General Affidavit of Support ?s

[lostunderwaves 0]

I'm a USC planning on filing my husband's adjustment of status package soon (he's British, came in on VWP). I'm an unemployed student, and don't have the finances to sponsor him alone, so I just want to make sure I'm getting this right: I file my own I-864 and the joint sponsor (my dad) fills out his own I-864-- the I-864A shouldn't be coming into play since he's not a household member (my husband and I live alone and in another state), right? Am I okay to assume that they'll see the two I-864s and realize that I'm the sponsor and my dad's the joint sponsor, or would I need to make a note of this?

Second part: I'm 21 and haven't ever made enough money to file taxes, so I have no tax returns that I can include-- should I make a note of this somewhere, since my I-864 will be lacking any documentation? Additionally, I worked for about week total this year and made $80-- surely I don't need to note that as my income? Or should I put that down, just to be on the safe side?

Third: how would you recommend packaging it all together? Paper clip and label with a post-it note each separate form? What about all of the supplementary information? Also, it seems that I recall that two of the forms we're submitting (I can't recall which) require 2 passport-style photos. Can we include 2 photos total, or would we need 2 for each form that requires them?

Okay, a couple more questions I'm not sure there's an answer to: once the application for adjustment is submitted, is the approval or denial decision solely made at the time of/after the interview, or do they ever deny an application (not because of lack of required materials) before the interview? Also, we're filing for an EAD along with this package. Since he came in on a visa waiver and then got married ... and then overstayed beyond a year, is there a good chance it will be denied, and if so, does this reflect how the AOS will probably go too? We're just wondering if seeing the EAD denied would pretty much guarantee that the AOS is denied.

Last bit, I promise: if the AOS is denied, since he came in on a waiver, he can't appeal, right? What would happen after it was denied? Would he be deported automatically or because he overstayed so long? And if he is deported, is he guaranteed to be subject to the 10-year bar?

Thanks for any and all help-- I hope I included everything y'all need to know! I understand y'all aren't lawyers, so any input you feel comfortable giving would be really appreciated.

[rebeccajo 14]

Anecdotally, practically and according to the CFR, an overstay is forgiven by virtue of marriage to a USC. Providing that is the only infraction. He should not leave the country prior to receiving approval of the petition.

Deportation usually takes a while. Usually. In most instances the immigrant would be given a Voluntary Removal opportunity - in other words, leave on your own.

He will most likely be granted his EAD. There are others in this community who have longer overstays and received the employment authorization. It is a separate petition and has no bearing on the status adjustment.

Denial of a petition takes more than one 'head'. The supervisor has to sign off on an Immigration Officers recommendation of a denial.

You should file a I864 as sponsor and your father should file his own as joint sponsor. I believe (if you are using the correct form) that there is a designation on the form - tick the appropriate box. Definitely send both petitions together. Address any issues such as no tax returns because of no work history by a cover letter. Income that is not reportable to the IRS is also not reportable on the I864.

Edited March 1, 2007 by rebeccajo

[lostunderwaves 0]

Anecdotally, practically and according to the CFR, an overstay is forgiven by virtue of marriage to a USC. Providing that is the only infraction. He should not leave the country prior to receiving approval of the petition.

Deportation usually takes a while. Usually. In most instances the immigrant would be given a Voluntary Removal opportunity - in other words, leave on your own.

He will most likely be granted his EAD. There are others in this community who have longer overstays and received the employment authorization. It is a separate petition and has no bearing on the status adjustment.

Denial of a petition takes more than one 'head'. The supervisor has to sign off on an Immigration Officers recommendation of a denial.

You should file a I864 as sponsor and your father should file his own as joint sponsor. I believe (if you are using the correct form) that there is a designation on the form - tick the appropriate box. Definitely send both petitions together. Address any issues such as no tax returns because of no work history by a cover letter. Income that is not reportable to the IRS is also not reportable on the I864.

Thanks for your quick response! Do you happen to know about the waiver/appeal thing? Or about the passport photos? Again, thanks so much for all that information-- we really appreciate it.

[JenT 0]

Anecdotally, practically and according to the CFR, an overstay is forgiven by virtue of marriage to a USC. Providing that is the only infraction. He should not leave the country prior to receiving approval of the petition.

Deportation usually takes a while. Usually. In most instances the immigrant would be given a Voluntary Removal opportunity - in other words, leave on your own.

He will most likely be granted his EAD. There are others in this community who have longer overstays and received the employment authorization. It is a separate petition and has no bearing on the status adjustment.

Denial of a petition takes more than one 'head'. The supervisor has to sign off on an Immigration Officers recommendation of a denial.

You should file a I864 as sponsor and your father should file his own as joint sponsor. I believe (if you are using the correct form) that there is a designation on the form - tick the appropriate box. Definitely send both petitions together. Address any issues such as no tax returns because of no work history by a cover letter. Income that is not reportable to the IRS is also not reportable on the I864.

Thanks for your quick response! Do you happen to know about the waiver/appeal thing? Or about the passport photos? Again, thanks so much for all that information-- we really appreciate it.

You need to treat each application independently. 2 photos per. Sorry - don't know about your ability to appeal if denied.

[lostunderwaves 0]

Anecdotally, practically and according to the CFR, an overstay is forgiven by virtue of marriage to a USC. Providing that is the only infraction. He should not leave the country prior to receiving approval of the petition.

Deportation usually takes a while. Usually. In most instances the immigrant would be given a Voluntary Removal opportunity - in other words, leave on your own.

He will most likely be granted his EAD. There are others in this community who have longer overstays and received the employment authorization. It is a separate petition and has no bearing on the status adjustment.

Denial of a petition takes more than one 'head'. The supervisor has to sign off on an Immigration Officers recommendation of a denial.

You should file a I864 as sponsor and your father should file his own as joint sponsor. I believe (if you are using the correct form) that there is a designation on the form - tick the appropriate box. Definitely send both petitions together. Address any issues such as no tax returns because of no work history by a cover letter. Income that is not reportable to the IRS is also not reportable on the I864.

Thanks for your quick response! Do you happen to know about the waiver/appeal thing? Or about the passport photos? Again, thanks so much for all that information-- we really appreciate it.

You need to treat each application independently. 2 photos per. Sorry - don't know about your ability to appeal if denied.

Thanks a bunch =) Hopefully the appeal thing will never come up (crosses fingers)!