AOS in US without visa...

[mccbsimon 5]

One other question. What about the affidavit of support? How do you propose to fulfill that requirement?

my wife does not have income (stay home mom with our new born) nor do i obviously, so , she is the sponsor that CANNOT meet the minimum poverty guideline requirments, so we got a co-sponsor which happens to be the person that we live with (her gpa and gma). and her gpa certainly surpasses the requirements without having to add assets to the list. so,, to answer your question, thats how! i hope...

[ceadsearc 516]

my wife does not have income (stay home mom with our new born) nor do i obviously, so , she is the sponsor that CANNOT meet the minimum poverty guideline requirments, so we got a co-sponsor which happens to be the person that we live with (her gpa and gma). and her gpa certainly surpasses the requirements without having to add assets to the list. so,, to answer your question, thats how! i hope...

That should work, just make sure your wife also fills out an I-864 even if she has no income and provides her most recent tax return or reason she was exempt from filing, and that her grandma properly counts household size (it sounds like she is supporting your wife and your child, plus you and her husband, so household size of 5, unless she has additional dependents or someone else is supporting your wife and child).

Edited July 19, 2012 by ceadsearc

[mccbsimon 5]

That should work, just make sure your wife also fills out an I-864 even if she has no income and provides her most recent tax return or reason she was exempt from filing, and that her grandma properly counts household size (it sounds like she is supporting your wife and your child, plus you and her husband, so household size of 5, unless she has additional dependents or someone else is supporting your wife and child).

actually HE not she would count his household size as 3. if you read the instructions you will understand. he counts himself, his wife and me the intending immigrant. ...heres the instructions and PLEASE correct me if im wrong..

"your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support."

my wife and daughter do NOT fall under any of those categories. those instructions are directly from the forms instructions. so on that note i followed what the USCIS instructions told me to do. again, if im wrong please correct me.

[SOflaherty 40]

our case is really different than most and my intentions were and still are very pure.

I don't know why you keep saying this, it's really not. 'We are young and just starting out and poor and thus have few to no accounts/leases together' is something we see here just about on a daily basis. Your case is far from "different than most".

[Que Saudade 284]

i really had no idea, i am very sorry to all as i truly meant no harm. like anyone, i simply had/have questions. our case is really different than most and my intentions were and still are very pure. its not like some one educates you on the immigration laws, forms, and steps that there are to becoming an LPR and citizen. like most im assuming, i just researched everything on my own and filed my papers etc. i truly appolagize if i have offended anyone by my posts. i know its been alot tougher for others and i thankfully have been put in a very fortunate situation. again, i still have my fears and paranoia like everyone lol.

I haven't perceived anything offensive from you, nor have I seen anyone responding as if they were offended.

No need for an apology. You haven't caused any "harm" to anyone.

The bottom line is that if you didn't come here originally with the intent to immigrate, no problem there. You will have to explain yourself though. Things changed along the way. You are now attempting to do things the correct way from here on out.

As for the dependents question, I can't help you there. But, it does seem to me the since your wife doesn't work, someone has to be supporting her and it is not you. The child also falls into this category. But, as I said, I sure as heck am not well informed in this particular area. Maybe another platinum or diamond member will confirm or deny what ceadsearc posted.

Either way, good luck. Best wishes to you, your wife, and your new baby.

[ceadsearc 516]

actually HE not she would count his household size as 3. if you read the instructions you will understand. he counts himself, his wife and me the intending immigrant. ...heres the instructions and PLEASE correct me if im wrong..

"your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support."

my wife and daughter do NOT fall under any of those categories. those instructions are directly from the forms instructions. so on that note i followed what the USCIS instructions told me to do. again, if im wrong please correct me.

As you said neither you nor your wife had income and lived with her grandparents, I assumed the grandparents would be claiming one or both as dependents on their tax returns. If not, then no, they would not technically be counted.

Edited July 20, 2012 by ceadsearc

[mccbsimon 5]

As you said neither you nor your wife had income and lived with her grandparents, I assumed the grandparents would be claiming one or both as dependents on their tax returns. If not, then no, they would not technically be counted.

they did not claim us...and thats why i did not write down 5 people...i HOPE and PRAY that was a correct move of mine. they didnt claim us...therefore were not dependents. thats EXACTLY what the instructions say..dependents..and they didnt claim us...so gpa writes down 3 (himself, his wife, and teh intending immigrant) and my wife wrote 3 (herself, the intending immigrant and our daughter) ive really been stressing HARD about that today, but now that someone else agrees with my original theory, i feel a little better....anyone else on that subject have some insight?

[mccbsimon 5]

I don't know why you keep saying this, it's really not. 'We are young and just starting out and poor and thus have few to no accounts/leases together' is something we see here just about on a daily basis. Your case is far from "different than most".

as for THIS comment...lol, it really is unique. not that the story is ANY of your business,, but incase you didnt read the initial comment i started this thread with, here a short version is of it. i came here, visited, my wife and i drove 3 days to the saskatchewan border as we INTENDED to live there. they didnt let her through cause she had EVERYTHING she owned in the car without a visa..we didnt know the laws. so,,turned around and drove 3 days BACK to kansas. i got a B-2 at the time for 2 weeks. returned when i was supposed to. then crossed the border BACK into the US to visit her AGAIN. while here, we decided it would just be easiest for me to adjust and become an LPR here. so...unless you know ANYONE with that situation, i would say its VERY different that most people on the forum. but what would i know...

As you said neither you nor your wife had income and lived with her grandparents, I assumed the grandparents would be claiming one or both as dependents on their tax returns. If not, then no, they would not technically be counted.

ty again, that confirms my research and reasoning for putting the household sizes as i did. not that ONE person saying so makes it right lol, but it makes me feel better and im going for fingerprints either tom. or monday and will ask the guys at the infopass window and post my results when i get back home.

[ceadsearc 516]

ty again, that confirms my research and reasoning for putting the household sizes as i did. not that ONE person saying so makes it right lol, but it makes me feel better and im going for fingerprints either tom. or monday and will ask the guys at the infopass window and post my results when i get back home.

When it doubt, always follow the directions exactly. It sounds like you should be fine. If USCIS sees a problem, they will send you an RFE.

You may not have luck asking when you do your biometrics - only because in most (but not all) locations, the biometrics office is separate from the field office, and the people who staff the office where biometrics is done are not IOs and therefore can't advise you on it.

You can also call USCIS. They're notorious for misinformation, but if you ask to speak to a tier 2 representative (insist), they will transfer you and you will be speaking to an immigration officer who can then access your file and confirm that you've filled everything in properly.

Good luck!

[mccbsimon 5]

i was able to speak to the IO's at my local office when i completed my walkin biometrics. the office is in Wichita Kansas and its VERY slow there.

[DandT14 272]

Have you considered just opening an account at a different bank? One that will let you be added without a SSN? They're out there, but you'll have to call around.

Also, just to be clear, you were already married when you entered the US for the last time, right?

Did you answer ANY questions asked by border patrol or did your dad do all the talking?

[mccbsimon 5]

yes considered and yes we were married the last time i entered and yes they ONLY spoke to my dad i was smart to just kindly look and smile and read

[mccbsimon 5]

again, i really had no idea what we were going to do as we were newly weds and had the world at our finger tips so to speak.

[DandT14 272]

As far as I can see, that's the only issue you might run into. I saw someone else on here a long time ago who came in with a group of people from Canada, and they denied his AOS because they said he entered without inspection. But in his case, I think he actually was trying to be sneaky because he'd been denied entry before.

I think that's really rare case though. Since you were with your parents, it seems totally reasonable to me that you would be traveling with them and the border agent would speak only to them.

[mccbsimon 5]

they took our passports and scanned them. thus i was "inspected" so to speak