AOS from F-1 -- Question about I-864

[LilyKins 121]

Hi,

 

I posted in the Student Visa forum on Monday after a fairly large scare involving my F-1 status and OPT application (you can see my post if you're curious -- it got some views but no replies, haha). It has since been established that USCIS either rejected my OPT application in error OR I'm receiving the message that they've rejected my OPT in error. It has yet to be established which. Either way, my F-1 status is still valid and I am currently in the USA legally (according to my DSO; I am still a little apprehensive). Thank goodness. This was a huge wake up call for my boyfriend and I (together almost 3 years now), and we've decided getting married is our next step. We had spoken about marriage in the past and both hoped to be headed in that direction, but this made us realize how quickly things can change for us, and we shouldn't have waited this long anyways (essentially, this has moved our timeline up). We are going to the courthouse within the next two weeks to finalize this.

 

For the I-864, his parents will be co-sponsoring me as we do not meet the minimum income requirements. Would my husband, his father, and his mother each fill out a separate I-864 with the accompanying tax information? Seeing as 2019 taxes aren't eligible for filing yet, will 2016, 2017, and 2018 be okay for the past three years of tax history?

 

Anecdotally, if I have to resubmit my OPT application (the USCIS representative from my school is still trying to determine if it is better for me to resubmit or to reopen the case; we are still within the 60 day window from the end of my program), would it be better to save the $410 fee and just file for the EAD with the AOS application? Is there any benefit to applying for the OPT so close to the AOS? 

[milimelo 4,477]

By the time of your interview (which you will have) - definitely after April 15 tax filing date- you will need to bring updated tax forms - 2019 included. 
 

husband fills out his I-864. 
his father files I-864 and mother I-864a. 
 

all need the same forms to enclose - proof of citizenship, w2s, employer letter, tax return transcripts from irs and anything extra they want to include - assets, savings, 401k. 
 

may want to check on filing fee - should be going up soon and then all forms (including EAD and AP) will need a fee. 

[LilyKins 121]

5 minutes ago, milimelo said:

By the time of your interview (which you will have) - definitely after April 15 tax filing date- you will need to bring updated tax forms - 2019 included. 
 

husband fills out his I-864. 
his father files I-864 and mother I-864a. 
 

all need the same forms to enclose - proof of citizenship, w2s, employer letter, tax return transcripts from irs and anything extra they want to include - assets, savings, 401k. 
 

may want to check on filing fee - should be going up soon and then all forms (including EAD and AP) will need a fee. 

Awesome, thank you!

 

Definitely expecting to have an interview, haha. I'm neurotic about this stuff and would rather be put through the wringer to ensure its done correctly than worry about something having been missed. We have nothing to hide, but I always worry about clerical things out of my control (like what happened with my OPT; my anxiety makes me worry I'm not here legally even though my DSO says she's "pretty sure" I am).

[LilyKins 121]

Follow up question: if his parents file taxes jointly, would they each include a copy of their joint tax return in their separate I-864 applications?