AOS denied due to missing supporting Affidavit Of Support documents.

[Ayrton 965]

5 hours ago, DialNoises said:

Ohh boy! Hopefully I'll be getting it within this timeline or at all! Not sure how covid 19 is affecting it and if the uscis depends on if the social security offices are open.

I still wonder what things am I allowed to explore legally with my work permit and what's not, like from home freelance, accepting money or gifts from people with no regards to work (or money exchange for working one timely for an individual) or if being allowed to get and cash a stimulus check as a pending immigrant with an EAD, as I brought up a few conversations back in the thread, curious! 

 

Work authorization is exactly what it says. You're authorized to work like any other us citizen and LPR (unless the job specifically says you need to be a USC).

 

Accepting money as gift has nothing to do with your work authorization. Stimulus Check also has nothing to do with having a work authorization. Most of the k1 immigrants that got married late last year and had a SSN received the Stimulus check without a EAD.

[DialNoises 6]

3 minutes ago, Ayrton said:

Work authorization is exactly what it says. You're authorized to work like any other us citizen and LPR (unless the job specifically says you need to be a USC).

 

Accepting money as gift has nothing to do with your work authorization. Stimulus Check also has nothing to do with having a work authorization. Most of the k1 immigrants that got married late last year and had a SSN received the Stimulus check without a EAD.

Oh.. So is accepting money from people (not business) as a gift or as an exchange for goods/services or as donations is still illegal until I turn a legal resident? 

My EAD is only good if I get employed by a company and only? 

 

And reading upon some other threads on the forum, I saw someone mentioning that it is illegal to cash your stimulus check if you're not a legal resident, so I'm unsure of what is legal and what is not, I don't want to break any rules 

 

[Ayrton 965]

6 minutes ago, DialNoises said:

Oh.. So is accepting money from people (not business) as a gift or as an exchange for goods/services or as donations is still illegal until I turn a legal resident? 

My EAD is only good if I get employed by a company and only? 

 

And reading upon some other threads on the forum, I saw someone mentioning that it is illegal to cash your stimulus check if you're not a legal resident, so I'm unsure of what is legal and what is not, I don't want to break any rules 

 

No. You could do that even before you had your EAD. Receiving money as a gift is exactly that: a gift. I received half a dozen of gift cards for Christmas when I didn't have an EAD.

 

The Stimulus check is a whole new discussion. They use the IRS database to issues Stimulus check. IRS doesn't care about your status. They have their own way to determine if you are a "resident for tax purposes". Even an illegal immigrant (overstay) is considered a resident by IRS because of the time they have been living here.

 

I'm not a legal resident yet, and I received the Stimulus straight in our bank account. If you only got married in 2020, you will be able to receive your Stimulus check in 2021 when you file your 2020 taxes. 

Edited July 11, 2020 by Ayrton

[DialNoises 6]

2 minutes ago, Ayrton said:

No. You could do that even before you had your EAD. Receiving money as a gift is exactly that: a gift. I received half a dozen of gift cards for Christmas when I didn't have an EAD.

 

The Stimulus check is a whole new discussion. They use the IRS database to issues Stimulus check. IRS doesn't care about your status. They have their own way to determine if you are a "resident for tax purposes". Even an illegal immigrant (overstay) is considered a resident by IRS because of the time they have been living here.

 

I'm not a legal resident yet, and I received the Stimulus straight in our bank account. If you only got married in 2020, you will be able to receive your Stimulus check in 2021 when you file your 2020 taxes. 

I could accept money.. All this time? 

I thought that was illegal, I have been doing so much research about it and I kept seeing mentions that it is illegal until you get your EAD or become a legal resident, I honestly don't know what go believe anymore, this is shattering some news! 

 

And I don't know about the stimulus check, I think I should stay careful and not cash any stimulus check I would get until the the AOS succeeds 

 

I got married in 2018 but failed to get an SSN due to the social security offices choosing to handle my documents after the exceeded time it was possible to grant me a number. 

I had no SSN ever since and I still do not have one, still waiting to receive one. 

My wife had to file taxes alone until we realized that something such as an ITIN number exists, which we applied for in March, and never received a single letter back, so we were never been able to amend our taxes so we could file as married. 

Only my wife got her stimulus but unfortunately I did not. 

If we qualify somehow for the second wave of stimulus checks, this is where I'm wondering if it would be legal for me to cash it before I'll become a legal resident. 

We will see how things turns out, but I'll do what I must to stay out of trouble 

[Ayrton 965]

26 minutes ago, DialNoises said:

I could accept money.. All this time? 

I thought that was illegal, I have been doing so much research about it and I kept seeing mentions that it is illegal until you get your EAD or become a legal resident, I honestly don't know what go believe anymore, this is shattering some news! 

 

And I don't know about the stimulus check, I think I should stay careful and not cash any stimulus check I would get until the the AOS succeeds 

 

I got married in 2018 but failed to get an SSN due to the social security offices choosing to handle my documents after the exceeded time it was possible to grant me a number. 

I had no SSN ever since and I still do not have one, still waiting to receive one. 

My wife had to file taxes alone until we realized that something such as an ITIN number exists, which we applied for in March, and never received a single letter back, so we were never been able to amend our taxes so we could file as married. 

Only my wife got her stimulus but unfortunately I did not. 

If we qualify somehow for the second wave of stimulus checks, this is where I'm wondering if it would be legal for me to cash it before I'll become a legal resident. 

We will see how things turns out, but I'll do what I must to stay out of trouble 

You can't receive money related to work. But if a friend wants to give you a $50 dollars gift card that's completely fine. If you want to sell your old computer on eBay, that's also completely fine. 

 

I don't get where your worries are coming from about the Stimulus check. If you are married since 2018. Your spouse probably filed MFS since you had no SSN or ITIN. If she filed as single, she committed fraud and needs to amend her return.

 

Again: YOU DON'T NEED TO BE A LEGAL RESIDENT to receive a Stimulus check.

 

Having a green a card is different from resident for tax purposes. 

 

IRS doesn't ask for legal status. They are gonna say you're a resident for tax purposes according to the time you've been living here.

 

Remember that you can't receive a Stimulus check with an ITIN.

 

The only place you should read about the Stimulus check is the IRS website. And you will see there that you don't need a green card to receive it.

Edited July 11, 2020 by Ayrton

[DialNoises 6]

6 hours ago, Ayrton said:

You can't receive money related to work. But if a friend wants to give you a $50 dollars gift card that's completely fine. If you want to sell your old computer on eBay, that's also completely fine. 

 

I don't get where your worries are coming from about the Stimulus check. If you are married since 2018. Your spouse probably filed MFS since you had no SSN or ITIN. If she filed as single, she committed fraud and needs to amend her return.

 

Again: YOU DON'T NEED TO BE A LEGAL RESIDENT to receive a Stimulus check.

 

Having a green a card is different from resident for tax purposes. 

 

IRS doesn't ask for legal status. They are gonna say you're a resident for tax purposes according to the time you've been living here.

 

Remember that you can't receive a Stimulus check with an ITIN.

 

The only place you should read about the Stimulus check is the IRS website. And you will see there that you don't need a green card to receive it.

Unfortunately my wife had to file single before the deadline, we're trying to amend it, but we will first need either my ITIN number or SSN to be able to file as married, I hope we will make it in time 

[Ayrton 965]

32 minutes ago, DialNoises said:

Unfortunately my wife had to file single before the deadline, we're trying to amend it, but we will first need either my ITIN number or SSN to be able to file as married, I hope we will make it in time 

Not exactly. She can file married filing separately. And that doesn't require you to have ITIN or SSN.

[DialNoises 6]

4 minutes ago, Ayrton said:

Not exactly. She can file married filing separately. And that doesn't require you to have ITIN or SSN.

Huh, we had no idea! 

She was filing through TurboTax and it just didn't let her proceed as married without an SSN or an ITIN number, probably could have been different if we were to use the actual papers. 

Oh well, hopefully I'll get my SSN soon so we could soon amend the taxes, and maybe even get an extra stimulus processed if I do still qualify for the first wave stimulus, which probably not because I think there was some sort of a deadline, but still would be nice. 

One way or another, getting the taxes amended before the interview is a priority 

 

[DialNoises 6]

Got the social security card today! What a breeze! 

Huh, something so important and special in a form of a piece of paper.. 

It says "for work authorization" on the card, will my SSN change if I get a green card or become a citizen? Or is the number is with me forever regardless of a change in my status? 

 

One way of another, I can finally start looking toward first off amending our taxes, issuing myself an ID and other great possibilities like opening an account in a reputable bank account I can trust and benefit from, and more! 

 

Got to keep this little thing safe and secured from now on! 

[DialNoises 6]

I finally got a notification from USCIS that thry scheduled an interview for me! 

I yet do not know the date as I yet to recieve a letter in the mail, but considering that they finally scheduled me an appointment, it's time to get the preparation going! 

 

I am starting with calling places to redo my medical, I went through the thread of doctors I found on this forum, and I only found one doctor that is still in commission while others are not anymore haha, that I also used the USCIS doctor find tool to look for doctors locally, but a lot of them are either don't work with immigration doctors anymore, the doctors are on vacation, the soonest they can do it mid next January, or they are just closed. 

So I was only able to find 1 in every 7 places we call, so after calling like 20 or so, we got like a few doctors already! 

One of them is Dr Emil P Sfedu in Philedelpia, however they are pricier than what was mentioned on the forum haha. 

 

They asked me if I need the physical exam that I'm actually not sure! 

I also remembering doing an X Ray of my chest back home and I'm not sure if that's something I need to do again (I also have my X ray on a CD disk) 

Anybody knows what things do I need to redo my exam? Like what should I ask to be done again so I wouldn't be charged extra for operations that I don't need? 

 

Also on a side note, I still don't have a medical insurance because it was too expensive to justify considering I don't utilize my medical often if not ever, and my wife's job failed at providing them the full time and benefits that they have promised, especially because of the lockdown. 

I am afraid that it will effect my interview because of the new public charge rule, and I have been wondering. 

So when I had to resubmit my case at the beginning of the year I had put a relative/friend as my Co sponsor, 

They have insurance from work and they can add people to their insurance, but to add me to their insurance I need to be their legal dependent. 

Am I only going to be their legal dependent after they process the interview? Or am I their legal dependent already dating back to they first received or reviewed my paper works? 

 

If the answer is no ill be rushing to get a different job and hope to get full time soon and get insurance as soon as I possibly can within the time frame of before the interview.. 

 

 

Also does anybody got good resources on what to bring to the interview, how to get prepared, how to dress, what can be used as an evidence and all the possible things to make an interview successful? 

I had been collecting those resources over the course of being in the US, but I lost all of my saved bookmarks since ever since my phone got damaged a couple of months ago.. 

Anything like that would be appreciated, thank you so much!! 

[DialNoises 6]

Odd, we haven't received the letter yet, if lost, what is the proper way to report that to the USCIS?

[SalishSea 17,827]

On 12/18/2020 at 9:34 AM, DialNoises said:

They have insurance from work and they can add people to their insurance, but to add me to their insurance I need to be their legal dependent. 

Am I only going to be their legal dependent after they process the interview? Or am I their legal dependent already dating back to they first received or reviewed my paper works? 

 

You cannot be and are not their legal dependent in this context.  Your joint sponsor cannot claim you as a 'dependent' on their tax return, now can they?  Most workplace insurance coverage only applies to one's spouse and children, and even then it is only up to age 26.

 

You are an adult, and as such you need to look into providing yourself with medical insurance.  In the United States, and especially in a pandemic, it is a poor choice not to have it.

[DialNoises 6]

14 minutes ago, Jorgedig said:

You cannot be and are not their legal dependent in this context.  Your joint sponsor cannot claim you as a 'dependent' on their tax return, now can they?  Most workplace insurance coverage only applies to one's spouse and children, and even then it is only up to age 26.

 

You are an adult, and as such you need to look into providing yourself with medical insurance.  In the United States, and especially in a pandemic, it is a poor choice not to have it.

Absolutely, unfortunately I got my permit late into the pandemic and I had to hold off going to work for a while to protect people within my household who are in the danger group, thankfully the vaccine is out very soon and I have already applied to a new job which I'll be attending very soon and hopefully will be getting benefits soon, thankfully the place I am applying for is good about this kind of stuff, but obviously nothing is guaranteed.

Considering my very fortunate health status, which is very good, I could just not simply justify paying for medical insurance as it would not be properly utilized by me if not at all, I only ever go and see a doctor on a rare occasion and I could not watch all of my savings which were intended for me and my partner have a more successful time transitioning to a place of our own, all go to waste to make an impression that we're not deemed to be a public charge, even with the importance of having insurance that anything major could happen at any moment to you no matter how healthy you are, which I understand, and probably can pay for at least once considering how expensive health care is in here, so far during my visit I went to check a weird rash I had on my arm, and had tested for covid (thankfully it was free and is not deemed for public charge) because I got in contact close to a covid suspect, so without a paying job I could just not justify paying full for insurance, but I do understand the importance of having one, I hope you understand!

 

 

But thank you for clarifying the whole joint sponsor thing! we were not looking to have them claim on their taxes, but only to add me on their insurance, but this gives us a clearer answer that something like that is not possible, thats a relief to know!

 

 

[SalishSea 17,827]

1 minute ago, DialNoises said:

so without a paying job I could just not justify paying full for insurance, but I do understand the importance of having one, I hope you understand!

 

I get that.  However, whatever the cost of the premiums for a self-pay insurance, they would be significantly cheaper than self-pay for care should you get covid.  You may be young and healthy, but young and healthy people get into car accidents and get acute appendicitis.

 

I've been an RN for 20 years and I've seen lives ruined from medical bills.  The US isn't like other countries in that respect.

 

Also, as someone who had AOS denied a year ago, I would have thought you'd be doing everything possible to ensure that it doesn't get denied again.  You might benefit from doing some extra research and reading here on VJ to educate yourselves about the process.

[DialNoises 6]

2 minutes ago, Jorgedig said:

I get that.  However, whatever the cost of the premiums for a self-pay insurance, they would be significantly cheaper than self-pay for care should you get covid.  You may be young and healthy, but young and healthy people get into car accidents and get acute appendicitis.

 

I've been an RN for 20 years and I've seen lives ruined from medical bills.  The US isn't like other countries in that respect.

 

Also, as someone who had AOS denied a year ago, I would have thought you'd be doing everything possible to ensure that it doesn't get denied again.  You might benefit from doing some extra research and reading here on VJ to educate yourselves about the process.

This is very true, anything could happen at any moment, one moment youre very healthy, the other youre suffering from a fatal injury.

I am however hesitant on getting an insurance and I was hoping to get one last year hoping I would be able to work and pay for it, unfortunately the denial happened, then covid and then the delays, at every moment when I was considering that I should just give in and issue myself an insurance on the spot, I think about how at any moment I could just be getting my permit and I could pay for my insurance with the money that I earn, or that I would be achieving my insurance for way cheaper and have a more successful time generating as much as money as I possibly can to help our transition.

There were many times when I gave in in situation like these and life would turn against me and render my attempts as bad choices, and I encouraged myself to be patient instead which would pay off immensely, and I was very fortunate to up until now to not end up in a single life threatening situation or to be honest any minor thing that would have had me sent to the hospital or doctor, and a lot of money has been saved thankfully for that, but finally I am getting a job and finally I'll be able to sustain myself a good health care, unfortunately I also fear that the officer interviewing me will suspect that this is a reason for a public charge, unless by a miracle I'll have documents supporting me having health insurance before the interview, which unlike other jobs, is likely for my job, but I will always give the benefit of a doubt, so I wont say its guaranteed and I would only call it sheer luck.

I guess after a childhood of watching money just being lost left and right, I grew a mentality of being very stubborn about keeping what I have, I still need to work on it and my priorities.. haha..

 

 

And I have been extremely fearful about the whole interview and I have in fact been doing a lot of research, I would spend a good few hours a night reading threads, researching topics that concern me and looking outside of the VJ forums by looking stuff on google, I actually put up quite the work researching and doing whatever I possibly can to educate myself to be best prepared for the interview, but even then I cannot find some answers to my questions and I am left with unfilled holes in my head, I feel like I know so much already and yet theres so much for me to figure out and find the answers for, and google's weird search engine algorithm is not helping it at all. 

I'd also be a daily visitor of the forum! I actually been doing it to an unhealthy degree and I took a little break off VJ in the past 3-4 months,

I always tell friends and family about how demanding this process is and people think I am just overthinking it, when I am just trying to come best prepared for the interview.

Unfortunately while some things are important, not all things are feasible at once, especially for young adults like us.

So dont get me wrong, I am in fact very paranoid about the interview and I am doing the best I can to gather as much as information, and usually I ask here the things I was never ever been able to establish if correct or not, or information I was just not been able to reach out for.

And unfortunately some information I have gathered and saved has been lost with my phone.. I made backups but I am unable to use them because the services im using have discontinued the support for them and such.. I am however trying to look for some of the threads that I kinda need to help me with the interview, and I am still having trouble finding them, so I am currently trying to use python to reverse engineer the backups that I have just to look for my bookmarks.

 

So far I am positive about the bone fide, I have been collecting so many assets to prove our genuine relationship and they are really starting to shine through

But its the new public charge rule im so intimidated by.

 

One of the major data I have lost that I have booked marked, there was this topic on VJ where someone mentioned that they are living with their parents and they are worried about it because their name is not on the household's leash, and someone helped them by suggesting creating a whole letter stating stuff such as 

"I am parent _____ and ______ and we recognize ____ and ____ as a genuine married couple, ____ and ____ pay the rent, they help pay the utilities, they help around the house and this and this and this, signed by ___ and ____, the owners of the household"

While we could write one of our own, I am looking for the template to get ideas how to write it as formally and helpful as possible, we are still residing with my wife's parents, we had the intentions to move back in april-may, but the pandemic happened..

 

There was also one thread where someone listed a huuuuuuuuuuuuge list of joint accounts ideas, and i think it had plenty of ideas for what to bring for the interview to provide as evidence to back up a bone fide relationship.

 

I'll looking for them though