proof of work for usc?

[KayDeeCee 4,896]

we are both prepared to stay in the us while the case is pending and the 51% of the time of the conditional period. we are also very aware of the cost involved and are very prepared to pay the thousands of dollars involved. what i meant by hand to mouth is we don't live extravagant lives, have liquid assets, and don't save for retirement like "normal" people. i am under the poverty line but from my reading i thought i could get a joint sponsor. i was wondering if this by itself is grounds for disapproval, or will they take into consideration the money he has in his french bank account? and if he isn't approved, what's the next step? is he allowed to stay while they examine the case?

You can have a joint sponsor. However, you must also provide your own I-864, even when using a joint sponsor. As I said before, yes, you can list his assets on your I-864, and you have to provide your taxes or an explanation as to why you were not legally required to file. If you were legally required and did not, then you must do so before submitting your I-864.

Yes, someone enters an authorized period of stay when they file for AOS. He would be able to stay while his case is pending.

[kehills 217]

we are both prepared to stay in the us while the case is pending and the 51% of the time of the conditional period.

...you are aware that 51% isn't a magical number to maintain a green card, right?

Reread: http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Or, by conditional period, are you referring to the time he would have to stay in the United States before naturalizing (in which case, coming/going as a citizen is a very different thing).

[Harpa Timsah 13,258]

You can have a joint sponsor, but it appears that you have not filed taxes, and you will have to do so before anything else. They will check that you have been compliant in filing taxes, and you have not been. A USC is required to file US taxes no matter where they earn money from in the world. Get your taxes filed first.

[kehills 217]

You should probably consult a lawyer, as well, to see if there may be any implications for you in this, since you are working illegally. That's technically tax evasion/fraud, which can carry severe penalties, and they are going to be investigating you during the application process. I'm not sure how likely it is to be caught, but there are enough red flag-y issues in your case that it could become an issue for you.

[skatz1921 0]

alright thanks guys. im filing my taxes for the last two years now. (I filed 2011 and every year before that). one year i didn;t make any money at all, and the other i made money in australia, and i'm still under the poverty line with that, but am filing now. i've only had this new job illegally for a week and a bit so it's not like i have heaps of unaccounted for money showing up in my bank. im just waitress, nothing more, i didn;t go looking for illegal work, it's just how many restaurants operate so they pay less taxes (I've encountered them before). thanks and we'll be consulting lawyers from now on

[kehills 217]

Keep in mind it doesn't matter if you went looking for illegal work, it only matters that you now have illegal work.