March 2015 Filing for AOS

[ggodoi 9]

Thanks RnZ, I thought so too. I'm working as H1b Visa and my husband is unemployed now, that's why i use my income to sponsor myself, maybe no luck this time. When I submit, my employer did write a letter to state my position and how much I make, but didn't state the prospect of future continuous employment. But I will wait to see what the RFE is about, for now that's the only thing I can think of.

I dnt think you can sponsor yourself, you might wana check on that. For how long have you been working? I'm on my phone so I can't look it up now but I believe you need to have worked 40 qualifying quarters (10 years).

[awe787 6]

Hey everyone, I have a concern. I am trying to pay the USCIS fee but don't have my DOS Case ID number. I contacted USCIS and NVC and they both say contact the embassy I went to. When I contacted the Embassy they are saying that they do not hold those records and told me contact Immigration Services. Now the whole situation started after the interview, when I asked them about my A#, they said I don't get that till I get to the US and I don't have to pay the fee until I adjusted status. The only copy of the DOS # was on the K1 visa package which I handed over when I landed in the US. Speaking to the USCIS rep they said that I should have been given a copy of a summary sheet plus those numbers should have been on my visa but none of that was done. I need some serious help, I don't want that to cause a delay.

Hello,

This forum is for people adjusting from work, student and tourist visa. I think your question will be best answered here http://www.visajourney.com/forums/topic/538871-march-2015-aos-filers/page-19#entry7585579.

Good luck.

[Kroni473 10]

Thanks.

[RnZ 4]

Thanks RnZ, I thought so too. I'm working as H1b Visa and my husband is unemployed now, that's why i use my income to sponsor myself, maybe no luck this time. When I submit, my employer did write a letter to state my position and how much I make, but didn't state the prospect of future continuous employment. But I will wait to see what the RFE is about, for now that's the only thing I can think of.

Well you are legally allowed to work on H1b and if you make above the poverty line then what they would want to know is if you prove that your current income will continue after getting GC (basically up to 3 years atleast).

You can also use assets (savings in banks, bonds etc) to sponsor yourself as well.

Anyways You probably should wait for RFE and see what it says. You can check from Lettyana's signature that they got the RFE a week after the online notification.

[nesta37 3]

We did the same - entered my current income on it too. But mainly cause my husband is working and making enough but he is on a 6 months contract - so we thought it to be useful to add my income. I know you can sponsor yourself if you can proof it continues after you get your greencard.

I think if we get and RFE it will about the sponsorship too - but my husbands is currently negotiating his fultime contract so by the time we get an RFE that would solve it :-) good luck

[archie119 9]

Well you are legally allowed to work on H1b and if you make above the poverty line then what they would want to know is if you prove that your current income will continue after getting GC (basically up to 3 years atleast).

You can also use assets (savings in banks, bonds etc) to sponsor yourself as well. Petitioners have to file i864 regardless of income

Anyways You probably should wait for RFE and see what it says. You can check from Lettyana's signature that they got the RFE a week after the online notification.

thats correct but I am 100% sure u rfe is for your spouse to complete a i864 your spouse has to because the petitioner automatically need to submit a i864 regardless if the spouse work so start gathering your spouse last three year tax transcript oo

[rose_chris 1]

Thanks all for your input. We submitted only one form of I-864 and my husband is the only one who signed it, i just put my income on the combined income section, and we also submitted tax transcript for 3 years for both me and him (2012,2013,2014). I think the problem is, my H1b visa expires around Oct 2016, so that's not sufficient to prove continuous income for additional 3 years as you said, and I'm sure my employer wouldn't want to say anything for certain, as it will depend on my performance that they will review it next year. I'm going to start researching about finding another sponsor... I'm really scared of this part but oh well.

Anyways, I will let you know when I receive the RFE in mail . Thanks again

[ggodoi 9]

Well you are legally allowed to work on H1b and if you make above the poverty line then what they would want to know is if you prove that your current income will continue after getting GC (basically up to 3 years atleast).

You can also use assets (savings in banks, bonds etc) to sponsor yourself as well.

Anyways You probably should wait for RFE and see what it says. You can check from Lettyana's signature that they got the RFE a week after the online notification.

I am sorry but i fail to understand how the beneficiary can use his own income on the I-864. The I-864 is a contract signed by petitioner saying that he will support beneficiary financially so that beneficiary won't become a public charge. You can read on the I-864 instructions the cases where you dnt need an I-864 like if you have worked 40 quarters. In that case you would fill an I-864W and wouldn't need to submit I-864. If you submit an I-864 at least the minimum income HAS to come from petitioner, they dnt care if you work legally, if you were to lose your job petitioner has to be able to support you.

[rose_chris 1]

Ggodoi

USCIS allows the use of intending immigrant’s income to support him/herself. As long as the beneficiary works legally in US. And in my case, my USC husband is still the one who sponsors me, he has no income but he is still the one who has to file form I-864.
Because I’m his wife, I don’t have to file another form, I can just put my income together with his on form I-864. I just work in US for around 2 years now, so I haven’t worked enough 40 quarters. But I guess USCIS isn’t very fond of cases where the beneficiary sponsors themselves.

[ggodoi 9]

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Here is the link to I-864 instructions, go to the section "Are there exceptions to who needs this form". There isn't a place that says if beneficiary is current working he can "self sponsor"

[ggodoi 9]

Ggodoi

USCIS allows the use of intending immigrants income to support him/herself. As long as the beneficiary works legally in US. And in my case, my USC husband is still the one who sponsors me, he has no income but he is still the one who has to file form I-864.

Because Im his wife, I dont have to file another form, I can just put my income together with his on form I-864. I just work in US for around 2 years now, so I havent worked enough 40 quarters. But I guess USCIS isnt very fond of cases where the beneficiary sponsors themselves.

I really understand what you are saying and it makes sense to me. Only reason I am saying all that is because after consulting with a lawyer he told me otherwise. And I never found information saying intending immigrants income could be used. Do you mind share where you got it from? I have waited 3 years to AOS because my wife had no income and I was the only source of income to our family but mine wasn't considered "legal"

[rose_chris 1]

Sure! On page 8 of the instructions, section 4 : what if i cannot meet the income requirements, part b. talks about the use of intending immigrant's income to sponsor the application. The only issue is that the income has to be legal to be considered. I hope this helps

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

[nesta37 3]

Rose_chris - I don't think its about being fond of using the income or not, I think its about how strong your case is.

I would wait to get the RFE letter maybe its something totally different or just an extra document of proof they need. Good luck!

[rose_chris 1]

Thank you! I truly hope so too, my blood pressure has gone hyper since my case status changed to RFE.

Hopefully I'll get the letter in few days

[wilesa 0]

Wilesa has I said before u can get a bio letter monday and your appointment is Wednesday it's sometime not uscis but usps mail I am in hartford, connecticut and letters from National Benefits center in Missouri takes 3 days to get to me , so depending where u file is at and where u live to get an idea look at the stamp date on u noa letter and see the date when u recieved u letter will give u an idea how long the mail takes to get to u

It took four days for the noa1.Going nuts