Peace of Mind

[tangrien 7]

Hello everyone,

I've been lurking on this site for several months, ever since my wife and I decided to get married. It has been a real source of calm and reassurance in a sea of doubt and ignorance I'm happy to have finally joined the site so that now I can (hopefully) help others in the future.

I am a USC and my wife is Turkish with an F1 visa. We married in November. We're applying for an AOS, filing jointly, and the guide on this site has been immensely helpful. I have all the forms downloaded and filled out, but I'm incredibly paranoid and nervous about messing something up, so I was hoping if anyone could put my mind at ease by kindly answering some questions (even if you don't know all the answers! )

a) Is it common for an F1 student to not have an A#? Throughout the forms it says "A# (if applicable)" and we suspect she doesn't have one because we haven't found one on any forms or documents.

b) Warning, this is the longest question... On the I-864, Affadavit of Support, I have a tax return for 2006, 2011, and 2012, but not 2010. I read the fine print and understand that I should include a note saying why I didn't file in 2010 (because as a student I had no income). However, in the box asking for my last three years income listed on my tax returns, should I write "2010 - $0" ? And for checkbox #13, should I NOT mark it, because I did not file in 2010? And lastly, my income in 2010 was $0, as stated, and my income in 2011 was below the poverty line, but my income in 2012 was above the poverty line, and for 2013 it is already above the poverty line (though no tax return until next year, obviously). I understand that no one here knows exactly what USCIS will think, but do you suspect that my low income in the past will cause red flags? I can get a joint sponsor if necessary, but I'd like to avoid it if rejection is a low probability and if I can always add a joint sponsor later without paying all the fees again.

c) I understand that I am filling out a form G-325a for myself AND her, but at the bottom of *my* G-325a (I am the USC), in the bolded box, where it asks for a name and A#, do I put her name or my name? I'd assume I put her name, since it asks for an A# also. But it says "Applicant," and throughout the G-325a it also asks for the "Applicant's" information and I was putting my information.

d) In the I-130, part C, field #22, it says "Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in: (City) (State)" Now I know I am sending this joint filing to the Chicago lockbox, but are they asking for which local field office we prefer to use here? For example, if we are living in northeast Florida, I could write Jacksonville, FL here? Or would I write Chicago, IL, and they'll automatically send us to the Jacksonville office for biometrics/interview? (I assume the former)

e) On form I-485, it asks for her "Current USCIS Status". She is on an F1 visa, currently on a SEVIS vacation semester. Should we write, "F1 - Student"? Is that what it is asking for?

f) Also on form I-485, in part B, it asks her to list all her spouses and children. I am her spouse, and she has no children. We listed myself, but where it says "Applying with you?" should we check Yes or No, keeping in mind I am the USC sponsor?

I apologize for that wall of text. Maybe we're being too thorough, too paranoid, or taking the language of the documents too literally. I've used the search function to find answers but either didn't find them, or found conflicting responses. The good thing about all this is that I've learned enough so that now maybe I can help others out with their own questions

Thanks everyone, and I hope you all are having (or had!) good luck with your own visa hurdles!

[tangrien 7]

Hey everyone,

I understand that was a lot of questions and I was probably overthinking things, but everything in my packet is ready to send except for the affadavit of support. Specifically, if in 2010 my income was $0 (I didn't file a tax return, and I included a piece of paper stating that), in 2011 my income was below the poverty line, but in 2012 my income was above the poverty line (and will be in 2013) - is there a realistic danger in our AOS being denied due to my income history?

I *can* have a joint sponsor, but only if absolutely necessary. Is it possible to add a joint sponsor later if the USCIS is uncomfortable, or will we have to start a whole new AOS process and pay the filing fees again?

Again, thank you to *anyone* who can help. This is the only thing holding us back from filing!

On the I-864, Affadavit of Support, I have a tax return for 2006, 2011, and 2012, but not 2010. I read the fine print and understand that I should include a note saying why I didn't file in 2010 (because as a student I had no income). However, in the box asking for my last three years income listed on my tax returns, should I write "2010 - $0" ? And for checkbox #13, should I NOT mark it, because I did not file in 2010? And lastly, my income in 2010 was $0, as stated, and my income in 2011 was below the poverty line, but my income in 2012 was above the poverty line, and for 2013 it is already above the poverty line (though no tax return until next year, obviously). I understand that no one here knows exactly what USCIS will think, but do you suspect that my low income in the past will cause red flags? I can get a joint sponsor if necessary, but I'd like to avoid it if rejection is a low probability and if I can always add a joint sponsor later without paying all the fees again.

[Teddy B 17,252]

Hey everyone,

I understand that was a lot of questions and I was probably overthinking things, but everything in my packet is ready to send except for the affadavit of support. Specifically, if in 2010 my income was $0 (I didn't file a tax return, and I included a piece of paper stating that), in 2011 my income was below the poverty line, but in 2012 my income was above the poverty line (and will be in 2013) - is there a realistic danger in our AOS being denied due to my income history?

I *can* have a joint sponsor, but only if absolutely necessary. Is it possible to add a joint sponsor later if the USCIS is uncomfortable, or will we have to start a whole new AOS process and pay the filing fees again?

Again, thank you to *anyone* who can help. This is the only thing holding us back from filing!

Definitely attach a note for the years you didn't file taxes explaining why. As long as you currently make 125% above the poverty line for your household size, you'll be fine. Past income is irrelevant.

Edited December 26, 2013 by Teddy B