AOS help? Documents prepared and ready to go

[Mythical85 0]

I had some questions about the adjustment of status, my wife came here on a K1 visa from Colombia in August 2012 and we got married October 13th, 2012 within the 90 days. My wife at this point is out of status and already has her vaccinations from April of 2012, at this point we were delayed because of a couple of different things mainly due to income which has been taken care of now. We've already filled out all the documents, I switched jobs (uninterrupted income history) and am well above the poverty level for 2 people at this point, just filed our 2012 taxes and have 3 years worth of W2's for the affidavit of support.

A couple of questions before we submit the documents

1) For the w2's, in some cases I was between jobs, in 2010 my income I think was slightly below the poverty level because I started working for a company for 2 months and got laid off then started another company around may of 2010 and throughout December, I didn't make quite enough for the year to be above poverty level. In 2011 I got laid off and transferred immediately to different payroll (same job) under a transistion service and then was told about a planned lay off so I switched to a third job which means I had 3 w2's for 2011. 2012 I left another large company to go to a different company which I had 2 w2's for 2012, is this going to affect how I report income? For the affidavit of support do I report my income from 2012 or my planned income for 2013?

2) On my wife's last name for the documents, my wife is insisting she put my last name, however when we got married she never legally changed her last name to my name via a court, we applied for a marriage license and got married in a church. From my understanding, you need to legally change your name to use that last name, my wife is claiming this shouldn't be an issue but I have explained to her she will need to use the legal name on her passport, can anyone confirm this?

3) Which lockbox do we send the documents to?

4) When we submit the documents, are we required to go to a interview or is it random? How does my wife do the biometrics and where are these generally scheduled?

5) Will my wife have work authorization or be able to travel before the interview date?

6) Most critical question, with my wifes i-94 expired, are we required to submit a petition along with the AOS since we filed outside the 90 days? I was told you need some sort of waiver or petition.

thanks.

Edited January 23, 2013 by Mythical85

[KayDeeCee 4,896]

I had some questions about the adjustment of status, my wife came here on a K1 visa from Colombia in August 2012 and we got married October 13th, 2012 within the 90 days. My wife at this point is out of status and already has her vaccinations from April of 2012, at this point we were delayed because of a couple of different things mainly due to income which has been taken care of now. We've already filled out all the documents, I switched jobs (uninterrupted income history) and am well above the poverty level for 2 people at this point, just filed our 2012 taxes and have 3 years worth of W2's for the affidavit of support.

A couple of questions before we submit the documents

1) For the w2's, in some cases I was between jobs, in 2010 my income I think was slightly below the poverty level because I started working for a company for 2 months and got laid off then started another company around may of 2010 and throughout December, I didn't make quite enough for the year to be above poverty level. In 2011 I got laid off and transferred immediately to different payroll (same job) under a transistion service and then was told about a planned lay off so I switched to a third job which means I had 3 w2's for 2011. 2012 I left another large company to go to a different company which I had 2 w2's for 2012, is this going to affect how I report income? For the affidavit of support do I report my income from 2012 or my planned income for 2013?

You only need to list the incomes from the last 3 years of taxes and physically send in the most recent year. If you already filed 2012, then send a copy of your complete return with all forms, schedules and W-2s. If your most recent is still 2011, then just send a free IRS tax return transcript. No need for W-2s then. You will list your current annual income on the form as what you are currently earning. So, how much you make a a week times 52 weeks. Back that up with a letter from your employer and most recent pay stubs.

2) On my wife's last name for the documents, my wife is insisting she put my last name, however when we got married she never legally changed her last name to my name via a court, we applied for a marriage license and got married in a church. From my understanding, you need to legally change your name to use that last name, my wife is claiming this shouldn't be an issue but I have explained to her she will need to use the legal name on her passport, can anyone confirm this?

If she wishes to use your name from now on then that is that is the name you use on all the AOS forms. There is no need for a court order to change your name through marriage. The certified marriage certificate acts as the legal name change document, for the USCIS, her SSN and all accounts.

3) Which lockbox do we send the documents to?

This is listed in the I-485 instructions. Chicago.

4) When we submit the documents, are we required to go to a interview or is it random? How does my wife do the biometrics and where are these generally scheduled?

A biometrics appointment letter will be sent to her. It will be at your nearest local USCIS office. Interviews are random and are about a 50/50 chance.

5) Will my wife have work authorization or be able to travel before the interview date?

You will file for the EAD(I-765) and AP(I-131) along with the I-485. They are usually received in about 2-3 months after filing and can be used while waiting for the green card to be approved. http://www.visajourney.com/content/k1k3aos

6) Most critical question, with my wifes i-94 expired, are we required to submit a petition along with the AOS since we filed outside the 90 days? I was told you need some sort of waiver or petition.

No. There is no deadline to file for AOS. So long as you married within the 90 days of enter with the K-1, you are eligible to file for AOS at anytime after that.