Filing for AOS withholding with a marriage status of married for Affidavit of Support

[Kürbis&Tannenbaum 21]

Hello guys, we have another question about filing for AOS. Any help is appreciated

 

For my fiancés (petitioner) job, he is withholding with a marriage status of married since we will file married filing jointly next April. We have pay checks from before our wedding that we were going to use for affidavit of support. We wanted to apply for AOS right after our wedding / receival of the wedding license. Would USCIS have a problem with the pay checks showing withholding as married, since maybe they think we already act as if we are married, before the actual wedding date? If so, we were thinking to wait for the next pay check post marriage. He only gets paid once a month hence waiting isn’t ideal. 

 

Thank you!

[payxibka 10,047]

7 minutes ago, Kürbis&Tannenbaum said:

Hello guys, we have another question about filing for AOS. Any help is appreciated

 

For my fiancés (petitioner) job, he is withholding with a marriage status of married since we will file married filing jointly next April. We have pay checks from before our wedding that we were going to use for affidavit of support. We wanted to apply for AOS right after our wedding / receival of the wedding license. Would USCIS have a problem with the pay checks showing withholding as married, since maybe they think we already act as if we are married, before the actual wedding date? If so, we were thinking to wait for the next pay check post marriage. He only gets paid once a month hence waiting isn’t ideal. 

 

Thank you!

No concern 

[Pitaya 2,577]

Does foreign spouse have a valid I-765 Employment Authorization Document for legal employment in the US?

[Kürbis&Tannenbaum 21]

23 minutes ago, Pitaya said:

Does foreign spouse have a valid I-765 Employment Authorization Document for legal employment in the US?

No, we wanted to file for it along with the I-485 in a week. Does this make a difference?

[Pitaya 2,577]

The way you described the foreign spouse's work was confusing. 

[Kürbis&Tannenbaum 21]

1 hour ago, Pitaya said:

The way you described the foreign spouse's work was confusing. 

Oh, I see. So, what I described above was for the work situation for the US Citizen. He will file the Affidavit of Support and his pay checks say withholding as married, although we were not married yet, when he got the last pay check. Do we need to wait another month, so that his pay check says "married" when we are actually married? 

Sorry for the confusion.

[Pitaya 2,577]

Likely a non-issue. I don't recall them wanting to see pay check stubs with the initial submission.  Refer to pages 7-9 of the USCIS I-864 instructions for details: https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf . One way to avoid any potential issue if you provide tax return transcripts. Most folks opt to submit IRS-supplied IRS tax return transcripts anyway, they are available free from IRS, they cut down on the amount of paper you have to submit, and they are IRS-supplied, no question of authenticity. https://www.irs.gov/individuals/get-transcript

 

Good luck on your immigration journey.