So many AOS questions!

[Lolo260 33]

Hey everyone!  We are trying to submit my husbands AOS packet before the end of the month but I have so many questions!

 

1- our original application for the k-1 visa was done with a lawyer who we stopped using after the initial part (she was giving us false information to get more money) unfortunately she was also the one who assembled the biographical information sheets,  and never gave my husband or I ANY copies. I assumed she would have them saved in her office somewhere but she claims she doesn't keep those things and it was my responsibility to make copies for myself.  i called uscis and they said we can fill out new ones but one issue with this is his workplace information. I don't know EXACTLY what jobs of his she did or didn't put on his original forms,  so if the form doesn't match exactly the original would that be a problem.  Im sure if he and I sat down and went through his work history he would remember all of it but what if he includes a job she didn't include ? I know it's irresponsible but this process has been a blur since I've also been working 80+ hours almost every week since before he got to this country and now even more that he is here and he isn't eligible to work yet 😔

 

 

2) for the affidavit of support I think my new job I got this year is below the requirements but I applied with my taxes from last year where I was working a differentjob.  But When my new employer wrote a letter stating how much I would make a year,  it was an estimate because I do home care and I don't have set hours. Last I saw I met the required income for him to come here but now either the amounts went up or it is judged differently for the AOS portion? Well,  Some weeks I can work 80, some weeks 0. So am I applying with the tax proof from my old job or can I have them write another letter? Or if I need a cosponsor what are the requirements for that person? My husbands step mother has offered to be a cosponser but she has 3 children and receives certain government benefits, although she is employed.

 

 

3 we are also filing for the travel documents so that my husband can hopefully go see our step daughter for the holidays.  If we submitted this before October what are the chances be would be able to travel by December?  Would he have to explain why he's requesting it?  

 

 

For now those are the main issues,  if anyone can answer those and if anyone can be a saint and walk me through some of this I would really appreciate it.  I was looking into an immigration service that helps with all this but they wanted to charge me $600! So any help I can receive here is greatly appreciated

Edited September 5, 2017 by Lolo260
Typo

[KULtoATL 1,551]

1) Frankly, your husband needs to list all his employment for the last how many ever years the form is asking. There shouldn't have been picking and choosing in the first place when the attorney completed the G-325A for him.

 

2) Your I-864 should be based on your current employment and the expected annual income for the current job with the current employer. If your current annual expected income does not meet the 125% poverty guideline for your household size, without a doubt you'd need a co-sponsor. The co-sponsor has to be a US domiciled US citizen or LPR. The co-sponsor's income must be able to cover him/herself + existing dependents + your immigrant husband.

 

3) K-1 holder can apply for a AP and no reason needs be given. However, he may or may not get the approved AP in time for overseas travel in December. DO NOT leave the US without AP or he will be guilty of abandoning his AOS application and might not be allowed back into the US afterwards.

 

 

[Lolo260 33]

1 minute ago, KULtoATL said:

1) Frankly, your husband needs to list all his employment for the last how many ever years the form is asking. There shouldn't have been picking and choosing in the first place when the attorney completed the G-325A for him.

 

2) Your I-864 should be based on your current employment and the expected annual income for the current job with the current employer. If your current annual expected income does not meet the 125% poverty guideline for your household size, without a doubt you'd need a co-sponsor. The co-sponsor has to be a US domiciled US citizen or LPR. The co-sponsor's income must be able to cover him/herself + existing dependents + your immigrant husband.

 

3) K-1 holder can apply for a AP and no reason needs be given. However, he may or may not get the approved AP in time for overseas travel in December. DO NOT leave the US without AP or he will be guilty of abandoning his AOS application and might not be allowed back into the US afterwards.

 

 

 

 

Thank you very much.  As far as what the lawyer did and didn't include,  I'm just grateful our application got approved because she was very very shady. So it wouldn't surprise me if she only put whatever was convenient for her to put.  Hence why we refused to work with her after the forms were sent.  

[KULtoATL 1,551]

AOS guide for K-1: http://www.visajourney.com/content/k1k3aos

 

Current poverty guideline: https://www.uscis.gov/i-864p

 

Current edition forms: https://www.uscis.gov/forms

 

Current AOS fee is $1140 + biometrics $85. EAD + AP filing fees are waived when filed concurrently with AOS. Make sure he's not missing any shots on his DS-3025. Otherwise, he needs to get the missing shots and then find a local civil surgeon to transcribe the DS-3025 plus the new shots onto the I-693 for submission with AOS.

[KULtoATL 1,551]

8 minutes ago, Lolo260 said:

 

 

Thank you very much.  As far as what the lawyer did and didn't include,  I'm just grateful our application got approved because she was very very shady. So it wouldn't surprise me if she only put whatever was convenient for her to put.  Hence why we refused to work with her after the forms were sent.  

Read the VJ guides and USCIS form instructions. Combine both together, you'll be able to put together his AOS + EAD + AP submission on your own without the need of an attorney It's time consuming but you're at least in control and not being cheated.

Edited September 5, 2017 by KULtoATL

[Dutchster 1,107]

The only thing you need from the I-129F process is a copy of the petition approval (NOA2). 

Outside that, you need to add the basic things like your marriage certificate, pay stubs + updated letter of employment and tax returns, printed copy of the I-94 that he entered the US legally etc etc. KULtoATL already gave you the correct, sufficient advise and directions. Follow them, and you'll be fine.