March 2015 Filing for AOS

[ggodoi 9]

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

Like I said, I couldn't use my income because I was self employed and out of status, I wonder if after I receive the EAD my income automatically changes to "legal". But anyway, good luck to you hopefully your RFE is not about I-864 and it's very simple.

[RnZ 4]

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.

No I should have written I-864 a. because beneficiary can use his or her income on I-864 a and combine it with the petitioners income.

However, benefeciary can use their assets (Such as bank savings) on the main I-864 form

[RnZ 4]

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.

You are correct to use your own income but I am not 100% sure on whether you can use it on the same I-864 as your spouse or you would need an I-864 A. You definitely don't need two I-864 because you are in the same house hold.

The instructions are a little complicated because Q12 on I-864 says the following

"The person listed in 6a,7a,8a or 9a does not need to complete form I-864A because he/she is the intending immigrant and has no accompanying dependents"

However if you have any accompanying dependents then you will probably need to fill out form I-864 A. This is also listed on instructions for I-864A

"If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this form only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this form, even if you have accompanying dependents"

Now your RFE will probably ask your spouse (the US citizen) to fill the form I-864. If your spouse does not have any income then you just put zero and use your income in parts 6,7,8 or 9.

But again you have to give solid evidence that your income continues for 3 years after getting the green card.

If you cannot use your spouse's income, then you should probably look for a joint sponsor other than completely relying on your own income because that needs proof of continuing source of income.

Edited April 21, 2015 by RnZ

[rose_chris 1]

Hi RnZ. You are right. I have no children that's why I just filled my part in my husband's i-864 form. I'm on h1b visa and mY visa expires next Oct 2016...and I have no other way to prove the company will continue to sponsor me. Talked to my hr and they're not comfortable to put in in writing. ..which I understand. That's why now I have to figure out how can I get a sponsor. Hopefully hubby's dad can help us .

[RnZ 4]

Hi RnZ. You are right. I have no children that's why I just filled my part in my husband's i-864 form. I'm on h1b visa and mY visa expires next Oct 2016...and I have no other way to prove the company will continue to sponsor me. Talked to my hr and they're not comfortable to put in in writing. ..which I understand. That's why now I have to figure out how can I get a sponsor. Hopefully hubby's dad can help us .

Well no company is going to guarantee you a job for 3 years and they will never give that in writing.

As a precaution, when your joint sponsor (say your spouse's Father) fills the I-864 make sure that they include all the necessary documentation such as

Tax Transcripts from IRS, Their W2 or other proof of income such as pay stubs, and a proof that they are legally allowed to work in US e.g, their passport or proof of US citizenship.

If the joint sponsor files income tax jointly with his/her spouse and you are only using their income for sponsorship, then they should only write their income (e.g, from their W2) which could be different from the joint income on their tax transcripts.

[nesta37 3]

I did not include a letter from my company either - however my L1-visa is valid for 3 yrs (still 2.5 left) + my husband does make enough on his own, just can't proof it will be longtermn (6 month contract). But I could also still get a RFE.

I'd say look for a joint sponsor but don't freak out until you see the actual RFE, that will be your real proof what is wrong.

[rose_chris 1]

Thanks for your input! Yeah too bad my husband is going through a bad time with his career right now. Haizz. But fingers crossed for everything!

[VR30 0]

Just completed my Biometrics at the Boston ASC. I had an 8am appointment. It took about 25 mins from entry to finish. The Boston ASC apparently handles about 420 appointments a day!

Edited April 22, 2015 by VR30

[Concreterose 1]

Just completed my Biometrics at the Boston ASC. I had an 8am appointment. It took about 25 mins from entry to finish. The Boston ASC apparently handles about 420 appointments a day!

Nice!

[Concreterose 1]

Did anybody's status changed after bio? Just wondering... I was comparing february group, most of us had fingerprints appointment sooner than their timelines, but most of theirs status changed after a week when bio done

Edited April 22, 2015 by Concreterose

[RnZ 4]

Did anybody's status changed after bio? Just wondering... I was comparing february group, most of us had fingerprints appointment sooner than their timelines, but most of theirs status changed after a week when bio done

Yeah I noticed that too. One person in February even have their interview today.

I am one of the early March filers and Its been two weeks since my bio but no change in status yet. But there are some people in January and December who haven't seen any status change either. I looked at timelines section and noticed that some people in my local office got their interview within 60 to 90 days. Its just a matter of luck. So we just need to wait it out.

I am thinking to stop checking my status everyday. It just adds to the suspense and frustration.

[rose_chris 1]

I got bio appt for Apr 24 but I walked in early on Apr 14, and on Apr 20 I got RFE, still it means they touched my case

[archie119 9]

Yeah I noticed that too. One person in February even have their interview today.

I am one of the early March filers and Its been two weeks since my bio but no change in status yet. But there are some people in January and December who haven't seen any status change either. I looked at timelines section and noticed that some people in my local office got their interview within 60 to 90 days. Its just a matter of luck. So we just need to wait it out.

I am thinking to stop checking my status everyday. It just adds to the suspense and frustration.

national benefits center moves very quickly interview should be soon

[awe787 6]

Did anybody's status changed after bio? Just wondering... I was comparing february group, most of us had fingerprints appointment sooner than their timelines, but most of theirs status changed after a week when bio done

I did my bio 10 days ago, but nothing has changed, however, I also noted some march filers who have received interview letters already, especially those from California, and Washington state. So I think it depends on how busy your local office is. I also noticed, those adjusting from K-1, are having theirs AOS processed faster.

[ggodoi 9]

I did my bio 10 days ago, but nothing has changed, however, I also noted some march filers who have received interview letters already, especially those from California, and Washington state. So I think it depends on how busy your local office is. I also noticed, those adjusting from K-1, are having theirs AOS processed faster.

I think K1s are processed either in California (which they say is going super fast) or Texas.

Anybody knows at what point our application goes from NBC to the local office where the interview will be held?