Affidavit of support for adjustment of status

[neoseo1300 0]

Hi everyone,

 

Quick question for you. I was living in France when I applied for the CR1 visa following my mariage with my American wife. In the meantime, my employer transferred me to the US under a E2 visa. In order to continue the process (I had received the i797 notice of action before i moved to the US), I understand I have to request an adjustment of status (form I485), correct?

 

- Does it mean the whole process will start over ? (I originally applied for the CR1 in November 2016..)

- Do I have to pay the new fees (over 1,000$) ?

- More importantly, given that I'm already working in the US (via the E2) and my salary is above the threshold requested by the administration, do I still need an affidavit of support ? If so, can my wife, who is still a student with no revenue, can complete the affidavit while combining both our revenues (basically mine) ?

 

Thanks for your help

Cheers

Edited November 1, 2017 by neoseo1300

[NikLR 13,227]

You would need an I-485 to adjust your status.  You do not need the I-130. 

Yes you can be the household member to your wife's I-864. 

[geowrian 22,337]

You don't have to do AOS, but you are permitted to do so and would interview in the US instead of returning abroad.

• No, the process doesn't need to start over. Assuming the I-130 was not approved yet, you can send in the I-485 packet with a copy of the NOA1 from the I-130. Otherwise, send in a copy of the NOA2.
• You still need to pay the $1225 in fees for the I-485.
• An I-864 is required from the petitioner as the primary sponsor. If you meet the criteria listed in the I-864 instructions to combine income with the petitioner, you may do so (no I-864A necessary for you).

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.