A few questions please.

[Kaygrace 0]

Hello, I've been lurking around learning information from this site before making an account~

I have a few questions that I can't seem to find in others posting and that maybe irrelevant just wondering for my own peace of mind.

Background: My husband entered on the VWP from Canada. I am US Citizen. He is overstay(visitor)unfortunately due to our lack of knowledge and stupidity on the issue. He did not intend to marry me before coming here he was actually suppose to leave after a month. We've been together 2yrs.

We're six years apart and I turned eighteen the day before we got married.

Does this look bad would it cause some concerns since I am so young?

Second, he wanted to change his last name to mine instead.

I want to try and get our paperwork out as soon as possible since we've already waited eight months after marriage to gather proof and for financial reasons.

Would it be wise just to leave his last name as is? would that make a difference for a bona fide marriage?

If he did change his last name would we have to change his passport and Florida ID before sending the paperwork out?

( Is it a problem that we got him a Florida ID while he was in overstay?)

If that is easier and not going to hurt or help our AOS should we stay with that plan?

My father is going to provide an Affidavit of support for us. He currently has only been with his new job for six months is this a problem? Before finding employment he was on unemployment for over a year. Is that going to hurt his support? He is making well above what is required.

Should we still send in his tax returns where he was receiving financial help? or just the pay stubs and bank statements from his current employment?

I receive SSI until I graduate (from my mother's SSI) Should I list that income as well? It is only going to last until May and it is a low amount.

I'm currently trying to add my husband onto my lease but it is in my name at the moment.

We have one utility bill in his name and one in mine. joint bank accounts, plenty of pictures, bank statements of hotel stays/vacations. We're working on getting a couple friends to sign an affidavit verifying our relationship and holiday cards. Do you think that is enough evidence of a marriage? We don't have any credit cards and my car is currently in my father's name should I switch that to ours?

Also, do we send all of the evidence in with the AOS package?

Thank you for your reading & help with these questions~

[/font]

[Kaygrace 0]

Couldn't find where to edit and add this ?:/

***One more question most important one to me***

We recently moved to a new address and my driver's license and his State ID say our previous address.

Is this going to be a problem should I change it before we send our paperwork out?

I don't know if he could even get a new state ID since his is temporary does it matter?***

[Jahwaree 83]

Dont know most of the the immi answers but others will chime in, however do not change his last name yet it will only complicate matters, when he applies for US citizeship 3 yrs after your marriage he can request name change at no extra cost, right now you are very young and also need an income to sponsor someone' the I 864 from dad is fine but not in itself adequate, USCIS wants to be sure hubby wont become a public charge, that you can afford him, regarding you other questions I'm not 100% sure on the answers and dont want to misinform you....get his name on that lease and try to get yourself a job even part-time I dont tghink SSI will do it.

[Kaygrace 0]

Dont know most of the the immi answers but others will chime in, however do not change his last name yet it will only complicate matters, when he applies for US citizeship 3 yrs after your marriage he can request name change at no extra cost, right now you are very young and also need an income to sponsor someone' the I 864 from dad is fine but not in itself adequate, USCIS wants to be sure hubby wont become a public charge, that you can afford him, regarding you other questions I'm not 100% sure on the answers and dont want to misinform you....get his name on that lease and try to get yourself a job even part-time I dont tghink SSI will do it.

Thank you for the reply, We're going to file for I-765 so he is able to work as soon as possible. Will that make a difference to them?

I can look for a part time job but as of now my father is paying our bills until I graduate, I will apply for financial aid in college but is having a part-time job going to make a big difference? Do I have to have an income for the AOS to be approved? I thought having a sponsor's income was sufficient?

Sorry for all the questions~

[AnotherLostSoul 167]

As the instruction the sponsorship form says:

"To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal poverty guideline for your household size."

This means, that even if your husband got his EAD first your package has to be not rejected Part of the package is the sponsorship form that meets the above requirements If you don't have that, he won't get processed, hence he won't get his EAD, so forget about him working and getting any money You have to provide proof that you can support him in case he never ever in this life ever finds a job. And while your dad and mom can be "joint" sponsors, I believe that SSI won't work! You'll have to find a job, either part time, or full time in which you'll be learning 125% above the poverty line based on your household size (two in your case). Good luck!

[Kaygrace 0]

As the instruction the sponsorship form says:

"To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal poverty guideline for your household size."

This means, that even if your husband got his EAD first your package has to be not rejected Part of the package is the sponsorship form that meets the above requirements If you don't have that, he won't get processed, hence he won't get his EAD, so forget about him working and getting any money You have to provide proof that you can support him in case he never ever in this life ever finds a job. And while your dad and mom can be "joint" sponsors, I believe that SSI won't work! You'll have to find a job, either part time, or full time in which you'll be learning 125% above the poverty line based on your household size (two in your case). Good luck!

Thank you, I just assumed if you have a sponsor that makes 125% more than the poverty line that is the person who is agreeing to pay for him? I'm a bit confused forgive me.

If I made above the poverty line I wouldn't need a sponsor so why do they have them? Obviously if I need to get a part time job I will do so, but I doubt that will cover what is needed on the guidelines. Do they just need to know I am working even if it is only part time? I'm currently in school full time.

Just my father being the sponsor making well above the required wouldn't be enough because I do not have an income?

( besides the temporary SSI that actually would come out to part-time minimum wage salary.)

[AnotherLostSoul 167]

Thank you, I just assumed if you have a sponsor that makes 125% more than the poverty line that is the person who is agreeing to pay for him? I'm a bit confused forgive me.

If I made above the poverty line I wouldn't need a sponsor so why do they have them? Obviously if I need to get a part time job I will do so, but I doubt that will cover what is needed on the guidelines. Do they just need to know I am working even if it is only part time? I'm currently in school full time.

Just my father being the sponsor making well above the required wouldn't be enough because I do not have an income?

( besides the temporary SSI that actually would come out to part-time minimum wage salary.)

Hey hey: no need to apologize...I just wrote you what I know. Don't worry. If you were to make enough money (that is above 125% of the poverty line/household size) then you would not need a joint sponsor. What they want to know that you have enough money to sponsor your husband, so that he won't become public charge. I don't know how they made their calculations to come with this 125% percent above poverty line, but that is what they believe is sufficient for your husband to be fully covered and financed by you. If your father is making well above the 125% poverty line, he can be your co-sponsor. Then you would need to fill out the form (I-863) and have you include your dad in there as a joint sponsor and attach your tax return (if any) and the last three years of your dad's tax return. If you don't have any tax returns since you did not work you would have to have a separate word doc stating why you did not work (example: you have been a full time student at xx high school and just going to graduate. You are intending to go to college (if you are) and/or wanting to be employed starting from Fall (I'm making this up right now). I believe the SSI would not suffice as it is already and "aid" showing that you don't have money, hence for USCIS that does not qualify as they would simply say "if you are already on aid, how could you sponsor your husband?" That would be just a "threat" to them that your husband will become public charge and will ask for governmental aid, and all that for his living, school and whatnot. I hope this helps, and again, I am no expert in this, maybe some way more smart ones will chime in and give you better info. Good luck!

[Kaygrace 0]

Hey hey: no need to apologize...I just wrote you what I know. Don't worry. If you were to make enough money (that is above 125% of the poverty line/household size) then you would not need a joint sponsor. What they want to know that you have enough money to sponsor your husband, so that he won't become public charge. I don't know how they made their calculations to come with this 125% percent above poverty line, but that is what they believe is sufficient for your husband to be fully covered and financed by you. If your father is making well above the 125% poverty line, he can be your co-sponsor. Then you would need to fill out the form (I-863) and have you include your dad in there as a joint sponsor and attach your tax return (if any) and the last three years of your dad's tax return. If you don't have any tax returns since you did not work you would have to have a separate word doc stating why you did not work (example: you have been a full time student at xx high school and just going to graduate. You are intending to go to college (if you are) and/or wanting to be employed starting from Fall (I'm making this up right now). I believe the SSI would not suffice as it is already and "aid" showing that you don't have money, hence for USCIS that does not qualify as they would simply say "if you are already on aid, how could you sponsor your husband?" That would be just a "threat" to them that your husband will become public charge and will ask for governmental aid, and all that for his living, school and whatnot. I hope this helps, and again, I am no expert in this, maybe some way more smart ones will chime in and give you better info. Good luck!

Thank you, I understand a bit better now.

(Well the SSI I receive is because my mother has disability it is only paid to me because I turned eighteen before I graduated high school and receive until I do which is May)

Just make a separate folder stating I do not work and am going to be attending college in the fall? They will accept this along with my father's information?

I include this in the affidavit of support file?

Also, my father just became employed since January at one job then switched jobs in June when we moved to our new address. (that I am currently the lease holder at)

Since before January he was receiving unemployment does this disqualify him for support even though he is making sufficient funds now?

Should I still send in his joint tax returns for the support? It was jointly filed since my parents are still married but separated.

( My mother receives the disability for quite some time now)

[AnotherLostSoul 167]

Thank you, I understand a bit better now.

(Well the SSI I receive is because my mother has disability it is only paid to me because I turned eighteen before I graduated high school and receive until I do which is May)

Just make a separate folder stating I do not work and am going to be attending college in the fall? They will accept this along with my father's information?

I include this in the affidavit of support file?

Also, my father just became employed since January at one job then switched jobs in June when we moved to our new address. (that I am currently the lease holder at)

Since before January he was receiving unemployment does this disqualify him for support even though he is making sufficient funds now?

Should I still send in his joint tax returns for the support? It was jointly filed since my parents are still married but separated.

( My mother receives the disability for quite some time now)

Hello there:

I think getting money due to you being 18 before you graduate high school based on your mom's disability really shows USCIS that you have "nothing" and that would be a big redflag for you and your husband AOS procedure. And while your dad only started working in January, if he is getting above that 125% poverty line that is great. And that would help big times! The fact that unemployed before may weaken the situation but I really don't see how other source you could get a joint sponsor. Since I don't know your family, I'm just throwing this out here, but maybe your mom's or dad's siblings could help in? In case you go with your dad, yes definitely send the tax return of his, even if it was a "joint tax return" and even though currently your mom and dad lives separately. That is for sure! And if it possible, his pay stubs would be good to copy and send in along as well. I hope this helps. Have you seen the I-853 form and the instruction with it? It will be more clear once you take a look at both the form and the instruction. It is found on USCIS website. (www.uscis.gov and go to the "forms" section and scroll down to find it). All the best, okay?

[Kaygrace 0]

Hello there:

I think getting money due to you being 18 before you graduate high school based on your mom's disability really shows USCIS that you have "nothing" and that would be a big redflag for you and your husband AOS procedure. And while your dad only started working in January, if he is getting above that 125% poverty line that is great. And that would help big times! The fact that unemployed before may weaken the situation but I really don't see how other source you could get a joint sponsor. Since I don't know your family, I'm just throwing this out here, but maybe your mom's or dad's siblings could help in? In case you go with your dad, yes definitely send the tax return of his, even if it was a "joint tax return" and even though currently your mom and dad lives separately. That is for sure! And if it possible, his pay stubs would be good to copy and send in along as well. I hope this helps. Have you seen the I-853 form and the instruction with it? It will be more clear once you take a look at both the form and the instruction. It is found on USCIS website. (www.uscis.gov and go to the "forms" section and scroll down to find it). All the best, okay?

Thank you, yes I receive because I was a dependent child of hers. Should I not list it at all? like I said it will end in May. "be a big redflag for you and your husband AOS procedure" Are you saying I should wait to file until the benefits run out in May? :/ If that is going to jeopardize our AOS I will. Although it would be nice for us to start living more independently and getting the process moving..

I really don't know anyone else who could help us with this since my mother is on disability. I thought that counted like a regular income because it was awarded not given based on no income like say welfare? As for dependents of my father would I list myself and my mother as well? even though my mother has her own income? Or just list my husband? ( and yes he's above the 125% poverty line)

I've briefly looked over the form but not the instructions all get to that as well.

Again thanks for all your help ~

[AF-Wife 181]

Hey,

i have one question, if you don't mind how did you get your husband a Florida ID while being here as an overstay? Didn't you have to give them proof, that he lives here?

[gstrength 20]

Hello, I've been lurking around learning information from this site before making an account~

I have a few questions that I can't seem to find in others posting and that maybe irrelevant just wondering for my own peace of mind.

Background: My husband entered on the VWP from Canada. I am US Citizen. He is overstay(visitor)unfortunately due to our lack of knowledge and stupidity on the issue. He did not intend to marry me before coming here he was actually suppose to leave after a month. We've been together 2yrs.

We're six years apart and I turned eighteen the day before we got married.

Does this look bad would it cause some concerns since I am so young?

Second, he wanted to change his last name to mine instead.

I want to try and get our paperwork out as soon as possible since we've already waited eight months after marriage to gather proof and for financial reasons.

Would it be wise just to leave his last name as is? would that make a difference for a bona fide marriage?

If he did change his last name would we have to change his passport and Florida ID before sending the paperwork out?

( Is it a problem that we got him a Florida ID while he was in overstay?)

If that is easier and not going to hurt or help our AOS should we stay with that plan?

My father is going to provide an Affidavit of support for us. He currently has only been with his new job for six months is this a problem? Before finding employment he was on unemployment for over a year. Is that going to hurt his support? He is making well above what is required.

Should we still send in his tax returns where he was receiving financial help? or just the pay stubs and bank statements from his current employment?

I receive SSI until I graduate (from my mother's SSI) Should I list that income as well? It is only going to last until May and it is a low amount.

I'm currently trying to add my husband onto my lease but it is in my name at the moment.

We have one utility bill in his name and one in mine. joint bank accounts, plenty of pictures, bank statements of hotel stays/vacations. We're working on getting a couple friends to sign an affidavit verifying our relationship and holiday cards. Do you think that is enough evidence of a marriage? We don't have any credit cards and my car is currently in my father's name should I switch that to ours?

Also, do we send all of the evidence in with the AOS package?

Thank you for your reading & help with these questions~

[/font]

I do not believe that he could adjust from VWP, persons whom were admitted into the USA under the VWP generally, are not eligible to adjust status in the country. The age difference could be cause of concern, but, as long as you can provide evidence of a bona fide marriage you should be fine. Second question, I believe it varies from state to state."Currently, men who want to change their names upon marriage must worry about the formal statutory scheme for changing one's name in their respective states. If the wife takes the groom's name then it is as simple as filling out the marriage certificate, but it is not so easy for grooms."

The trend of men giving up their own names and taking their wives' surnames has been growing in recent years in the United States." However, only a handful of states give this right to men. In most states, men who want to change their name upon marriage must go through the formal statutory name change proceeding. I would not change the name. As far as the Affidavit of Support goes, you (Petitioner) must submit an I-864, your joint sponsor must submit an I-864, both with all the supporting documentation required. Before you start the process, maybe you should consult an attorney, usually the first consultation is free. For help on the process, try and read this link it can be of assistance:

http://www.visajourney.com/content/i130guide2

Good Luck

[gstrength 20]

Hey hey: no need to apologize...I just wrote you what I know. Don't worry. If you were to make enough money (that is above 125% of the poverty line/household size) then you would not need a joint sponsor. What they want to know that you have enough money to sponsor your husband, so that he won't become public charge. I don't know how they made their calculations to come with this 125% percent above poverty line, but that is what they believe is sufficient for your husband to be fully covered and financed by you. If your father is making well above the 125% poverty line, he can be your co-sponsor. Then you would need to fill out the form (I-863) and have you include your dad in there as a joint sponsor and attach your tax return (if any) and the last three years of your dad's tax return. If you don't have any tax returns since you did not work you would have to have a separate word doc stating why you did not work (example: you have been a full time student at xx high school and just going to graduate. You are intending to go to college (if you are) and/or wanting to be employed starting from Fall (I'm making this up right now). I believe the SSI would not suffice as it is already and "aid" showing that you don't have money, hence for USCIS that does not qualify as they would simply say "if you are already on aid, how could you sponsor your husband?" That would be just a "threat" to them that your husband will become public charge and will ask for governmental aid, and all that for his living, school and whatnot. I hope this helps, and again, I am no expert in this, maybe some way more smart ones will chime in and give you better info. Good luck!

Incorrect, there is not such thing as I-863. You must submit a form I-864 with all supporting documents,regardless if you filed income taxes or not. If you did not filed your taxes for whatever (legal) reason you submit the form and a letter explaining why you did not file taxes, but you (petitioner) MUST send an I-864 just like the joint sponsor has to. If the joint sponsor makes enough money to cover the poverty guidelines for the number of people in his household, that is all, as far as the USCIS is concerned. They like to see an income trend upwards, if your father makes more money now than two years ago, that's good. I would encourage you to read the guides in this site as well as the immigration forms guides.

Good Luck

Edited November 24, 2012 by gstrength

[Tanja08 11]

You can adjust from vwp!!! And I don't think 6 years is a big age gap.

[AnotherLostSoul 167]

Ok, sorry it is NOT I-863 but I-864, but I believe you would have figured that out as soon as you went onto USCIS website, so this is not that relevant, but again, I'm sorry I messed up on the form...anyway, like most said here, you need that. And I think, again, I THINK, your dependent aid from your mom's disability only weakens your case. That is not counts as a steady income, but it is already an aid you are getting from your mom's disability. That would not prove USCIS that if your husband never ever will work in the US you can easily fully sponsor him financially. You have to have something that really shows that. Your dad, if he is willing to be a joint sponsor, will need to fill out this form I messed up the number on, and if he is doing good financially then will show USCIS that here is a guy who is willing and can sponsor your husband any time needed, instead of your husband becoming a public charge immediately when he gets his income. And Tanja08 says he cannot actually adjust status on VWP here in the US...check after this. I honestly have no idea about that! I had no one who was on that category, so I really don't know. Good luck!