I-485(A)/I-864

[gazarama 0]

I have a couple of questions. I am about ready to file the I-130/I-485 thru the Pilot scheme in Dallas.

My 1st question is: Do I have file the I-485 Supp A form and pay $1000 fine?

I legally entered this country (from UK) in August of 2000 on an I-94. I married my spouse (a US citizen) before the end of the 3 months maximum stay requirement. And I have been here ever since. Just haven't had the money or sponsorship to be able to do anything about it until this year. Does Supp A apply to me? It's all so confusing!

Secondly, my sponsor for the I-864 is going to be a family friend . I understand that she will have provide the 1040's. How is she supposed to get copies of these if she mails in her returns?

Many thanks for any responses.

Gaz.

[raymaga 25]

I'm not sure about your first question, but the question about the I-864, your sponsor needs to get the Tax Transcripts from the IRS. They are easy to obtain by calling them, and they mail them to you.

[chiggins 0]

I'm by no means an expert on this, but here's what I can work out from reading the form.

It says the I-485A supplement should be submitted by: "Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245© of the Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status."

If I'm understanding correctly, you got married on a tourist visa over 5 years ago, but never filed for adjustment of status. I know that people who get married on tourist visas can technically apply for AOS, but this usually happens before the visa expires. While you didn't enter the U.S. illegally, you have overstayed, and are technically ineligable for AOS. Whether your current status is legal or not, I do not know, but my money would be on not.

Given the length of time you have been out of status in the United States, I would seriously consider hiring a lawyer to help you with your case. Though my guess would be that you will probably need to file this form and pay the fee, but even then I wouldn't put any bets on your case being approved without some pretty big headaches.

Edited March 10, 2006 by chiggins

[hcj 0]

I-485A is for people who are filing under Section 245(i). Section 245(i) is the last "amnesty" that was passed for certain illegal aliens to adjust status. This amnesty ended in April 2001 so anyone who did not have an I-130 petition in before that date, cannot use it anyway.

If you entered legally via the VWP (not I-94) and you are married to a USC, you do not need section 245(i) to adjust status. Even if you have overstayed for years and years, you are still eligible to adjust status and do not need to fill out I-485A or pay the $1000 penalty.

Here is the USCIS link which says you are eligible to adjust status despite your overstay:

http://uscis.gov/graphics/howdoi/LPReligibility.htm#j

You are currently out of status. Once you file and they accept your AOS packet, you will "stop the unlawful presence clock" and be back in status. This does not erase your prior overstay so you should not leave the US until you have successfully adjusted status and have your green card in hand. That means there is no point in applying for Advance Parole because you can't use it anyway.

Please advise your family friend that she should make copies of her tax returns before she files them. She should keep the returns as well as the backup documentation (receipts etc) in case of an IRS audit. I think the length of time to keep them is seven years but I could be wrong about that. In any case, she can order transcripts from the IRS for the purposes of the affidavit.

[gazarama 0]

I-485A is for people who are filing under Section 245(i). Section 245(i) is the last "amnesty" that was passed for certain illegal aliens to adjust status. This amnesty ended in April 2001 so anyone who did not have an I-130 petition in before that date, cannot use it anyway.

If you entered legally via the VWP (not I-94) and you are married to a USC, you do not need section 245(i) to adjust status. Even if you have overstayed for years and years, you are still eligible to adjust status and do not need to fill out I-485A or pay the $1000 penalty.

Here is the USCIS link which says you are eligible to adjust status despite your overstay:

http://uscis.gov/graphics/howdoi/LPReligibility.htm#j

You are currently out of status. Once you file and they accept your AOS packet, you will "stop the unlawful presence clock" and be back in status. This does not erase your prior overstay so you should not leave the US until you have successfully adjusted status and have your green card in hand. That means there is no point in applying for Advance Parole because you can't use it anyway.

Please advise your family friend that she should make copies of her tax returns before she files them. She should keep the returns as well as the backup documentation (receipts etc) in case of an IRS audit. I think the length of time to keep them is seven years but I could be wrong about that. In any case, she can order transcripts from the IRS for the purposes of the affidavit.

Many, many thanks for this. It makes a lot of sense. I find these forums very off-putting at the best of times, because just like USCIS, every person you talk to has a different opinion on your situation.

As regards the VWP, I should be alright because the UK is part of the VWP. And just to clarify, the USCIS will accept transcripts instead of copies of the 1040s? IRS charge $39 for each year for a copy and apparently take their time in sending it out!

Gaz.

[chiggins 0]

Sorry for the bad info - glad someone could help further.

The USCIS accepts the transcripts - I used one for my application. In fact I've read that they actually prefer the transcripts to photocopies. If you have access to a fax machine, you can get one in a matter of minutes, and its free.

[gazarama 0]

Sorry for the bad info - glad someone could help further.

No, it's not bad.........in fact thank you for replying

As I said in my previous post, everyone has different circumstances and situations and has gne thru the process differently. I get real p*ssed off at all the red tape, created by the government, that surrounds the procedure. In fact, in the UK (where I'm originally from) only started introducing a fee for becoming legal there, about 2 years. And even now, the paperwork and cost is miniscule compared to US.

Every opinion counts!

Gaz.

[hcj 0]

Many, many thanks for this. It makes a lot of sense. I find these forums very off-putting at the best of times, because just like USCIS, every person you talk to has a different opinion on your situation.

As regards the VWP, I should be alright because the UK is part of the VWP. And just to clarify, the USCIS will accept transcripts instead of copies of the 1040s? IRS charge $39 for each year for a copy and apparently take their time in sending it out!

Gaz.

You're very welcome. Forums can be a wealth of information and ideas, but I do suggest that people verify any facts you're "counting on" using official sources (such as USCIS website) or with an attorney. (No offense intended to any posters here, this is just what I would suggest to anyone.)

I knew you entered on VWP, I was just being a snot ;-) and correcting your terminology. (No one enters on an I-94 -- that's something that every visitor gets. and by the way, when you enter using VWP you get an I-94W not an I-94.)

Yes, USCIS will accept IRS transcripts. I have heard that there are two types of transcripts, one is longer form than the other. The short one is free, and the long one costs money. The free one is fine to use for USCIS. I haven't done this myself so don't know how to obtain one, but many people here have done it so just ask here again or do a search if you can't find it on the IRS website.