AOS interview problem

[kazeman 0]

Hi:

Me and my wife had a bit of a problem with our AOS interview in November. What happened was that the interviewer did not approve our application because my income was below the 125% level. I stated in a letter and to her that since I am self employed that my income was over the required 125% but with all my allowable deductions it decreased my income. Off course she could not understand. Anyway she said we have 84 days to find a co-sponsor and mail a I-864 back to her. Well the 84 days will be up on January 31st and we have no co-sponsor. None of my friends are willing or able to do it. Since I can not find anyone, I want to send in my 2006 1040 which I just finished. On it my net income and adjusted gross income are over the 125% income level. Should I also fill out the I-864 or do another I-134 and include a letter stating that we could not find a co-sponsor. Thank you for any help.

[Yodrak 7]

kazeman,

You are the one who does not understand. Your income is not your business' income. You are sponsoring your wife your business is not.

Your income from the business is found on Form 1040 Line 12, the amount left after deducting those allowable business deductions from the business' income. Your total income, the figure the USCIS is looking at, is on Line 22.

Yodrak

Hi:

Me and my wife had a bit of a problem with our AOS interview in November. What happened was that the interviewer did not approve our application because my income was below the 125% level. I stated in a letter and to her that since I am self employed that my income was over the required 125% but with all my allowable deductions it decreased my income. .....

[kazeman 0]

Fine. I never thought of it that way. Makes sense. Anyway going back to my original question should I just sned in my 2006 Tax return with a I-864 or I-134 and letter explaining why I have no co-sponsor?

[Bashorun 1]

Is ur wife not working? If she is working then U can add her income to urs to meet to 125% they needed before they approve ur wife's permanent residency. That is the easiest way I know that I can advise U to go about since U can't find a co-sponsor.

[kazeman 0]

HI:

My taxes for 2006 reflect that I made over the 125% level so I won't have to use my wife's income. I am just wondering now which form to include (I-864 or I-134) when I mail back the INS agent. The INS agent gave me a list indicating she wanted an I-864 filled out by a co-sponsor but since no co-sponsor should I fill it out. Wish this question would have come to my head during the interview.

[Bashorun 1]

Is ur wife working right now? if she is then add her present income to ur present income and by that way U will exceed the 125% guideline. Yes Uhave to use the I864 affidavite papers all over again.

[Killer_Clown_2009 0]

I-864

If your wife is working, you should include her income (whether you feel you NEED to include it or not). Seeing as you only have until the end of this month, you should do this and send it out ASAP.

[kazeman 0]

Well I am a little hesitant to use her income because she is working as an RN without an EAD. Her employer does not care that her social security card can not be used for work. They hired her because she had her interview notice so they knew she was not illegal. During the interview she did tell the INS agent that she works as an RN. The INS agent did not ask to see the EAD. Maybe I said to much but it had to be said

[Yodrak 7]

kazeman,

Adjustment of status requires an I-184 affidavit of support, I-134 is applicable only to non-immigrant visa applications.

The INS went the way of the dinosaurs several years ago.

Yodrak

HI:

My taxes for 2006 reflect that I made over the 125% level so I won't have to use my wife's income. I am just wondering now which form to include (I-864 or I-134) when I mail back the INS agent. The INS agent gave me a list indicating she wanted an I-864 filled out by a co-sponsor but since no co-sponsor should I fill it out. Wish this question would have come to my head during the interview.

[Elena 0]

Anyway she said we have 84 days to find a co-sponsor and mail a I-864 back to her. Well the 84 days will be up on January 31st and we have no co-sponsor. None of my friends are willing or able to do it. Since I can not find anyone, I want to send in my 2006 1040 which I just finished. On it my net income and adjusted gross income are over the 125% income level. Should I also fill out the I-864 or do another I-134 and include a letter stating that we could not find a co-sponsor. Thank you for any help.

This advice may be a little too late but here it is anyway. I don't think a letter stating that you can't find a co-sponor is going to cut it with USCIS. I don't know how much you are under the poverty line, but I would recommend getting a part time or full time job for the time being. Since you have your own business, maybe the income from a part time job plus the income from your business can put you over the poverty line.

[Miranda&James 8]

Well I am a little hesitant to use her income because she is working as an RN without an EAD. Her employer does not care that her social security card can not be used for work. They hired her because she had her interview notice so they knew she was not illegal. During the interview she did tell the INS agent that she works as an RN. The INS agent did not ask to see the EAD. Maybe I said to much but it had to be said

I'm pretty sure that unless she has that EAD or greencard then her work is illegal. An interview notice is nothing other than a letter, it does not mean that she will necessarily be approved for that greencard, so in order for her to legally work until she gets her greencard she needed her EAD. The employer should know better.

[athena_ny 1]

Not to threadjack, but no doubt the employer DOES know better, they just don't care. Employers know the rules and know the laws - a lot of them just choose not to follow them? Why? A question I've asked myself a million times, but the answers are obvious: illegal workers are more vulnerable, easily taken advantage of, and if they realize they're being taken advantage of or their employers are engaging in other illegal practices, there is nothing said worker can do about it. Say the OP's wife has to work an extra hr (and in nursing that's not an unlikely situation) and they don't pay her for it. There's not much she can do if she's not authorized to work.

It sucks, especially if there are extenuating circumstances leading to someone who shouldn't be working having to work (a reason they can't return to their country, such as a wrongful death lawsuit etc etc). As much as everyone wants to blame the workers, the employers are the ones who should be held responsible because they're doing it for their own benefit - a bunch of no good crooks with no compassion or respect for the lives of their workers, illegal or not.

Well I am a little hesitant to use her income because she is working as an RN without an EAD. Her employer does not care that her social security card can not be used for work. They hired her because she had her interview notice so they knew she was not illegal. During the interview she did tell the INS agent that she works as an RN. The INS agent did not ask to see the EAD. Maybe I said to much but it had to be said

I'm pretty sure that unless she has that EAD or greencard then her work is illegal. An interview notice is nothing other than a letter, it does not mean that she will necessarily be approved for that greencard, so in order for her to legally work until she gets her greencard she needed her EAD. The employer should know better.

[Miranda&James 8]

Not to threadjack, but no doubt the employer DOES know better, they just don't care. Employers know the rules and know the laws - a lot of them just choose not to follow them? Why? A question I've asked myself a million times, but the answers are obvious: illegal workers are more vulnerable, easily taken advantage of, and if they realize they're being taken advantage of or their employers are engaging in other illegal practices, there is nothing said worker can do about it. Say the OP's wife has to work an extra hr (and in nursing that's not an unlikely situation) and they don't pay her for it. There's not much she can do if she's not authorized to work.

It sucks, especially if there are extenuating circumstances leading to someone who shouldn't be working having to work (a reason they can't return to their country, such as a wrongful death lawsuit etc etc). As much as everyone wants to blame the workers, the employers are the ones who should be held responsible because they're doing it for their own benefit - a bunch of no good crooks with no compassion or respect for the lives of their workers, illegal or not.

Well I am a little hesitant to use her income because she is working as an RN without an EAD. Her employer does not care that her social security card can not be used for work. They hired her because she had her interview notice so they knew she was not illegal. During the interview she did tell the INS agent that she works as an RN. The INS agent did not ask to see the EAD. Maybe I said to much but it had to be said

I'm pretty sure that unless she has that EAD or greencard then her work is illegal. An interview notice is nothing other than a letter, it does not mean that she will necessarily be approved for that greencard, so in order for her to legally work until she gets her greencard she needed her EAD. The employer should know better.

I agree the employers should be held responsible, of course, but I also think that its upto the worker to know whether or not they are breaking the law and be aware of consequences. Not saying the wife of the OP will ever face consequences, I just mean in general.

[rebeccajo 14]

The instructions for the I864 clearly state that income from legally authorized employment can be counted.

Therefore any discussion as to whether the employer or employee is more 'at fault' for undocumented work is inconsequential. The OP cannot count it.

[Miranda&James 8]

The instructions for the I864 clearly state that income from legally authorized employment can be counted.

Therefore any discussion as to whether the employer or employee is more 'at fault' for undocumented work is inconsequential. The OP cannot count it.

See as they have until tommorow to file anyways I assume they worked the problem somehow.