Wisa Waiver, Marriage, Overstay and AoS

[NancyNguyen 1,657]

Payment has to be cheque.

[Joe47 0]

So finally the paperwork is out! We mailed it on the 21. and it, according to the post office, arrived on the 25. Now we wait!

[ParisHeart 19]

If I may chime in. The IRS don't report "illegals" all IRS cares about is getting their money. They do not report it to USCIS.

Thank you we will do that. I was just worried that Immigration will be like:" AHA! There he is!"

If I may chime in. The IRS don't report "illegals" all IRS cares about is getting their money. They do not report it to USCIS.

I have another question, regarding the payment. My wife wanted to pay with her credit card. In the guide it says the field offices accept most cards, my question is how does it work exactly? We are sending the whole thing to Chicago, right? So we can pay at our local office but....how do the Chicagonites know? Do we get some kind of confirmation?

[Joe47 0]

If I may chime in. The IRS don't report "illegals" all IRS cares about is getting their money. They do not report it to USCIS.

That makes sense! Thank you.

Has anyone actually filed a W7 yet? We are getting conflicted information. We went to a free tax help thing today (and last week) and no one was able to help us.

[ParisHeart 19]

You mean someone who applied for a ITIN number? If so yes, my husband did when H&R Block did our taxes, It was rejected CAUSE H&R Block put their wrong

agent number on the form. IRS said have H&R Block correct it, & we will issue your husbands ITIN .

We filed jointly, and IRS accepted our return, and got refund update today.

And yes, my husband is out of status from his visitors visa, we are filing AOS this month.

Edited April 1, 2016 by ParisHeart

[Joe47 0]

We got the IRS stuff worked out. Was a lot of work, we went to a free tax help, three to be exact, without getting what we needed. Then we went to the IRS itself , they told us I couldn't get an ITIN since I was eligible for a social security number. Then we went to the SS office there we got a letter of rejection, because I did not have the necessary paperwork to get a SSN, with that letter we went back to the IRS and then they mailed it out.

So done with the tax stuff!

Now, I got a letter from Homeland Security, tomorrow I have my appointment to get my Biometrics taken. I was wondering what exactly that entails. I mean I know it will be fingerprints, what else? How long does it take on average? And does anyone know about the security there? My wife is not a fan of going through that stuff, last time the guy snapped her bra....

[Harpa Timsah 13,258]

Biometrics are fingerprints and a photo. Security is like any government building.

[Joe47 0]

Fingerprints and picture have been taken!

But now I got a letter yesterday, technically we fall below the poverty line. I say technically because we do not have to pay rent or for food, while we are living with my wife's parents. Since they go purely by income, not by what expenses you have they say "You are below the poverty line.". The problem now is that my wife's parents are not fans of filling out the paperwork (I-864). So I am not sure how to handle that.

Another route we have now is that my wife has taken a second job, can she just "re" fill a I 864 with her new income?

[EM_Vandaveer 2,408]

You need a joint sponsor to be safe. Your wife can try to re-file the I-864 with the new income, but if she just got the second job USCIS may determine that they don't know if it's a steady job yet (meaning if the income will continue).

Do your FIL & MIL understand that there is ZERO obligation by signing these forms to support you guys financially? Exactly ZERO obligation for that.

The only obligation is IF the immigrant uses means tested benefits (food stamps etc) the government may go after the sponsors for repayment. That's unlikely to ever happen.

1) most likely the immigrant would not qualify and therefore would not receive benefits in the first place (most states only give it to LPRs if they have had a GC for 5 years)

2) even if benefits were received the government rarely ever asks for repayment (although it can happen)

3) even if the government wanted repayment, they would go after the primary sponsor (your wife) FIRST (even if she showed lower than poverty guideline income on his I-864) and only go to the joint sponsor if the primary sponsor would not pay.

Alternatively, if your in-laws are unwilling, a friend can do it, too. Requirements are that they are USC or LPR & can prove income over 125% of the poverty line for their household + 1 (you, the immigrant).

Edited May 14, 2016 by EM_Vandaveer

[Joe47 0]

Our one year anniversary is coming up on August 10th, the interview is tomorrow. This whole thing has been going for a year. Very frustrating.

So we have some last minute questions:

My mother in law is my co sponsor and we have to bring proof of her citizenship, I am guessing a copy of her passport and/or her birth certificate is enough? Just want to make sure so we can get this thing going.

And my wife is super worried about the interview, she is afraid that they will split us up, stuff like that. Any encouraging words for her?

[CougarTown 0]

A little bit of a delayed post, but... I had to file my taxes as single since he does not have any SS#.

They probably won't split you up... I've read many other posts saying they were in and out within 10 minutes. Supposedly USCIS gets suspicious over large age gaps, spouses not speaking same language... stuff like that.

How was your biometrics appt? Our office (Norfolk, VA) - staff was very friendly, we were in and out of the building within 15 minutes. I assume the marriage interview will be similar. I'm scared of getting separated too - I don't remember which gifts we've given each other; I don't know what his favorite food is bc he loves everything; I don't know the date/place of many photos we have together; I don't even know what MY favorite color is lol. But I assume we won't be separated as long as we walk in [somewhat] calmly, dressed for an interview and obviously a couple, and present enough documents (joint lease, authorized user on all credit cards that would allow him without SSN, joint bank). I'm quite excited for this interview since we've been waiting for 2 years! Good luck!!

[CougarTown 0]

Hey how did it go?!!

[Joe47 0]

So it went very well, it took about 15-20 minutes. She asked us standard things first. My name, birth date, those kind of things. Then she asked us about our relationship, when and how we met, stuff like that. Then she wanted to see "proof" of our relationship. We showed her pictures and she asked us where we were during those pictures and who was in it, if it was more than us. She took a look at some cards we got for Christmas and birthdays. Then she told us that she would approve us.

[Joe47 0]

So funny thing. Our interview was a month ago. I still have not received the card. So I got suspicious and checked my status online ( I tried that a few times before and it just said "Site can't be reached."). On the USICS and USPS site it says the card has been delivered on August 17th. So we went through everything, maybe it got mixed in somewhere, nothing. I have no idea what to do. I mean yeah clearly call the post office but they probably will say it was delivered, since it says so on their page.

[Joe47 0]

Little update. Like I said above we got approved and the post lost my card. I have not received the card. Everything we tried, the post office did an investigation, the immigration office did an investigation now they are passing the responsibility back and forth, "Ask the post office" immigration says "Ask immigration" says the post office. Frankly I do not want to pay 365 $ (plus maybe the 85 $ for bio metrics) to file for an I 90, a replacement for something I never received. I just started working after this whole process took so long and I am only part time for now, 365 $ is a lot of money. Does anyone have an idea? Some exception? Lawyers? I have no idea.