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Posted

Hello guys,
we have received the online notification that we have been scheduled for our AOS interview and are currently waiting the letter in the mail. This came as a panic to us as we weren't expecting an interview until March/April of 2020 based on USCIS timelines (we filed March 2018 for aos). The problem is that we are very unprepared since the sponsor that initially signed the Affidavit of Support has lost their employment.

Please let us know the most correct way to withdraw the original sponsors (my mothers) Affidavit and replace with my own (petitioner of the K-1).
I have been employed with my first Job since Dec 2018 and therefore have never had to file taxes. I do make over the DHS Poverty Guidelines as needed but my only worries are:

1. How does my mother correctly withdraw her Affidavit so she won't be responsible for sponsoring the Applicant
2. Am I OK to sponsor if I have not filed taxes before but can get a letter from the employer and provide with my paycheck photocopies for 10 months of work?

Please help me with these two questions.

Posted

The procedure is to just present the new I-864(s) to the IO at the interview (in your case, just your own).

As to whether you will qualify on your own is a decision the IO makes based upon a totality of the circumstances.

You can be the sole sponsor without having filed past taxes so long as your I-864 declares that you weren't required to file (due to not having income) for the prior 3 years of returns.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
17 minutes ago, geowrian said:

The procedure is to just present the new I-864(s) to the IO at the interview (in your case, just your own).

As to whether you will qualify on your own is a decision the IO makes based upon a totality of the circumstances.

You can be the sole sponsor without having filed past taxes so long as your I-864 declares that you weren't required to file (due to not having income) for the prior 3 years of returns.

Hello and thanks for your quick response, 

Yes, I understand I should present my new I-864(s) to the interview. But how do I make sure that they won't hold my mother accountable for her I-864 since she will no longer be able to support the applicant? I have read that I should bring a letter of withdrawal to the interview, is this appropriate and acceptable? 

 

If I do not qualify for the I-864, what happens next? Will they deny the application for AOS or will they offer us time to find a sponsor? 

Posted
2 minutes ago, almond_joy said:

Hello and thanks for your quick response, 

Yes, I understand I should present my new I-864(s) to the interview. But how do I make sure that they won't hold my mother accountable for her I-864 since she will no longer be able to support the applicant? I have read that I should bring a letter of withdrawal to the interview, is this appropriate and acceptable? 

 

If I do not qualify for the I-864, what happens next? Will they deny the application for AOS or will they offer us time to find a sponsor? 

It should be fine to just tell them. If you want the extra comfort, include a signed letter of withdrawal of the I-864 from the mother as well.

 

They should respond with an RFE for a suitable I-864. At that point, you could add a joint sponsor. It will delay things, though (any sort of documents being necessary after the interview will do so).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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