Preparing for AOS

[Shadaryia 11]

Hello and thank you for your time.

My husband and I married January 2015 while he was visiting me on a 90 day visa waiver. He stayed with me and didn't return to his home country. I am about to start a new job where I can now make enough to sponsor him. I hope to adjust his status as soon as possible.

In the meantime, preparing for the interview with US immigration to prove that our marriage is bonafide is it important that I change my last name to his?

We also just moved into a new apartment and he is not listed on the lease, I fear putting him on it until I have his papers filed. Any advice regarding these matters is very appreciated.

Thanks

[KayDeeCee 4,893]

Do not have to change your name unless you want to.

Perhaps you can get a letter from the landlord stating you both reside there as a married couple in place of the joint lease.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - AOS from VWP~

[Shadaryia 11]

Thanks for the reply

[Shadaryia 11]

I did not list him on my lease as an occupant. If I do say he lives here, the landlord wants him to submit an application - I am worried about this because the application asks for all his personal information and he of course does not have a social security number. I do not want immigration finding him before I have a chance to adjust his status and file all the necessary papers. We may not have made all the right decisions in the past but I am trying my best to get it all corrected now. Again, any advice is appreciated. I do not want him to get deported and get a 10 ban before I can file all the papers, attempt to adjust his status, and make everything right.

Thanks again!

[KayDeeCee 4,893]

I seriously doubt adding him to your lease will have ICE come running for him. Besides, once you file, he will be in a period of authorized stay until receiving a green card. I think he will be fine. You can let the landlord know he does not have an SSN until you file the immigration paperwork, and as soon as he gets one, you will let them know what it is.

[Shadaryia 11]

Thanks again! Your reply is very appreciated.

I am to start my new job this Monday and then I will make enough for the I-864 requirements. I figure I need to work the rest of this year and file my taxes for 2015 at which time I can complete the I-864 and be able to save up all the money needed for all the AOS forms in the meantime as well. Unfortunately, it could be another 7 months before I can do his AOS. Not sure I can do his AOS now without my tax returns showing I make enough for the I-864. We do not have co-sponsors available.

Edited July 11, 2015 by Amaryia

[newacct 688]

Thanks again! Your reply is very appreciated.

I am to start my new job this Monday and then I will make enough for the I-864 requirements. I figure I need to work the rest of this year and file my taxes for 2015 at which time I can complete the I-864 and be able to save up all the money needed for all the AOS forms in the meantime as well. Unfortunately, it could be another 7 months before I can do his AOS. Not sure I can do his AOS now without my tax returns showing I make enough for the I-864. We do not have co-sponsors available.

What matters most for Affidavit of Support is current (right now) income, not income last month, or income last year, etc. If you start a new job, and that job's salary is enough, then you qualify. Since you just started this job, it's a good idea to get an employer letter verifying your salary if possible, and maybe wait until you have one or two pay stubs to prove your income. But you definitely do not need to wait until next year.

[Shadaryia 11]

Thanks so much! I was afraid I would have to submit my income tax returns with the I-864 and last years tax returns would be very incorrect.

[newacct 688]

Thanks so much! I was afraid I would have to submit my income tax returns with the I-864 and last years tax returns would be very incorrect.

You do have to submit your income tax returns (last 1 year required, last 3 years optional) with the I-864. But that is a separate and unrelated requirement from proving what your current income is. Your current income is proven by things like pay stubs and employer letters.