AOS for F-1 & I-864

[littlechewy 0]

I'm a foreign student (F-1 status) and currently on OPT, which expires at the end of October this year. My fiancé and I are going to get married very soon; however, after having done much research, I found out that he would need to file I-864, Affidavit of Support. That creates a major obstable for us. I'm looking for some answers.

Our situation is that he's self-employed (has his own business) and has not filed taxes for the last 2 years. I read that he will need to submit IRS transcripts of the most recent tax year (2011) or the 3 most recent years (2009, 2010, 2011). He explained to me that he is unable to do so because he would have to pay in (a lot) and he doesn't have the money to do it. His business has been very slow the last 2.5 years; hence, the reason for not filing taxes. As for myself, I do have a permanent part-time job (that I started in March so I have been at this job for about 4 months). My earnings is around $1,000/mo net. We are thinking about selling the car, getting a 2nd job, maybe borrowing money from family, getting a loan, etc so that we can get the money together for him to file taxes. This is going to take time.

On this page on the USCIS website, Green Card for an Immediate Relative of a U.S. Citizen , it says that we need to file Form I-485 and Form I-130. I don't see it says we have to file I-864.

So my questions are:

1) Can we file Form I-485, I-130 and I-765 WITHOUT the I-864 FOR NOW? By doing so, can I still get a new EAD before my OPT expires? That way I can hopefully keep the job I'm having. How long do they give you? If I can't get it, that means I will be asked to leave when October rolls around since I don't have a new EAD to show my employer. I really hope you guys say YES.

2) If it's okay to submit I-864 (and those tax returns) later, then when will it eventually be required?

Is it going to be like...a few months later we will hear from USCIS saying that our documents were received and the interview is at this time and date and please submit the I-864 before/at the interview?

Is it possible to request an extension if needed?

3) Is it the most recent tax year he needs to file or does it have to be 3 years in a row? Does my income, although not a whole lot, help at all? I do live in the same house with him and I don't have to pay rent so my income is more than enough to cover some bills, food and the necessities. I'm not exactly living comfortably but definitely not struggling.

If they don't accept my application without I-864, can I - being married to a US citizen, having entered the US legally, and currently still in legal status - remain in the US legally (after my OPT expires) until we can sort things out? And how long can I stay?

Please help! Much appreciated!

Edited June 23, 2012 by littlechewy

[LindaC1990 23]

No I-864 NO greencard.

Sending applications without I-864 will get you an RFE and your case will be on hold.

Definitely no EAD.

If you are looking for an official page on USCIS website that says I-864 is required.

Here is the link: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1d383e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=1d383e4d77d73210VgnVCM100000082ca60aRCRD

Start working on the taxes problem.

P.S: this is a family base AOS fourm, if anyone can help you move this to the Student/tourist AOS forum I believe more people can help you

Good luck

[KayDeeCee 4,896]

Here is the guide for filing the I-130 and I-485 concurrently: http://www.visajourney.com/content/i130guide2

You do indeed need the I-864 at the time of filing. It is a requirement of the I-485.

For self-employed, the only way to prove income is through line 22 of the most recent 1040, which in this case is 2011. You need to save or borrow to get the back taxes filed. You cannot get approved without a qualifying I-864. You need to list the income from the last 3 years of tax returns on #25 of the I-864, and you need to provide a complete copy of your 2011 return including the 1040 and all schedules, attachments and 1099s.

[Anh map 2,098]

I'm a foreign student (F-1 status) and currently on OPT, which expires at the end of October this year. My fiancé and I are going to get married very soon; however, after having done much research, I found out that he would need to file I-864, Affidavit of Support. That creates a major obstable for us. I'm looking for some answers.

Our situation is that he's self-employed (has his own business) and has not filed taxes for the last 2 years. I read that he will need to submit IRS transcripts of the most recent tax year (2011) or the 3 most recent years (2009, 2010, 2011). He explained to me that he is unable to do so because he would have to pay in (a lot) and he doesn't have the money to do it. His business has been very slow the last 2.5 years; hence, the reason for not filing taxes. As for myself, I do have a permanent part-time job (that I started in March so I have been at this job for about 4 months). My earnings is around $1,000/mo net. We are thinking about selling the car, getting a 2nd job, maybe borrowing money from family, getting a loan, etc so that we can get the money together for him to file taxes. This is going to take time.

On this page on the USCIS website, Green Card for an Immediate Relative of a U.S. Citizen , it says that we need to file Form I-485 and Form I-130. I don't see it says we have to file I-864.

So my questions are:

1) Can we file Form I-485, I-130 and I-765 WITHOUT the I-864 FOR NOW? By doing so, can I still get a new EAD before my OPT expires? That way I can hopefully keep the job I'm having. How long do they give you? If I can't get it, that means I will be asked to leave when October rolls around since I don't have a new EAD to show my employer. I really hope you guys say YES.

2) If it's okay to submit I-864 (and those tax returns) later, then when will it eventually be required?

Is it going to be like...a few months later we will hear from USCIS saying that our documents were received and the interview is at this time and date and please submit the I-864 before/at the interview?

Is it possible to request an extension if needed?

3) Is it the most recent tax year he needs to file or does it have to be 3 years in a row? Does my income, although not a whole lot, help at all? I do live in the same house with him and I don't have to pay rent so my income is more than enough to cover some bills, food and the necessities. I'm not exactly living comfortably but definitely not struggling.

If they don't accept my application without I-864, can I - being married to a US citizen, having entered the US legally, and currently still in legal status - remain in the US legally (after my OPT expires) until we can sort things out? And how long can I stay?

Please help! Much appreciated!

The solution is that he needs to file his taxes. Nothing else. Filing the tax return can happen today. Then there would be arranging payment.

As a self employed person the most recent year's tax return is the only accepted income amount. Filing for an extension (which he should have done in the past) does not matter.

So tell your fiance to stop making excuses. Get it filed.