AOS from expired H1B and H4? (split and merge)

[Jjlm1017 0]

We are still confused and lost. If we are in the "right forum" can someone please answer our initial questions about the i-864? Sometimes i feel that we get questions about our questions and it just makes us more confused. I understand that needs to happen sometimes and don't mind answering them so that others can better answer us. I have tried to be very clear. I am very new to this and don't really have others around me that I can ask, so we are really counting on this site to help us through this journey. Please understand that I am not trying to be rude. this is just a tiring and stressful process, as all of you may know. On that note, can someone please look back at our initial questions and please try to help us.

As for my step daughter, she is 12. I'm not sure why this question was asked but I am happy to answer if this helps to clarify any question.

Thank you in advance for any help and answers that we can get!

[roxy8989 0]

Hello jjlm1017

Have you made sure that his daughter is eligible to adjust status? As what I've read, an overstay child can adjust status if petitioned by a USc parent, and the child has to be unmarried and below 21 years old. I'm not sure about stepchildren if they're eligible. Please read the I-485 instructions that can be downloaded on the USCIS website. It also includes the list of all the stuff that you should submit with your application. I'm sorry i can't help much!

[Ontarkie 14,565]

~~One post split off another members thread and merged plus another related thread merged. Please do not post your questions in other members threads it can cause confusion to the thread. Also keep all related questions to one thread, members cannot give you the best answers if they are only getting part of the story.~~

[Jjlm1017 0]

I did not mean to merge my topic. i thought i asked about my question under my content. when I went to go look for my post of I-864 I could not find it. I was actually thinking the post got removed due to something I may have said... is there a moderator who can move that topic back on its own so that others may be able to find it and help us out? I'm sorry I am really new to this whole forum thing... I guess I don't understand all the do's and don'ts...

thank you

[EM_Vandaveer 2,417]

Follow the guide:

http://www.visajourney.com/content/i130guide2

You need two packages, one for your husband and another for your stepdaughter.

[EM_Vandaveer 2,417]

Hello jjlm1017

Have you made sure that his daughter is eligible to adjust status? As what I've read, an overstay child can adjust status if petitioned by a USc parent, and the child has to be unmarried and below 21 years old. I'm not sure about stepchildren if they're eligible. Please read the I-485 instructions that can be downloaded on the USCIS website. It also includes the list of all the stuff that you should submit with your application. I'm sorry i can't help much!

She is the USC parent. She married the child's parent before the child's 18th birthday, this creates a stepparent-stepchild relationship which for immigration purposes is the same as parent-child relationship.

[Ontarkie 14,565]

The step daughter is not their custody she lives with her mother in another state. They need to be living with the child and have custody of her to be able to file for AOS.

[Jjlm1017 0]

Thank you. We already talked to her mom and starting next month she will move here with us. This way we can still move forward. We are still waiting on some help for our questions regarding the i-864 that we previously asked... anyone have some suggestions for that?

[Jjlm1017 0]

hi everyone!

I am the petitioner of my husband and his daughter. He is an H1B visa overstay and she is an H4 visa overstay. We are in the process of filing the I-864, Affidavit of Support. For the past few years my income on my tax returns have been between $25000 and $26000. Due to a job change, it is going to be lower than that this year. Since my Income doesn't meet the requirements of the poverty guidelines for both my husband and his daughter, (possibly not even enough for one of them) we have a friend of the family who is willing to co-sponsor.

1.) If I'm not filing my 2016 taxes until next year, are they going to determine my income from current paystubs, or just go by what my taxes say I made in 2015?

2.) Should I have our friend be a co-sponsor for both my husband and my step-daughter? If they go by last year's taxes, I make enough to sponsor one of them myself. If they go by this year of being in between jobs, I may not make enough to sponsor even one of them by myself. Should he just be co-sponsor of both to make sure we are all set?

3.) In PART 1 question 1, I am the petitioner on both forms (answer 1a.) One for my husband, one for my step daughter. Now for our co-sponsor on the same question: would he answer 1d. ( I am the only joint sponsor) or 1e. ( I am the __ first __ second of two joint sponsors).

Please help! These papers are driving us mad!

Thank you.

[Jjlm1017 0]

Thanks in advance for your help!

[Pitaya 2,577]

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Pitaya

VJ Moderation

[EM_Vandaveer 2,417]

1) current income is what matters

2) yes, you need a joint sponsor for both

3) 1d the only joint sponsor

Edited September 28, 2016 by EM_Vandaveer

[Jjlm1017 0]

Hey guys, we are finally ready to send out the papers but first I have a few last questions. If we are sending my husband's aos and his daughter's (she's 13) aos forms at the same time but in separate packages, what would be the fees for these forms? We have a binder for him and a binder for her (remember guys that I'm petitioning for her separately ), do we have to mail them separately or can we ship them in one box? I know we are overthinking this but we just want to make sure everything is correct. Thanks in advance for any help you may give us!