Moving - File Now, Or Wait?

[STL_HCMC 0]

Hello!

My wife's I-94 is set to expire December 28, 2006. We were married November 22, 2006. Prior to my wife entering the United States on her K1 visa, I was living/working in Ho Chi Minh City, Vietnam (where we met). I moved back to the United States with her the end of September, and returned unemployed. I have recently accepted a job that will begin on January 2, 2007.

We are currently living in St. Louis, MO. However, my new job will relocate us (the end of December) to Arkansas.

My questions:

1. Should we file for AOS from our current St. Louis, MO address and just file address change forms after we are settled in Arkansas, or should we take the risk of her being 'out of status' and wait to file after we are settled at our new Arkansas address?

2. For the I-864, has anyone had any experience in initially submitting a job offer to satisfy the proof of income evidence?

3. Does the civil surgeon location matter in regards to the AOS application (i.e. can the sealed I-693 be from St. Louis, even though we file from Arkansas)?

Thanks in advance! This is such fun trying to get this AOS organized while being in the middle of a corporate relocation!

STL_HCMC

[Heracles 417]

Hello!

My wife's I-94 is set to expire December 28, 2006. We were married November 22, 2006. Prior to my wife entering the United States on her K1 visa, I was living/working in Ho Chi Minh City, Vietnam (where we met). I moved back to the United States with her the end of September, and returned unemployed. I have recently accepted a job that will begin on January 2, 2007.

We are currently living in St. Louis, MO. However, my new job will relocate us (the end of December) to Arkansas.

My questions:

1. Should we file for AOS from our current St. Louis, MO address and just file address change forms after we are settled in Arkansas, or should we take the risk of her being 'out of status' and wait to file after we are settled at our new Arkansas address?

2. For the I-864, has anyone had any experience in initially submitting a job offer to satisfy the proof of income evidence?

3. Does the civil surgeon location matter in regards to the AOS application (i.e. can the sealed I-693 be from St. Louis, even though we file from Arkansas)?

Thanks in advance! This is such fun trying to get this AOS organized while being in the middle of a corporate relocation!

STL_HCMC

Personally I would wait. As long as you where married within the 90 day period you will not have any issues. Especially if you are only a week or so out of status. Just tell the USCIS that you where in the middle of moving and waited to file after the move.

When it comes to proof of income they will basically look at your previous earnings as well as your current earnings. As long as you previous tax return states that your income was over the required threshold, you will not have an issue. If you are simply relocating within the same company, all you need is your latest paychecks along with your previous tax return.

The civil surgeon can be from anywhere, as long as they are approved by USCIS.

Edited December 11, 2006 by Infidel

[STL_HCMC 0]

Thanks Infidel.

There is a slight issue in regards to previous years tax returns. In 2003 and 2004 I was still an undergrad student, thus having minimal income from part-time employment. For half of 2005 and 3/4 of 2006 I was employed by a private Vietnamese company in Vietnam. I made very, very good money by Vietnamese standards, but that is just above poverty level here in the United States. So my 2005 tax return shows minimal income because the first half of '05 I was finishing my undergrad, and the second half of '05 I was working in Vietnam.

Any further advice?

I am not relocating within the same company. In Vietnam there weren't any paystubs. I was paid in cash. That is the way it was done there. All of this income is declared on my taxes, but there is no W-2 type of deal in Vietnam.

STL_HCMC

When it comes to proof of income they will basically look at your previous earnings as well as your current earnings. As long as you previous tax return states that your income was over the required threshold, you will not have an issue. If you are simply relocating within the same company, all you need is you latest paychecks along with your previous tax return.

[Heracles 417]

That might be an issue. Is there any chance you can get a cosponsor? This would make things really easy for you..

[STL_HCMC 0]

A co-sponsor could be arranged, but why would this be necessary when my new job (starting 1/2/07) will pay well over the poverty guidelines for a household size of two?

Are past earnings more important than future earnings? I can submit the accepted job offer (detailing salary, bonus, relocation, benefits, etc.).

Her K1 was approved in Vietnam without a co-sponsor. My income in Vietnam was above poverty guidelines, however, that was displayed as a total annual salary in the employer letter. What is shown on my '05 tax return, and subsequently will be shown on my '06 tax return, is obviously a partial amount being that I didn't start working until June 2005 (i.e. 7 months for 2005), after I had graduated with my undergrad degree, and '06 will be a partial amount as I resigned my position to return to the US with her in September '06 - thus 9 months of that annual salary reflected on the '06 return.

I sincerely appreciate your help.

STL_HCMC

That might be an issue. Is there any chance you can get a cosponsor? This would make things really easy for you..

[Heracles 417]

A co-sponsor could be arranged, but why would this be necessary when my new job (starting 1/2/07) will pay well over the poverty guidelines for a household size of two?

Are past earnings more important than future earnings? I can submit the accepted job offer (detailing salary, bonus, relocation, benefits, etc.).

Her K1 was approved in Vietnam without a co-sponsor. My income in Vietnam was above poverty guidelines, however, that was displayed as a total annual salary in the employer letter. What is shown on my '05 tax return, and subsequently will be shown on my '06 tax return, is obviously a partial amount being that I didn't start working until June 2005 (i.e. 7 months for 2005), after I had graduated with my undergrad degree, and '06 will be a partial amount as I resigned my position to return to the US with her in September '06 - thus 9 months of that annual salary reflected on the '06 return.

I sincerely appreciate your help.

STL_HCMC

This has been a problem for some people in the past. Even if someone is earning $100k now yet their previous tax statement filed is below or close to the PV guidelines, this could be a problem. If your annual income listed on your 2005 US tax return was above the PV guidelines, then you do not really need a cosponsor.

Edited December 11, 2006 by Infidel

[STL_HCMC 0]

Thanks Infidel.

Do you think the fact that I was working for a private Vietnamese company in Vietnam would carry any kind of weight? It seemed to carry during the K1 interview at the US Consulate in HCMC, but I know that AOS is a whole different ball game.

STL_HCMC

This has been a problem for some people in the past. Even if someone is earning $100k now yet their previous tax statement filed is below or close to the PV guidelines, this could be a problem. If your annual income listed on your 2005 US tax return was above the PV guidelines, then you do not really need a cosponsor.