AOS but not with a K1 or K3

[athena_ny 1]

So it's like this:

My now husband came to the US in 2003, as his father had been here since 1998. My husband was 18, so they wouldn't give him a student visa, but a tourist visa. About a year later, his father died and there's a lawsuit. So his permission ran out, but because of the law suit, it's okay for him to stay--can't leave the country with a lawsuit.

We met last year and got married last week, and are now starting the AOS process. He went to the Immigration Services at Catholic Charities (they helped quite a few family friends who got their green cards) and the director over there said he should be fine, knows about the permission being up and the lawsuit.

They also told him my tax returns have to show 16500 dollars. I was a student until May, the most I made was 13000. Where I am now, I'd have made over 20,000. I read the new rules for the 864 form (I'm not good with the names yet) and it said more weight is put in current expected annual income than past tax returns. We don't have anyone to cosponsor him - my mom might consider if it if weren't for my dad being totally anti-immigrant etc (he's under the impression all this has already been done).

So basically, I'm freaking out about all this and hoping we'll be okay. I guess any advice is welcome, as everything I read is K1/K3 stuff and that's not our situation.

[athena_ny 1]

Oh, and he's also been working...not legally His sister was in HS and his mom was sick when his dad died... they told him they could get money that they'd have to pay back from some firm somewhere but he didn't want to do that because if the suit took ten years to resolve and the outcome wasn't in their favor, how would he pay them back? etc etc. I know it's not good, and so does he but bills had to get paid.

Anyway, I'm obviously freaking out completely. It's what I do, even though we've been told we should be okay...

[kitkat1 5]

Illegal work is forgiven via marriage to a USC - but you cannot use his income for support. The I-864 *should* only require one year of tax returns - if they require three, you will most likely need a co-sponsor and it does not have to be a family member.

[Yodrak 7]

meow mix,

Your tax return does not have to show $16,500. You have to show that your current income on an annual basis is greater than $16,500.

Note that $13,000 earned during a 7-month period is greater than $16,500 on an annual basis.

Yodrak

So it's like this:

My now husband came to the US in 2003, as his father had been here since 1998. My husband was 18, so they wouldn't give him a student visa, but a tourist visa. About a year later, his father died and there's a lawsuit. So his permission ran out, but because of the law suit, it's okay for him to stay--can't leave the country with a lawsuit.

We met last year and got married last week, and are now starting the AOS process. He went to the Immigration Services at Catholic Charities (they helped quite a few family friends who got their green cards) and the director over there said he should be fine, knows about the permission being up and the lawsuit.

They also told him my tax returns have to show 16500 dollars. I was a student until May, the most I made was 13000. Where I am now, I'd have made over 20,000. I read the new rules for the 864 form (I'm not good with the names yet) and it said more weight is put in current expected annual income than past tax returns. We don't have anyone to cosponsor him - my mom might consider if it if weren't for my dad being totally anti-immigrant etc (he's under the impression all this has already been done).

So basically, I'm freaking out about all this and hoping we'll be okay. I guess any advice is welcome, as everything I read is K1/K3 stuff and that's not our situation.

[athena_ny 1]

I worked for 10 months...part time until May, then moved to FL in July where I was unemployed until the tail end of August (about 8 weeks).

Still leaves me at 15,600 about. Hopefully I'm underestimating

meow mix,

Your tax return does not have to show $16,500. You have to show that your current income on an annual basis is greater than $16,500.

Note that $13,000 earned during a 7-month period is greater than $16,500 on an annual basis.

Yodrak

So it's like this:

My now husband came to the US in 2003, as his father had been here since 1998. My husband was 18, so they wouldn't give him a student visa, but a tourist visa. About a year later, his father died and there's a lawsuit. So his permission ran out, but because of the law suit, it's okay for him to stay--can't leave the country with a lawsuit.

We met last year and got married last week, and are now starting the AOS process. He went to the Immigration Services at Catholic Charities (they helped quite a few family friends who got their green cards) and the director over there said he should be fine, knows about the permission being up and the lawsuit.

They also told him my tax returns have to show 16500 dollars. I was a student until May, the most I made was 13000. Where I am now, I'd have made over 20,000. I read the new rules for the 864 form (I'm not good with the names yet) and it said more weight is put in current expected annual income than past tax returns. We don't have anyone to cosponsor him - my mom might consider if it if weren't for my dad being totally anti-immigrant etc (he's under the impression all this has already been done).

So basically, I'm freaking out about all this and hoping we'll be okay. I guess any advice is welcome, as everything I read is K1/K3 stuff and that's not our situation.

[Yodrak 7]

meow mix,

Still, the most important thing is how much you're earning currently. What does your latest pay statement show, on an annual basis. (And what did the Sept-Dec earnings look like on an annual basis?)

How solid is your current position? You're not in a conditional period, seasonal or temporary position, or anything like that are you?

Yodrak

I worked for 10 months...part time until May, then moved to FL in July where I was unemployed until the tail end of August (about 8 weeks).

Still leaves me at 15,600 about. Hopefully I'm underestimating

meow mix,

Your tax return does not have to show $16,500. You have to show that your current income on an annual basis is greater than $16,500.

Note that $13,000 earned during a 7-month period is greater than $16,500 on an annual basis.

Yodrak

So it's like this:

My now husband came to the US in 2003, as his father had been here since 1998. My husband was 18, so they wouldn't give him a student visa, but a tourist visa. About a year later, his father died and there's a lawsuit. So his permission ran out, but because of the law suit, it's okay for him to stay--can't leave the country with a lawsuit.

We met last year and got married last week, and are now starting the AOS process. He went to the Immigration Services at Catholic Charities (they helped quite a few family friends who got their green cards) and the director over there said he should be fine, knows about the permission being up and the lawsuit.

They also told him my tax returns have to show 16500 dollars. I was a student until May, the most I made was 13000. Where I am now, I'd have made over 20,000. I read the new rules for the 864 form (I'm not good with the names yet) and it said more weight is put in current expected annual income than past tax returns. We don't have anyone to cosponsor him - my mom might consider if it if weren't for my dad being totally anti-immigrant etc (he's under the impression all this has already been done).

So basically, I'm freaking out about all this and hoping we'll be okay. I guess any advice is welcome, as everything I read is K1/K3 stuff and that's not our situation.

Edited January 11, 2007 by Yodrak

[athena_ny 1]

I work as a contractor right now -- the company used to be a part of Verizon and for some reason, they only hire contract workers until corporate opens hiring. Right now, according to my supervisor, positions should be open by the end of Feb and then she's pretty much guaranteed that I'm hired on.

Other than that, looking at a permanent full time position at Bank of America call center. The one I have now is solid technically -- I've been here 6 months and if they were going to fire me they'd have done it a long time ago, but that's the inner workings of the company, nothing that the gov is going to see or understand.

meow mix,

Still, the most important thing is how much you're earning currently. What does your latest pay statement show, on an annual basis. (And what did the Sept-Dec earnings look like on an annual basis?)

How solid is your current position? You're not in a conditional period, seasonal or temporary position, or anything like that are you?

Yodrak

I worked for 10 months...part time until May, then moved to FL in July where I was unemployed until the tail end of August (about 8 weeks).

Still leaves me at 15,600 about. Hopefully I'm underestimating

meow mix,

Your tax return does not have to show $16,500. You have to show that your current income on an annual basis is greater than $16,500.

Note that $13,000 earned during a 7-month period is greater than $16,500 on an annual basis.

Yodrak

So it's like this:

My now husband came to the US in 2003, as his father had been here since 1998. My husband was 18, so they wouldn't give him a student visa, but a tourist visa. About a year later, his father died and there's a lawsuit. So his permission ran out, but because of the law suit, it's okay for him to stay--can't leave the country with a lawsuit.

We met last year and got married last week, and are now starting the AOS process. He went to the Immigration Services at Catholic Charities (they helped quite a few family friends who got their green cards) and the director over there said he should be fine, knows about the permission being up and the lawsuit.

They also told him my tax returns have to show 16500 dollars. I was a student until May, the most I made was 13000. Where I am now, I'd have made over 20,000. I read the new rules for the 864 form (I'm not good with the names yet) and it said more weight is put in current expected annual income than past tax returns. We don't have anyone to cosponsor him - my mom might consider if it if weren't for my dad being totally anti-immigrant etc (he's under the impression all this has already been done).

So basically, I'm freaking out about all this and hoping we'll be okay. I guess any advice is welcome, as everything I read is K1/K3 stuff and that's not our situation.

[Killer_Clown_2009 0]

Meow, try to get your employer to write a letter stating what your annual income for 2006 was, what you can expect to earn for 2007, your average weekly hours and rate of pay etc. Also if the job is fairly secure. All this will help support your affidavit of support.

My husband only worked part of 2004 and our 2005 tax return was not sufficient to meet the poverty guidelines.

We sent a letter explaining why it was low, a letter from the employer stating current annual income and the 6 months worth of recent paystubs. I think that this will be sufficent forour affidavit to be accepted, if not we plan to file 2006 taxes and prepare a new Affidavit asap.

[athena_ny 1]

Okay, thanks!

Meow, try to get your employer to write a letter stating what your annual income for 2006 was, what you can expect to earn for 2007, your average weekly hours and rate of pay etc. Also if the job is fairly secure. All this will help support your affidavit of support.

My husband only worked part of 2004 and our 2005 tax return was not sufficient to meet the poverty guidelines.

We sent a letter explaining why it was low, a letter from the employer stating current annual income and the 6 months worth of recent paystubs. I think that this will be sufficent forour affidavit to be accepted, if not we plan to file 2006 taxes and prepare a new Affidavit asap.