my side or my future wife's side)?

The annual income requirement for the Sponsor (which is $18,912) - is it Net Income, which equals Gross Earnings minus Expenses, or just Gross Earnings?

What shall I do overall given my situation: my future wife is a babysitter, she is 20 and she is a student, she didn't file taxes for previous fiscal year. Should she still be my sponsor , after she files the tax return with all late penalties (can it cause the problems during the interview), or should we find a joint sponsor?

Thank you.

1) A co-sponsor is were two members of a household combine their income, a joint sponsor is the term used for just one person acting as the sponsor.

2) Anybody who is a US Citizen or PR, over the age of 18 and meets the 125% poverty income can sponsor you.

3) Your wife must be your primary sponsor and file Form I-864 regardless of if she meets the income requirements or not, however in order for her to have a complete Form I-864, then she must provide tax returns or the legal reason why she wasn't required to file. We have already determined that she was required to file and now she needs to file back taxes.

4) Once she has filed taxes, if her Gross Income (line 22) doesn't meet the financial requirements then a joint sponsor will be needed.

5) A joint sponsor doesn't need to meet the requirements for *your* household, it is for *their* household + you (the intended immigrant).

The first step is for your wife to file taxes.

Edited June 19, 2012 by ChrisPG

[Mezzacalc 1]

1) A co-sponsor is were two members of a household combine their income, a joint sponsor is the term used for just one person acting as the sponsor.

2) Anybody who is a US Citizen or PR, over the age of 18 and meets the 125% poverty income can sponsor you.

3) Your wife must be your primary sponsor and file Form I-864 regardless of if she meets the income requirements or not, however in order for her to have a complete Form I-864, then she must provide tax returns or the legal reason why she wasn't required to file. We have already determined that she was required to file and now she needs to file back taxes.

4) Once she has filed taxes, if her Gross Income (line 22) doesn't meet the financial requirements then a joint sponsor will be needed.

5) A joint sponsor doesn't need to meet the requirements for *your* household, it is for *their* household + you (the intended immigrant).

The first step is for your wife to file taxes.

[Mezzacalc 1]

Thank you, ChrisPG.

5) A joint sponsor doesn't need to meet the requirements for *your* household, it is for *their* household + you (the intended immigrant).

Would you clarify what you meant "*their* household + you"? You mean there is a threshold, different from $18,911?

Thanks.

[ChrisPG 30]

Thank you, ChrisPG.

Would you clarify what you meant "*their* household + you"? You mean there is a threshold, different from $18,911?

Thanks.

Okay.

So if you have a joint sponsor then on their I-864 they must list themselves + any spouse + any dependent children + you.

For example, in the case of a joint sponsor who has a spouse and a child, they would need to meet the income requirements of a 4 person household which would include ( them-self, spouse, child and you). The income requirements for this scenario increase to $23,050.

[Mezzacalc 1]

ChrisPG,

Thank you for the math.

Question: My future wife's approximate annual gross income is $19,500 (without subtracting expenses), which meets the requirement of $18,911. Should I still find joint sponsor, just to be on the safe side?

Thanks.

[Mezzacalc 1]

Thank you all for detailed and concise answers.

At the moment I have three more questions:

20. My future wife's approximate annual gross income as a babysitter is $19,500 (without subtracting expenses), which meets the requirement of $18,911. Should I still find joint sponsor, just to be on the safe side? The fact that she didn't pay taxes last year, can it cause questions & problems (given we filed taxes now duly and accurately)?

21. As I said I am a F-1 student, currently on my OPT (Optional Practice Training). OPT began in July 2011, will end in July 2012 (and it will be followed by 60 day grace period). Officially I am doing part-time job, which qualifies for OPT (I agreed with an employer to accomplish assignments for him, I filed this OPT job to my institute). Actually, I didn't do that OPT work. Can it cause any problems? Shall I indicate this fact in the documents I will file for AOS? Or shall I just say "F-1 student" in my visa status.

22. At the moment me and my spouse, we are actively looking for a place to live together. I was already told on this forum that a copy of a joint lease agreement should be attached to Bona Fide Marriage evidence. In case it turns out to be a challenge to find the apartment (which is quite probable), can I file the documents for AOS before I manage to and later send the lease agreement? I wouldn't like to lose time because of this one issue.

Thank you.

Edited June 24, 2012 by Mezzacalc

[grrrrreat 109]

Thank you all for detailed and concise answers.

At the moment I have three more questions:

20. My future wife's approximate annual gross income as a babysitter is $19,500 (without subtracting expenses), which meets the requirement of $18,911. Should I still find joint sponsor, just to be on the safe side? The fact that she didn't pay taxes last year, can it cause questions & problems (given we filed taxes now duly and accurately)?

21. As I said I am a F-1 student, currently on my OPT (Optional Practice Training). OPT began in July 2011, will end in July 2012 (and it will be followed by 60 day grace period). Officially I am doing part-time job, which qualifies for OPT (I agreed with an employer to accomplish assignments for him, I filed this OPT job to my institute). Actually, I didn't do that OPT work. Can it cause any problems? Shall I indicate this fact in the documents I will file for AOS? Or shall I just say "F-1 student" in my visa status.

22. At the moment me and my spouse, we are actively looking for a place to live together. I was already told on this forum that a copy of a joint lease agreement should be attached to Bona Fide Marriage evidence. In case it turns out to be a challenge to find the apartment (which is quite probable), can I file the documents for AOS before I manage to and later send the lease agreement? I wouldn't like to lose time because of this one issue.

Thank you.

20. She needs to file her taxes for last year. It doesn't matter if they are late; they just need to be filed.

21. This is confusing--are you saying that you took a job to qualify for OPT, but then you never actually worked at that job? If yes, then you were out of status on your OPT. Or are you saying that you took an ADDITIONAL part time job in addition to whatever job you qualified for OPT, but then decided not to do it? Either way, it doesn't matter, you need to fill out all the forms accurately. You still got OPT, you were just violating the rules of that status. You can't pretend as if that didn't happen. I am not sure if it will raise problems for adjustment; it probably depends on if the officer thinks that you misrepresented some fact in order to stay in the U.S.

22. Lease agreement is not required, it's just helpful to prove bona fide marriage. Everyone who files I-485 gets an interview, so you can supplement your evidence then. However, the fact that you and your spouse are not living together is a red flag, whether there's a joint lease agreement or not. Why are you not living together? I would not file I-485 without a really good explanation.

[Mezzacalc 1]

grrrrreat,

Thank you for the answers.

20. We are going to file the taxes for last year. Should we still find a joint sponsor (her annual income is approximately $19,500)?

21. Here is my timeline: I graduated in June 2011. My OPT started in mid July 2011. I worked from September 2011 till January 2012 (full-time internship). I wasn't given a full-time position. I asked the same employer to give me some assignment, which would qualify for OPT. He gave it to me (it was in January 2012), but I didn't work on it. In the same month I met my future wife. What can be the potential issues/problems (if any)? Shall I indicate this fact when filing for AOS or just mention "F-1 student"? I will fill in all the forms accurately for sure.

22. We met in January 2012. In June 2012 we decided to marry. At the moment we are actively looking for the apartment to live together (and I believe we will find it within one month). My question is: should I file for AOS right now without waiting till we find the place (later I will supplement the evidence with the lease agreement)? Or should I still wait? It can take us a while till we manage to find the place.

[grrrrreat 109]

grrrrreat,

Thank you for the answers.

20. We are going to file the taxes for last year. Should we still find a joint sponsor (her annual income is approximately $19,500)?

21. Here is my timeline: I graduated in June 2011. My OPT started in mid July 2011. I worked from September 2011 till January 2012 (full-time internship). I wasn't given a full-time position. I asked the same employer to give me some assignment, which would qualify for OPT. He gave it to me (it was in January 2012), but I didn't work on it. In the same month I met my future wife. What can be the potential issues/problems (if any)? Shall I indicate this fact when filing for AOS or just mention "F-1 student"? I will fill in all the forms accurately for sure.

22. We met in January 2012. In June 2012 we decided to marry. At the moment we are actively looking for the apartment to live together (and I believe we will find it within one month). My question is: should I file for AOS right now without waiting till we find the place (later I will supplement the evidence with the lease agreement)? Or should I still wait? It can take us a while till we manage to find the place.

20. Check I-864P for your required income. Did you read the instructions for Form I-864? If her income qualifies, I am not sure why you keep asking about a joint sponsor.

21. You need to put OPT/F-1 when you fill in your status. You were out of status on your OPT and there were unlawfully present, but I don't think any of the forms ask about that and it's not relevant for a spouse of a U.S. citizen.

22. Dude, you cannot adjust status "right now"--you're not even married yet! You can't adjust status based on a boyfriend/girlfriend relationship! And even if you were married, if I were a USCIS officer I would not approve you right now. You've known her for six months and you havent even lived together--do you really think USCIS will believe you're in a bona fide marriage? You have put the cart way before the horse, and you are playing fast and loose with the rules as your OPT situation suggests. So you need to get serious about following the rules and doing things the right way or I do not predict a good outcome for you.

[grrrrreat 109]

grrrrreat,

Thank you for the answers.

20. We are going to file the taxes for last year. Should we still find a joint sponsor (her annual income is approximately $19,500)?

21. Here is my timeline: I graduated in June 2011. My OPT started in mid July 2011. I worked from September 2011 till January 2012 (full-time internship). I wasn't given a full-time position. I asked the same employer to give me some assignment, which would qualify for OPT. He gave it to me (it was in January 2012), but I didn't work on it. In the same month I met my future wife. What can be the potential issues/problems (if any)? Shall I indicate this fact when filing for AOS or just mention "F-1 student"? I will fill in all the forms accurately for sure.

22. We met in January 2012. In June 2012 we decided to marry. At the moment we are actively looking for the apartment to live together (and I believe we will find it within one month). My question is: should I file for AOS right now without waiting till we find the place (later I will supplement the evidence with the lease agreement)? Or should I still wait? It can take us a while till we manage to find the place.

20. Check I-864P for your required income. Did you read the instructions for Form I-864? If her income qualifies, I am not sure why you keep asking about a joint sponsor.

21. You need to put OPT/F-1 when you fill in your status. You were out of status on your OPT and there were unlawfully present, but I don't think any of the forms ask about that and it's not relevant for a spouse of a U.S. citizen.

22. Dude, you cannot adjust status "right now"--you're not even married yet! You can't adjust status based on a boyfriend/girlfriend relationship! And even if you were married, if I were a USCIS officer I would not approve you right now. You've known her for six months and you havent even lived together--do you really think USCIS will believe you're in a bona fide marriage? You have put the cart way before the horse, and you are playing fast and loose with the rules as your OPT situation suggests. So you need to get serious about following the rules and doing things the right way or I do not predict a good outcome for you.

[grrrrreat 109]

grrrrreat,

Thank you for the answers.

20. We are going to file the taxes for last year. Should we still find a joint sponsor (her annual income is approximately $19,500)?

21. Here is my timeline: I graduated in June 2011. My OPT started in mid July 2011. I worked from September 2011 till January 2012 (full-time internship). I wasn't given a full-time position. I asked the same employer to give me some assignment, which would qualify for OPT. He gave it to me (it was in January 2012), but I didn't work on it. In the same month I met my future wife. What can be the potential issues/problems (if any)? Shall I indicate this fact when filing for AOS or just mention "F-1 student"? I will fill in all the forms accurately for sure.

22. We met in January 2012. In June 2012 we decided to marry. At the moment we are actively looking for the apartment to live together (and I believe we will find it within one month). My question is: should I file for AOS right now without waiting till we find the place (later I will supplement the evidence with the lease agreement)? Or should I still wait? It can take us a while till we manage to find the place.

20. Check I-864P for your required income. Did you read the instructions for Form I-864? If her income qualifies, I am not sure why you keep asking about a joint sponsor.

21. You need to put OPT/F-1 when you fill in your status. You were out of status on your OPT and there were unlawfully present, but I don't think any of the forms ask about that and it's not relevant for a spouse of a U.S. citizen.

22. Dude, you cannot adjust status "right now"--you're not even married yet! You can't adjust status based on a boyfriend/girlfriend relationship! And even if you were married, if I were a USCIS officer I would not approve you right now. You've known her for six months and you havent even lived together--do you really think USCIS will believe you're in a bona fide marriage? You have put the cart way before the horse, and you are playing fast and loose with the rules as your OPT situation suggests. So you need to get serious about following the rules and doing things the right way or I do not predict a good outcome for you.

[Mezzacalc 1]

grrrrreat

Thank you for the valuable information. We already married, we opened a joint bank account, we have 2 main things left: finding a place to live and affidavit of support.. Have I missed anything?

Another question:

My wife earned $20,000 for the period from May 31st 2011 to May 31st 2012, working as a babysitter. When filing affidavit of support, what is the annual income we have to indicate: $20,000 or 7/12 of $20,000 (the period from May 2011 till December 2011)? In the second case we need to find the joint sponsor, don't we?

Thank you.

Edited July 2, 2012 by Mezzacalc

[eelynlee 0]

grrrrreat

Thank you for the valuable information. We already married, we opened a joint bank account, we have 2 main things left: finding a place to live and affidavit of support.. Have I missed anything?

Another question:

My wife earned $20,000 for the period from May 31st 2011 to May 31st 2012, working as a babysitter. When filing affidavit of support, what is the annual income we have to indicate: $20,000 or 7/12 of $20,000 (the period from May 2011 till December 2011)? In the second case we need to find the joint sponsor, don't we?

Thank you.

for the annual income of 2011 you will enter what she had earned from year 2011. HOWEVER. for her current annual income she can enter her estimated annual income for the 2012 year. she will just need to prove that she would be earning that much this year. A letter of employment, or from that family member would suffice.

She would also need to have filed taxes for years 2011, 2010 and 2009. If she had not, she would have to file them now (does not matter if it's late).

Good luck in your AOS application.

[Mezzacalc 1]

eelynlee,

Thank you for the advice!

[Mezzacalc 1]

eelynlee

Two more questions:

24. Is that ok to take a 6 month sublease (I am looking for a job at the moment, may be I will need to relocate due to a job location) or I should take a 1-year lease?

25.

HOWEVER. for her current annual income she can enter her estimated annual income for the 2012 year. she will just need to prove that she would be earning that much this year. A letter of employment, or from that family member would suffice.

Shall this proof document be just signed by her employer or also be notarized?

Thank you!