Wife is on Student Visa. She finished school one month ago. Married 3 weeks ago. Do we need to send the packet even with a incomplete i - 864?

[TeamHaynie 0]

Hi

My wife is on a student visa. She graduated (finished school) over a month ago. We got married three weeks ago. Deadlines are approaching fast.

We are worried about the expiration of her visa and we don't want to hurt her chances on getting a green card.

Our problem is with the Affidavit of Support. The AOS. The i-864

I have no tax records for the last three years because I own a small business. I am facing quite a tax burden. This is our issue.

It's not a problem for me to find a joint sponsor, but I'm the primary sponsor, as her husband. I don't have the forms.

Should we send an incomplete packet? Just to establish the fact and the date that we are trying to get this done?

We can send the packet in, but it will be incomplete. Should we go ahead and do this?

I understand that it will be incomplete, but again, at least we are not missing any deadlines….

Please, can somebody help me out with an answer? I don't know anything about the deadlines, honestly. I don't know about overstaying a visa, and what might happen if she overstays by even one day. I am not even 100% sure if the 60 day grace period I read about even applies to her.

Please help me!!

Thank you so much!!

[aussie_jason 195]

Overstays by spouses of US citizens are forgiven by the USCIS when applying for a green card so you don't need to be worrying so much about that, she won't be able to work though until you are able to apply and she receives her Employment Authorization Document (EAD). Your focus should be sorting out your tax situation first and then submitting the full package, it may not even be accepted without an I864 and if it was you would only have a limited time to reply to an RFE.

[Harpa Timsah 13,258]

If you send an incomplete packet then you will be sent a Request for Evidence which will have a time limit on it. Then if you cannot comply (in 68 days) then you will be denied.

Fix your tax situation before you file AOS.

[TeamHaynie 0]

Thank you so much!!

Again, I don't want to worry about her overstaying her student visa.

We were married 3 weeks ago.

I trust you, but might there be somewhere I can read about the USCIS "forgiving the overstay of spouses?"

Has anyone else gone through an OVERSTAY? Is 60 days from graduation the actual grace-period?

Thanks to all of you!!! I am so thankful to have this forum!

[Harpa Timsah 13,258]

Overstay is irrelevant for spouses who adjust in-country. But while she is overstaying she is subject to detention if caught and she cannot work or drive or do much. It's your choice if you want to do that or have her go home and file for a spousal visa for her, which would also buy you some time to sort your taxes.

How quickly can you file your taxes?

Edited January 29, 2014 by Harpa Timsah

[jdh 103]

I really wouldn't be concerned with the overstay.

USCIS is not concerned with it when it comes for family members. They are trained in their handbook to view things as if on a scale. If there are enough negative factors to outweigh the positive (being married to a US citizen) than you would be declined.

The positive of being married to a us citizen far outweighs the negative of having an overstay on a student visa.

[Coleman21 6]

Don't send an incomplete package. Your wife's stay won't be legal until you receieve NOA1. Without NOA1, you can't prove that your green card case is pending. If you send an incomplete package, your green card process will get longer, things will just get worse. Even if your wife overstays a little bit, it will be alright once you guys get NOA1, so don't worry about it. And if your wife was on F-1 visa, she should have a grace period. I forgot how long, but it was at least 3 months long, I think. During the grace period, she will not be considered overstaying. Also, she should be able to apply for OPT. If it is granted, she will have legal stay for another whole year. She will need to look for a job related to her degree, though.

As for I-864, you have to fill it out no matter what. But don't worry about not having tax return. My husband didn't even have a job when we applied for green card last year, and he had never filed tax in his life. (He's quite young, and last year his mother claimed him on his stepfather's tax return. I don't know if it was following tax rule, but my mother in law was sure she was following the rule..) Anyways, my point is that, you don't need tax return if you don't have it, just attach a statement explaining why you didn't file tax. Don't forget to attach the statement. But if you have income, I think you can still write it in your form. Attach some proof that shows you are earning money. People usually attach paystubs, but I don't know if you have any, since you are the business owner. So just attach any proof that shows your income.

Usually if your income is above the 125 percent poverty line found in I-864P, you don't need a joint sponsor, but I assume you still need a joint sponsor, since you don't have tax return.. I'm not sure. Because what USCIS really cares about is your current income, but they do require the most recent tax return. So I would ask about it to a lawyer. You can try asking questions for free on avvo.com. I did not hire a lawyer when I was working on my green card, and I got a lot of help from this website and avvo.com.

If your current income does not satisfy the requirement for the size of your household, you definitely need a joint sponsor. Have him/her fill out another I-864 and check a statement on the form that says, "I am the only joint sponsor." If your joint sponsor is in your household, have him/her fill out I-864A.

[ManCharsey 254]

Best advice: Fix tax issues first and file for AOS. Regardless of whether or not you use a joint sponsor, you the petitioner would still have to fill the I-864 and if it's incomplete, you would get an RFE which would do you more harm than good.