Need advice urgently

[ChrisPG 30]

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

Thank you!

24) It wouldn't hurt to take both. We took two leases to our interview, one for our old place and one for our current location to show that we had been living together for over 4 years. The more proof you have the better and two leases, if one is an extension or for two separate places looks good.

25) The letter should be signed by the employer with contact information and having printed on the company letterhead is also a plus. Don't forget to include 3-6 months of recent pay-stubs to back up the claim.

[Mezzacalc 1]

24) It wouldn't hurt to take both. We took two leases to our interview, one for our old place and one for our current location to show that we had been living together for over 4 years. The more proof you have the better and two leases, if one is an extension or for two separate places looks good.

25) The letter should be signed by the employer with contact information and having printed on the company letterhead is also a plus. Don't forget to include 3-6 months of recent pay-stubs to back up the claim.

ChrisPG,

Thank you for your answers.

Right now me and my wife, we are looking for the place to live together, before that we lived separately due to financial issues (yet, we spent most of the week together either at her place or mine).

Question: When providing affidavit of support, does my wife have to send to USCIS the tax file for 2011 only or for 2010 and 2009 too? eelynlee said: "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)."

Thank you!

[ChrisPG 30]

ChrisPG,

Thank you for your answers.

Right now me and my wife, we are looking for the place to live together, before that we lived separately due to financial issues (yet, we spent most of the week together either at her place or mine).

Question: When providing affidavit of support, does my wife have to send to USCIS the tax file for 2011 only or for 2010 and 2009 too? eelynlee said: "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)."

Thank you!

She is only required to show the USCIS her latest (2011} tax returns, the last three years are optional, but recommended.

[Mezzacalc 1]

At the moment I am filling the I-864 (affidavit of support).

I have following questions for the respective parts in the form:

Part 6. Alien Registration Number - is my visa number? or my I-94 number? which one is it?

Part 25. "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year." My wife, who is 20 and a full-time student, filed taxes for 2009 and she is going to file for 2011 this week (she was late with it). In 2010 she didn't earn anything, so she didn't file anything for 2010. Shall I tick this box or not?

Do we have to indicate total income for all three years or 2011 will be sufficient?

As I mentioned, my wife didn't file for 2011, which we are going to do right now. The late penalties will be charged by IRS after we file the required amount. Do we need to wait for the late returns and only then submit the Affidavit of Support or we can do it right after we file 2011 taxes (I will send IRS late return documents to USCIS later by additional mail)?

Thank you.

[ChrisPG 30]

Part 6. Alien Registration Number - is my visa number? or my I-94 number? which one is it?

An A# is neither your visa number or your I-94#. The fact is, you do not yet have an A# and thus you write "None" when completing these fields.

Part 25. "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year." My wife, who is 20 and a full-time student, filed taxes for 2009 and she is going to file for 2011 this week (she was late with it). In 2010 she didn't earn anything, so she didn't file anything for 2010. Shall I tick this box or not?

I would tick the box in this instance only once I had filed my 2011 tax returns, even though I would not have been required to file in 2010-- but I would certainly include the explanation that she didn't meet the income requirements to file that year.

Do we have to indicate total income for all three years or 2011 will be sufficient?

For part 25, it asks for the total income from each tax return filed. For question 23, it is asking for current income. There is no gray area.

As I mentioned, my wife didn't file for 2011, which we are going to do right now. The late penalties will be charged by IRS after we file the required amount. Do we need to wait for the late returns and only then submit the Affidavit of Support or we can do it right after we file 2011 taxes (I will send IRS late return documents to USCIS later by additional mail)?

If you read the instructions to the form it states the following:

"If you were required to file a Federal Income Tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the IRS and attatch IRS-generated tax return transcript documenting your late filing before submitting the I-864".

So to answer your question, you must wait for your late return before filing Form I-864.

[Mezzacalc 1]

Thank you for the answers.

Right now I am filling the forms and I have questions for each form (I read the instructions), I would appreciate if you give me your advice:

I-485:

Part 1. Information About You.

What is "C/O"?

What is "A#"?

In my status field shall I put "F-1/OPT"? My OPT expired in early July 2012. I didn't do my OPT job since mid February 2012 (I was dating with my future wife), which means that I have been out of status since then. Shall I mention it on an additional sheet of paper, or I can just indicate the F-1/OPT end date (from the EAD card) without going into details?

Part 2. Application Type.

I have to tick "a", since I married US citizen, don't I?

Part 3. A

I tried to participate in a green card lottery, the website was a scam (I lost $100). Shall I say "Yes" to the permanent resident question?

I had an interview with an immigration officer when applying for F-1 visa, shall I answer "Yes" to the question about inspection by immigration officer?

"Nonimmigrant Visa Number" - red number on the visa?

I-130:

B10, C10: "Alien Registration Number" - None?

C14: "Arrival/Departure Record (I-94)" - Admission number (11 digit) on the front of I-94? "Date authorized stay expired" - on my I-94 it says till D/S, shall I put this in the form?

C17: "List husband/wife and children of your relative" - shall the petitioner indicate herself since she is my wife?

C19: "Your relative's address abroad" - "The Phone Number" - my number abroad or in the US?

C21: "last address at which you lived together" - we are actively looking for a place to live together. I lived 4 days out of 7 at my wife's place for recent 2 months (I was not indicated in the lease agreement officially, I have my own place). Can I indicate this address? Shall I add the written explanation about our active search for a new place?

C22: "USCIS" - Chicago Lockbox?

Thank you in advance. I will also post questions about other forms.

Edited July 22, 2012 by Mezzacalc

[Little_My 464]

C/O means - as it actually reads in the form - "in care of". It basically means that, should you use some other person's address than your primary, for example your relative like mother or father, you would put that person's name in that section. A# is Alien number, which you most likely do not have yet, so you can write "none" for that part.

Your status is F1. You can put "F1 - expired" or "F1 - overstay" if you want - but you do not need to attach any additional information sheets. USCIS will be aware you've overstayed form the information you are providing as it is.

Yes, application type is A.

Not sure about the greencard lottery part - I would be inclined to say "No", since you didn't really apply. Unless you hopped a fence to get to the US, you were inspected (and if you weren't, you wouldn't be eligible for AOS). It means you entered the US legally through a port of entry, and you were allowed in by a CBP officer. It doesn't refer to the visa interview. The red number is the visa number.

Yes, D/S is what you put for authorized stay.

For C17 in I-130 - yes, she indicates you. The whole section is titled "information about your alien relative" - which, to your USC wife, is you.

Phone number abroad, but you can also leave it blank. Remember that this form is used by people in several different situations, going through several different processes - including processes like CR-1, where the foreign spouse is still residing abroad. Not everything is necessary relevant to you.

Not quite sure about the address part - if you do not officially live there, then you cant really use that address. If you have mail coming there and you've used it, for example, for credit cards and other formal things, then I guess it could count as address where you lived together. Maybe someone else will know more.

C-22 is not Chicago lockbox. That is not an office. You'll indicate the nearest USCIS office to you - there's a zip code locator on USCIS site for that.

Just to let you know, VJ has a great resource titled "example forms", which is very helpful. For some of these questions, you can also just do a simple google search. If you, for example, google "F1 visa number" and choose images, you'll be able to figure out which number it is very easily. Same for the I-94.

Also, just for future reference, when you ask questions about specific questions, its always better to post the question itself here too - that way people who want to help don't have to go and download the forms and look for "C-22" etc. themselves - you'll get more responses and faster.

Edited July 22, 2012 by Little_My

[Mezzacalc 1]

Little_My,

Thank you so much for your attention. I will definitely follow your advice.

[Mezzacalc 1]

Hello Everybody!

I made concurrent filing for AOS in late August. I just checked my status on USCIS website: they requested for initial evidence (I haven't received the RFE yet). Overall I filed three forms: I-485, I-130 and I-765. For each form there is a separate case number. The RFE is for I-485 only, for other two forms the status is "Initial Review".

Questions:

1. Is it a bad sign or it happens often (that's what USCIS representative told me)?

2. Can being out-of-status be a problem? I legally entered the US as a F-1 student, I didn't do anything illegal, I haven't traveled outside the US. My visa expired in June 2011, I married in June 2012, My OPT expired in July 2012. I filed for AOS in August 2012.

3. Do I need an immigration attorney?

4. The regular term for RFE is 84 days (12 weeks), isn't it?

Thank you.

[Mezzacalc 1]

24) It wouldn't hurt to take both. We took two leases to our interview, one for our old place and one for our current location to show that we had been living together for over 4 years. The more proof you have the better and two leases, if one is an extension or for two separate places looks good.

25) The letter should be signed by the employer with contact information and having printed on the company letterhead is also a plus. Don't forget to include 3-6 months of recent pay-stubs to back up the claim.

ChrisPG,

Can you tell me? Your timleine says that you fell out of F-1 status on January 2010 and applied for AOS in February 2012. What did you indicate in the "Current USCIS Status" field in I-485?

And another question: what was the RFE, what did they request? Did you turn for help to the attorney?

Thanks.

[DandT14 272]

Hello Everybody!

I made concurrent filing for AOS in late August. I just checked my status on USCIS website: they requested for initial evidence (I haven't received the RFE yet). Overall I filed three forms: I-485, I-130 and I-765. For each form there is a separate case number. The RFE is for I-485 only, for other two forms the status is "Initial Review".

Questions:

1. Is it a bad sign or it happens often (that's what USCIS representative told me)?

2. Can being out-of-status be a problem? I legally entered the US as a F-1 student, I didn't do anything illegal, I haven't traveled outside the US. My visa expired in June 2011, I married in June 2012, My OPT expired in July 2012. I filed for AOS in August 2012.

3. Do I need an immigration attorney?

4. The regular term for RFE is 84 days (12 weeks), isn't it?

Thank you.

I know it's hard to wait, but you really need to see what the RFE says before anyone can give you anything other than a guess.

Being out of status should not be a problem. Until you see what the RFE is for, you won't know if you need an attorney. More often than not, RFE's are for a missed document and they are easy to correct.

Try not to freak out, you should get the hard copy soon.

[Mezzacalc 1]

I know it's hard to wait, but you really need to see what the RFE says before anyone can give you anything other than a guess.

Being out of status should not be a problem. Until you see what the RFE is for, you won't know if you need an attorney. More often than not, RFE's are for a missed document and they are easy to correct.

Try not to freak out, you should get the hard copy soon.

Thank you so much, you are really supportive and I am so nervous... Another question: While my case is pending, can I begin working with H-1B (if I find a company ready to sponsor this type of visa)?

Thanks.

[Hypnos 6,576]

No company will sponsor you for an H-1B when you will have an EAD approximately 2 - 3 months from filing AoS.

[Mezzacalc 1]

No company will sponsor you for an H-1B when you will have an EAD approximately 2 - 3 months from filing AoS.

Well, I am dealing with such a company right now. I need to know whether it's legal from USCIS point of view - H-1B visa sponsorship when I have a pending case?

Thank you.

[Hypnos 6,576]

Put it this way: it costs a company in excess of several thousand dollars to sponsor an H-1B visa. Why should they do that when you are guaranteed to receive work authorisation - for free - in 2 to 3 months? You would receive your EAD (based on the AoS) well before the H-1B even if the company were willing to do it, which seems highly unlikely given the circumstances.

And no, I don't believe it would be legal to even do so, since you have already filed for AoS.