File I864 or back to China???

[liangliang 0]

My husband is current working in the U.S. My PD is 6.5.2012. There's 8 months left. I am wondering whether he should file I864 or back to China to have the interview? Because he is going to apply for the graduate school, the application will due at the end of this year. So which way will be better for him? I heard only the bulletin is current we can file I864, then wait the processing time we can get it. Is that right?

[Darnell 8,479]

husband is the petitioner?

you are the beneficiary ?

where are YOU, now ?

[liangliang 0]

husband is the petitioner?

you are the beneficiary ?

where are YOU, now ?

I am a green card holder, my husband is beneficiary.

[Darnell 8,479]

ah - it's flipped. ok.

how close are you to being eligible to file for USCitizenship,

and

where (which country) is the graduate program he wants to attend?

[liangliang 0]

ah - it's flipped. ok.

how close are you to being eligible to file for USCitizenship,

and

where (which country) is the graduate program he wants to attend?

3 more years left...

U.S

If possible, the green card would get at the end of this year, this will help him to apply the graduate school.

[Darnell 8,479]

i think it's not enough to rely on the VB to plan your calendar.

why? sometimes things go faster than the VB, and sometimes there is a retrogression.

if you already have an approved I-130, you should call in to National Visa Center and inquire about further processing.

I'll write more after lunchtime today...

[aaron2020 11,651]

My husband is current working in the U.S. My PD is 6.5.2012. There's 8 months left. I am wondering whether he should file I864 or back to China to have the interview? Because he is going to apply for the graduate school, the application will due at the end of this year. So which way will be better for him? I heard only the bulletin is current we can file I864, then wait the processing time we can get it. Is that right?

Your husband's income would only count if it was current at his interview. Once he stops working, then it cannot be used on the I-864.

Even if you file now, it does not matter. What will his income be on he day of his interview?

If his interview is after he quits his job, then his income will not count.

Edited June 8, 2013 by aaron2020

[Darnell 8,479]

he = beneficiary.

her = petitioner, the greencard holder

to complicate matters, both are in USA at the moment.

[aaron2020 11,651]

he = beneficiary.

her = petitioner, the greencard holder

to complicate matters, both are in USA at the moment.

Got it. Modified my answer.

he = beneficiary.

her = petitioner, the greencard holder

to complicate matters, both are in USA at the moment.

Got it. Modified my answer.

[Darnell 8,479]

liangliang - since you are the petitioner, the primary sponser - on what basis do you feel your husband is eligible to file the I-864 ?

I ask, just in case he's been here on a work visa for some years and qualifies already on the I-864W.

[aaron2020 11,651]

liangliang - since you are the petitioner, the primary sponser - on what basis do you feel your husband is eligible to file the I-864 ?

I ask, just in case he's been here on a work visa for some years and qualifies already on the I-864W.

Since the Beneficiary is legally working in the US, his current US income is countable for the I-864.

The problem is that the OP wants to submit the I-864 now while he is working. She may be concern that income will be gone and uncountable when he is ready to adjust or return to China for his interview.

Please correct me if I am wrong.

[Darnell 8,479]

ya, he can't adjust, there is no basis - petitioner is LPR, a greencard holder with 3 years left to wait to apply for USCitizenship.

so, for him to get a green card, it's going to be a visa interview in Guangzhou IV.

although his stuff IS countable for prior years since it's income inside the USA,

does it count 'enough' to use the I-864W ? there's a thresh-hold for that form - and if he qualifies, GREAT !

if he doesn't meet the thresh-hold, then sure - SHE has to file the I-864 with HER as the primary sponser.

more later.

[jackiepan 0]

hi, i'm on the same boat as your hubby that i'm currently working in the US and my PD is Nov 2011. Do you have your case approved? Mine hasn't, so I don't know if I'm eligible to adjust the status inside US by sending I-485. The VB says that the F2A might become current in the coming months, i'm worried that i might miss the huge leakage this time because of the incomplete case status. In your case, you(LPR) are always the primary fanaicial sponsor, and your hubby could be the secondary if he files the tax return with you jointly. That's what my understanding

Edited June 8, 2013 by jackiepan

[liangliang 0]

hi, i'm on the same boat as your hubby that i'm currently working in the US and my PD is Nov 2011. Do you have your case approved? Mine hasn't, so I don't know if I'm eligible to adjust the status inside US by sending I-485. The VB says that the F2A might become current in the coming months, i'm worried that i might miss the huge leakage this time because of the incomplete case status. In your case, you(LPR) are always the primary fanaicial sponsor, and your hubby could be the secondary if he files the tax return with you jointly. That's what my understanding

I haven't receive that yet. You can call uscis if your PD is current. I do not care the financial sponsor, we will ask someone else to do it. If you are working here, and the visa still available at the time you have the interview, you can use the I485. It doesn't matter whether your applicant is green card or citizen.

i think it's not enough to rely on the VB to plan your calendar.

why? sometimes things go faster than the VB, and sometimes there is a retrogression.

if you already have an approved I-130, you should call in to National Visa Center and inquire about further processing.

I'll write more after lunchtime today...

I made a big mistake... Sorry for that. I want to ask whether he should file I485 or back to China to have the interview. Which way would be faster. Sorry for the mistake.

[Darnell 8,479]

LPR petitioner's have no basis to file the I-485 on behalf of a spouse. You are claiming it's possible. Apologies, I'm out.