A Handful of Misc. Questions

[Zombie 0]

1. We were married at the end of October, and my I-94 expired at the start of January. Needless to say we ran into a lot of delays and we haven't sent in all the stuff to apply for AoS yet (ready as soon as we get the following questions answered). Er... how bad is this? I'm a little panicky.

2. RE: I-864. Husband only has a record of his last tax return, which is lower than what he stated for his household income because he started his second job halfway through that year (did the same on the Affidavit for the K1 and they approved us fine...). Can we just leave the 2nd and 3rd most recent years blank and attach a note so we can send it in right away? Is there somewhere we can call for the information? Should we wait until he gets 2006's returns so we'll at least have one more number there (I think he said he'll get in in April)?

3. RE: I-485, Part 1. "Current USCIS Status"; Part 3. "In what status did you last enter?". I'm not entirely sure as to what to state for these.

4. RE: G-325A. Up until my arrival here, I was self-employed (artist, hah). Right now I can't afford an EAD, and all the other expensive ####### to register my business here (I don't even have my office set up or any supplies here!)... needless to say, I'm not working. Should I white out the 'Present Time' bit in the employment section, or leave it since I plan on continuing in the eventual future?

5. RE: I-693A (vacc. supplement). Do I send in the original (sealed envelope) along with all this stuff, or wait for the interview? They wouldn't give me a photocopy so I'm slightly nervous about sending the original (can't say I trust anyone not to lose it on me)

6. We didn't exchange wedding rings so naturally we don't wear any (I'm from Canada so we can't say it's a cultural thing), and I've been unable to take his last name because apparently in Texas you need an ID in your new name first, and I can't get one because my I-94 wasn't good for a year, blah blah blah. Are they very likely to hassle me/us about that? (And any idea when or how I'll be able to change it?) What about the fact that our wedding was untraditional (ren fest, halloween, black wedding dress), and the fact that we had less than 10 people there, none of my family or friends included, with no intentions of having a "real" second wedding for my family and all that?

Thanks in advance, and apologies for my tendency to ramble slightly.

[together2love 0]

1. Not a real big deal - you married within the 90 days, but good to see you are going on with getting the AOS out.

2. 2nd and 3rd tax years are optional to show so you don't have to worry about that. It probably would be even better if he did his 2006 taxes soon and submit with them because it would show that he surely is over the min requirement, but he should also have a employment letter to say this too, not? Others might be able to get you more details on this.

3.You entered as a K1, didn't you? Then you would put "K1 visa" in that space.

4.Just put "Unemployed" in the section from when you moved to present time - since you really can't work in the USA without a EAD. Shouldn't be a prob just as long as you never worked.

5. Yes, send in the sealed original. They will want it and you just have to hope that they don't lose it.

6.THe untraditional wedding shouldn't be a problem, or the amt of people there. Few can blow out a huge wedding witht he time constraint that we are under. As for the ID thing, did you get a SSN when you 1st got to America? Or did you take your marriage certificate and get your named changed on the SS card? Sucky about the TX rules, someone else may be able to help you out that has gone through these rules.

[Miranda&James 8]

1. We were married at the end of October, and my I-94 expired at the start of January. Needless to say we ran into a lot of delays and we haven't sent in all the stuff to apply for AoS yet (ready as soon as we get the following questions answered). Er... how bad is this? I'm a little panicky.

2. RE: I-864. Husband only has a record of his last tax return, which is lower than what he stated for his household income because he started his second job halfway through that year (did the same on the Affidavit for the K1 and they approved us fine...). Can we just leave the 2nd and 3rd most recent years blank and attach a note so we can send it in right away? Is there somewhere we can call for the information? Should we wait until he gets 2006's returns so we'll at least have one more number there (I think he said he'll get in in April)?

3. RE: I-485, Part 1. "Current USCIS Status"; Part 3. "In what status did you last enter?". I'm not entirely sure as to what to state for these.

4. RE: G-325A. Up until my arrival here, I was self-employed (artist, hah). Right now I can't afford an EAD, and all the other expensive ####### to register my business here (I don't even have my office set up or any supplies here!)... needless to say, I'm not working. Should I white out the 'Present Time' bit in the employment section, or leave it since I plan on continuing in the eventual future?

5. RE: I-693A (vacc. supplement). Do I send in the original (sealed envelope) along with all this stuff, or wait for the interview? They wouldn't give me a photocopy so I'm slightly nervous about sending the original (can't say I trust anyone not to lose it on me)

6. We didn't exchange wedding rings so naturally we don't wear any (I'm from Canada so we can't say it's a cultural thing), and I've been unable to take his last name because apparently in Texas you need an ID in your new name first, and I can't get one because my I-94 wasn't good for a year, blah blah blah. Are they very likely to hassle me/us about that? (And any idea when or how I'll be able to change it?) What about the fact that our wedding was untraditional (ren fest, halloween, black wedding dress), and the fact that we had less than 10 people there, none of my family or friends included, with no intentions of having a "real" second wedding for my family and all that?

Thanks in advance, and apologies for my tendency to ramble slightly.

1. Don't worry too much, others have filed after their I94 expired and been fine. Just file as soon as you can and don't leave the USA!

2. It may say only one years tax returns are required, but we sent only one year (and my joint sponsor made WELL over the poverty line) and we got an RFE for all three years. Your husband needs to call the IRS to get copies of his tax transcripts because if he doesn't do it now he may have to do it later. I'm not sure I completely understand, but if I read it right you're saying his tax returns say that he makes less than poverty level but currently he does make over it? If that is the case I'd be extra sure to include those paystubs and employer letter so they know for sure he's making plenty now (hopefully that will be sufficient).

3. The example form has K1 visa holder.

4. Don't put you're working till the present time because technically you aren't (it would be illegal if you are). USCIS doesn't care much about your future employment plans so I'd put your work end date for whenever you entered the USA and put currently unemployed.

5. Yes send the original sealed one - we got a copy for us to keep so see if you can do that as well.

6. Don't worry too much about the name change - you can probably do it when you get your EAD (we couldn't get his SS card until he had EAD because his I94 expired before they processed our SS application). Your EAD should be in your new name anyways and that is a legal document so I don't see why they wouldn't accept it, but if they don't then you can always explain why your didn't change your name. Also, type of ceremony shouldn't matter since a lot of people who come in on K1 don't plan big weddings due to the uncertainty of when the visa will be approved. You should be able to prove your relationship through other things as well like joint bills, names on cable/electricity, insurance, lease, basically whatever you can get both your names on, along with letters and emails and cards and pictures and all that mushy stuff