Which AOS Form To Fill?

[ozymandias 0]

Hello everyone!

My question regards which type of AOS that is required to fill for my case. I'm presenting my case facts as below. Would highly appreciate any help that comes our way!

1) My wife (the petitioner) is a US Permanent Resident and she has applied for my (as husband / applicant) green card application.

2) We both live outside the US currently and intend on moving to the US after I get a green card.

3) My wife is unemployed (a homemaker) and our household is managed through my income.

4) My process at NVC is underway and I've recently paid the IV and AOS fee.

5) While my wife has prior year tax records available, she does not have a regular means of income (as she is unemployed / a homemaker).

I cannot decide whether my wife will file an I-864EZ or an I-864 (bringing a co-sponsor) or any other AOS form. Will be happy to clarify further if additional details are required. Please help!

Thanks and regards

[JFH 12,191]

How is your wife a US permanent resident if she lives elsewhere?

[JFH 12,191]

She cannot use the I-864EZ - read the instructions for this and you will see that she does not qualify as one of the rules is "no joint sponsor". Since your wife doesn't have an income, you will be using a joint sponsor.

Your wife completes an I-864, even if she has no income. The joint sponsor also completes an I-864.

I'm still confused about your wife's residency status. How long has she been out of the country? Does she have a re-entry permit?

Edited November 16, 2016 by JFH

[ozymandias 0]

Thank you JFH for your response.

Yes my wife has a valid re-entry permit before expiry of which she will enter the US and then apply for another re-entry extension. We hope on receiving these 1-2 year extensions till I can get my green card and we can move to the US.

So as I understand the I-864EZ is out of the question as my wife doesn't have a job / regular income (even though she has accumulated savings / wealth, would this make a difference?).

With the I-864, my wife will be one sponsor. Do I qualify as co-sponsor (being the applicant)? I live outside the US and I have non-US tax and income documents. Would that info be acceptable on the I-864 form?

My wife's brother is also living in the US (under Permanent Residency). Would he make a more appropriate co-sponsor?

Thanks for your help!

[Unlockable 7,315]

So your wife doesn't have domicile in the US? Has she ever lived in the US other than to get the green card?

The point that JFH is trying to make is that you may not be able get approved for a visa unless she shows US domicile. These extensions that you speak of may cause problem also. They are not guaranteed. Too much time out of the US will jeopardize her residency status.

[Penguin_ie 5,996]

Your wife's brother makes an appropriate co=sponsor. You do not, as your income will stop once you immigrate to the USA.

[JFH 12,191]

You cannot be a joint sponsor as the requirements for a joint sponsor is that he or she must be resident in the US as either a USC or a green card holder (LPR). People outside of the US, however wealthy, do not count.

Your wife needs to be careful with her time spent outside the US. Does she have any form of domicile there? Property? Bank account?

[ozymandias 0]

Thank you for your input NuestraUnion, Penguin_ie and JFH.

To clarify, yes my wife has a US domicile and was living in NY for (albeit) a short while prior to us getting married and she's now living with me abroad. She has a mailing address in the US (where her family currently lives) and a bank account also. So hopefully that shouldn't be a problem.

I understand the risks associated with the extensions and are therefore trying to expedite my case so that we can all move to the US as soon as possible.

So I won't be filing as a co-sponsor as I'll be ineligible. I'll ask my wife (LPR, petitioner, homemaker) and her brother (LPR, has a job) to co-sponsor. This would mean they would each file I-864's to complete the AOS requirement?

Edited November 16, 2016 by ozymandias

[Pitaya 2,577]

~Unrelated thread hijack attempt moved to own thread~

PItaya

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