CONFUSED !!! HELP I-130 + I-485 and I-864

[MissKC 0]

Hello,

I am absolutely overwhelmed and hopefully someone can help me here..

My husband and I got married this month and I am an F-1 student on OPT, my EAC card is expiring on 31st this month. I also got hired this month and have a wonderful job that I don't want to lose due current situation. This is what concerns and confuses me:

1) Does my husband have to fill out I-130 form even though I have been in US for past 7 years( legally) and haven't left the country?

2) When filing I-864: he is/was a student athlete on a full ride scholarship and haven't filed taxes (EVER) and he recently got a job (September 2013), my question is- does he have to write a letter stating that he was an athlete on a full ride and never filed taxes due to that or I can leave those lines blank and just be concerned about this years W2 and tax return + employer letter?

3) Can I additionally put myself as an income provider of the family? Even though he qualifies with 125% (PL)?

I will eventually have more questions since I am doing I-485, I-76, I-864 G-325... I am mostly worried about my employment, do I have to file all the papers before 1/31?

Thank you in advance !!!!

[Hypnos 6,576]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

1) Yes.

2) He must either (i) file taxes, or (ii) show why he wasn't required to file taxes. If you are providing his most recent tax return then that should satisfy that; even better with a letter of employment.

3) You can include your income on your husband's I-864 if (i) it's from a legal source, and (ii) it will continue from the same source if your green card is approved.

You do not have to be in status to be able to apply.

Edited January 22, 2014 by Hypnos

[MissKC 0]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

1) Yes.

2) He must either (i) file taxes, or (ii) show why he wasn't required to file taxes. If you are providing his most recent tax return then that should satisfy that; even better with a letter of employment.

3) You can include your income on your husband's I-864 if (i) it's from a legal source, and (ii) it will continue from the same source if your green card is approved.

You do not have to be in status to be able to apply.

Can I still keep my job? I am asking this because my boss is concerned what will happen to me after 1/31 if I haven't filed my paperwork..

[Hypnos 6,576]

No. When your OPT expires you will not have employment authorisation, and would need to either resign or take a leave. Include an I-765 in your AoS packet and you will receive a new EAD based on your pending AoS. It will take around three months to receive your EAD from when you file.

[MissKC 0]

No. When your OPT expires you will not have employment authorisation, and would need to either resign or take a leave. Include an I-765 in your AoS packet and you will receive a new EAD based on your pending AoS. It will take around three months to receive your EAD from when you file.

THERE IS ABSOLUTELY NO OTHER WAY FOR ME TO KEEP THIS JOB? I was sure that since I file my papers before 1/31 I will be able to work.. can my job do something? This are very devastating news

[Hypnos 6,576]

You can't do anything until you file, which you have not yet done as I understand it.

Once you have filed and received your I-765 receipt number, you could request an expedite of your new EAD at your local USCIS office based on "severe financial loss" (you can read USCIS' expedite criteria here: http://www.uscis.gov/forms/expedite-criteria). It's going to take a week or two, possibly longer, to even receive the receipts in the first place though, and your current EAD expires in 9 days. You will need to resign or take a leave on the 31st, and if USCIS deny your I-765 expedite request then you wouldn't be able to work until your EAD was approved in the normal process, which would be around three months.

If you wanted to continue working then you shouldn't have left it this late to file.

Edited January 22, 2014 by Hypnos

[MissKC 0]

You can't do anything until you file, which you have not yet done as I understand it.

Once you have filed and received your I-765 receipt number, you could request an expedite of your new EAD at your local USCIS office based on "severe financial loss" (you can read USCIS' expedite criteria here: http://www.uscis.gov/forms/expedite-criteria). It's going to take a week or two, possibly longer, to even receive the receipts in the first place though, and your current EAD expires in 9 days. You will need to resign or take a leave on the 31st, and if USCIS deny your I-765 expedite request then you wouldn't be able to work until your EAD was approved in the normal process, which would be around three months.

If you wanted to continue working then you shouldn't have left it this late to file.

We got married on the 1/15... this is the fastest I am able to file these documents.

Thank you for your help, I appreciate it.