AOS from B2 visa - gay marriage

[Harpa Timsah 13,258]

That is okay. Current income is what counts. She will need to show proof of current income, either a letter from the employer, or paystubs (in addition to the tax returns).

Edited May 21, 2014 by Harpa Timsah

[Tormentis 2]

Thank you so much for your reply.

I really hope that would be enough.

I'm sorry, Im kinda freaking out trying to organize everything. My better half is working so I'm the one who deals with the paper work.

Is ther eany example of the letter form the employer? Does it have to include something specific?

[Erica & L 52]

Typically the letter would be from a manager, supervisor or the HR department of the company stating position, length of time in position, and salary or hourly wage.

Signed and letter head included.

[MaKo1017 0]

May I join the club.. I am in the same situation as well. My spouse's dilemma now is her tax, her coworkers didnt know that she already got married and she dont know what to put on her W-4, if still single (since I am still processing my GC and as per w-4, if spouse is a nonimmigrant alien spouse, check single) or married or married but spouse is not yet earning or should she just wait for my GC to arrive so she can adjust it one time.

I just sent my package last 5/20 via usps express, i guess not express after all as it only arrived now to chicago (2 days, they says it is only 1 day, guaranteed money back) so i need to go to the post office to get my refund, hopefully.

[MissFoley 2]

The fact that her job situation changed drastically may be a reason to wait a bit. If you don't have a co-sponsor, you can jointly file your taxes for 2014 and that way be able to show the required income if you time things right and file once you have taxes showing enough income. Otherwise, you will need a co-sponsor who shows sufficient income on 2013 taxes. And don't worry - Miami is VERY gay friendly! All officers are sworn to uphold the law, but of course they are human and some officers and offices are friendlier than others. I know several attorneys working in Florida and I've heard only good news about their same-sex AOS cases. BEST OF LUCK AND CONGRATULATIONS!!

PS: I'm sorry you ran into such an awful lawyer. Whether he was conniving and trying to scare you into hiring him or just plain ignorant, that's awful. If you decide to hire an attorney, ask the community around you who to talk to because lawyers gain reputations (good and bad) very quickly.

Edited May 22, 2014 by AttyFoley

[Harpa Timsah 13,258]

The fact that her job situation changed drastically may be a reason to wait a bit. If you don't have a co-sponsor, you can jointly file your taxes for 2014 and that way be able to show the required income if you time things right and file once you have taxes showing enough income. Otherwise, you will need a co-sponsor who shows sufficient income on 2013 taxes. And don't worry - Miami is VERY gay friendly! All officers are sworn to uphold the law, but of course they are human and some officers and offices are friendlier than others. I know several attorneys working in Florida and I've heard only good news about their same-sex AOS cases. BEST OF LUCK AND CONGRATULATIONS!!

PS: I'm sorry you ran into such an awful lawyer. Whether he was conniving and trying to scare you into hiring him or just plain ignorant, that's awful. If you decide to hire an attorney, ask the community around you who to talk to because lawyers gain reputations (good and bad) very quickly.

There is no need to wait. She can show proof of current income, as stated.

[MissFoley 2]

Some officers are going to be resistant where it is a new job and they haven't filed taxes proving a year of income that meets the guidelines. It would be best to have a cosponsor or wait.

[Tormentis 2]

Thank you for all the answers.

Well it's a new job now. Partly because that she got the job we decided to get married and stay.

The interview will happen probably in next 6 months or so..

Is that possible that we could get RFE right now after sending papers?

To be perfectly honest with you, we wanted to have a joint sponsor just in case, we asked some friends before, and they said yes. But when it came to make a decision and sending the papers they all said no. So our situation is not very good at the moment when it comes to a joint sponsor. They all said that they are afraid of consequences (whatever that might be). We could ask some more people, but its kinda humiliating if you know what I mean. That's why we kinda think about sendg the papers showing my wife as my main sponsor...

Waiting for the next year would be probably most practical decision, but I can't imagine sitting at home another year and not be able to support my wife financially..

The letter from the employer is not a problem as far I know. The employer just asked if that should be addressed to some department or something?

[Harpa Timsah 13,258]

Some officers are going to be resistant where it is a new job and they haven't filed taxes proving a year of income that meets the guidelines. It would be best to have a cosponsor or wait.

No, this is patently false. Please do not spread misinformation.

Thank you for all the answers.

Well it's a new job now. Partly because that she got the job we decided to get married and stay.

The interview will happen probably in next 6 months or so..

Is that possible that we could get RFE right now after sending papers?

To be perfectly honest with you, we wanted to have a joint sponsor just in case, we asked some friends before, and they said yes. But when it came to make a decision and sending the papers they all said no. So our situation is not very good at the moment when it comes to a joint sponsor. They all said that they are afraid of consequences (whatever that might be). We could ask some more people, but its kinda humiliating if you know what I mean. That's why we kinda think about sendg the papers showing my wife as my main sponsor...

Waiting for the next year would be probably most practical decision, but I can't imagine sitting at home another year and not be able to support my wife financially..

The letter from the employer is not a problem as far I know. The employer just asked if that should be addressed to some department or something?

There is ABSOLUTELY no need to wait a year.

You do not need to wait around a year, that is nonsense. Fill out the I-864, follow the instructions, and prove current income. Current income is what counts, not last year.

[MissFoley 2]

I am definitely not doing anything of the kind (spreading misinformation). I am giving my opinion based on my experience and was not suggesting they wait a year. If you apply and Immigration doesn't want to accept the Affidavit of Support, you will either get a Request for Evidence or they will ask you for a cosponsor at the interview. You can choose to simply run that risk and go ahead.

[KayDeeCee 4,896]

If they are self-employed, then they may need to wait until they file taxes on the income, since for the self-employed they tend to use line 22 of the 1040, Total Income, as the current income amount to establish if they meet the requirement. But if you are an employee, and your current annual income is not borderline of the requirement, then you can use a letter from your employer and/or most recent pay stubs to prove your current income. They will look at the overall situation of your case, but current income is most important, not past.

Do not wait a year to file, especially because you are here on a tourist visa and would be out of status in doing so. If they do not feel you have satisfied the requirements of the I-864, then they will send an RFE asking for either assets or a joint sponsor.

[Tormentis 2]

Well its always good to know both sides of the situation.

We probably would have to risk it.

We got married may 8th, she started new job on may 11th

So on one side it shows that we really didn't have an intent to stay (I guess)

But the job is pretty new - that's for sure.

I understood that we should wait a year because AttyFoley said that we shoud show the tax report from 2014 and that would be possible in next year.

Sorry if I misunderstood.

Right now my wife has a stable, full time job with all benefits and everything. Her income is above the required poverty line for sure.

She was working part-time or as a freelancer for last 3 years, that's all.

[Harpa Timsah 13,258]

I understood that we should wait a year because AttyFoley said that we shoud show the tax report from 2014 and that would be possible in next year.

Sorry if I misunderstood.

Why do you choose to believe a brand new poster who just joined today?

If I make a new account and say you should fly to the moon, would you do it?

[Tormentis 2]

I'm not saying I believe a new poster I just wanted to explain why I thought she meant that we should wait another year.

We won;t because we can't.

I'm really grateful for your answers and for all your help.

I really hope taht everything will be ok with our application, but of course I'm scared.

[Tormentis 2]

Hi there again,

We almost finished filling the papers,

It took forever but we very very close I guess ( I hope).

One small question - do we have to send the proof of the marriage now or not?

I'm so confused.

We can show of course a lot of photos and plane tickets.. but not much joint leases or anything like that

We practically just got married...