Help! K-1 wife almost 3 years in USA, haven't filed AOS

[Just Paul 4,595]

Looks like you will be relying on affidavits to support a bona fide marriage.  

 

You probably count have paid the AOS with the money saved on taxes.

10 hours ago, jpr836 said:

I can get my step dad to be a joint sponsor potentially.. but that will come with a lot of stipulations, I was hoping to avoid that. (He wants us to wait until shes a citizen to have another child, so he's not financially responsible)

Seems like a smart plan but you can't even consider citizenship since you can't even get AOS right.

[Cornflake 108]

11 hours ago, geowrian said:

Being so borderline, especially with the new rule going into effect again....

What kinda new rules? 
 

[Joyoussinger 1,427]

47 minutes ago, Orangesapples said:

You don't need evidence of relationship when filing AOS from a K1 and if I remember correctly, you can bring an updated affidavit of support at the interview. So filing today might be the best move. 

This is incorrect. Evidence of a bona fide marriage is one of the more important things you need to show at your AOS interview. 

[Orangesapples 1,954]

2 minutes ago, Joyoussinger said:

This is incorrect. Evidence of a bona fide marriage is one of the more important things you need to show at your AOS interview. 

Yes, at the interview. Not when filing. We didn't send any evidence, only our marriage certificate and the other required documents, we brought our evidence to the interview and it was a breeze. 

Edited January 30, 2020 by Orangesapples

[geowrian 22,338]

18 minutes ago, Cornflake said:

What kinda new rules? 
 

 

[Loren Y 2,756]

I would definitely work on amending the previous 2 years tax filings, and do this years right with a competent tax person, sounds like who you used was even worse than the clowns you see inside walmart, or standing on a street corner dressed up as the statue of liberty advertising tax services. I even saw credit karma is doing tax services this year. Having your taxes done by someone who took a 2 week training course is asking for trouble. Fine if you are doing a 1040ez, but anything more complicated than that, your sunk. Find a decent CPA, skip jackson hewitt, H &R block, and cookie cutter tax people. You have to fix a pretty big problem. If you had a normal job all these years, and paid taxes out of your paycheck ( Not a 1099 employee) you can more than likely get enough money back to cover all you immigration filing expenses from AOS to ROC to even the N400 for citizenship. It may cost you 250-300 dollars to back file, and fix your taxes, but you should definitely come out ahead in the long run. round up anything you can find from your previous taxes and years, even contact old employers for w-2's. Make an appointment with a CPA, and see what can be done. Most will look at what you have for free, and point you in the right direction. Go to 2-3 even to see who you like the most. Check their ratings on google, etc. Then get on filing the AOS. Right now it's still early in the tax season, and an appointment may be easy to come by. You can have all your taxes fixed in a week or 2, get hopefully a refund, and get the AOS filed without waiting any longer.

[Scandi 4,176]

48 minutes ago, Orangesapples said:

Yes, at the interview. Not when filing. We didn't send any evidence, only our marriage certificate and the other required documents, we brought our evidence to the interview and it was a breeze. 

Yes, evidence not needed when filing. At the interview on the other hand it's possible that the IO will ask for even more evidence from OP than a regular K-1 to AOS case since they have been married and living together for years already. The IO will likely expect there to be a ton of evidence after 3 years of marriage/co-habitation. 

[Orangesapples 1,954]

2 minutes ago, Scandi said:

Yes, evidence not needed when filing. At the interview on the other hand it's possible that the IO will ask for even more evidence from OP than a regular K-1 to AOS case since they have been married and living together for years already. The IO will likely expect there to be a ton of evidence after 3 years of marriage/co-habitation. 

Oh yes, definitely, especially since if they get approved they wouldn't need to remove conditions. But there's no point in adding any evidence to the packet, they will get an interview either way and they will have to bring as much evidence as possible to the interview. 

 

OP, you'll also need a new medical, that also costs a lot of money but only spend it after you get your interview notice, so that the medical doesn't expire. 

[beloved_dingo 1,981]

12 hours ago, jpr836 said:

@HRQX   THANKS! Didn't know about form W-7.

I may just drive to Austin to the IRS office and apply in person that way we can get her passport back quicker rather than waiting for them to mail it.

Last year we tried "married filing jointly" but the IRS said they refiled it as single. I guess because she didn't have a SSN or Tax ID #

 

@geowrian  Really?!!... Thats terrible news if so.. I really hope not. 

I made prob around $26,450.

I may try to claim my poshmark sales as well, but thats not much.

Maybe only $1000 more

 

Do you think I should try?

The last 4 years before this one, I made maybe half that. 

 

I can get my step dad to be a joint sponsor potentially.. but that will come with a lot of stipulations, I was hoping to avoid that. (He wants us to wait until shes a citizen to have another child, so he's not financially responsible)

I don't mean to come off as judgmental here, but based on the bolded portion here in your previous post you have implied that you already have one child. Since you haven't filed for AOS, your wife has not been able work or drive and has also been at serious risk of deportation since you have waited so long to file. On top of that, you have been far below the poverty line for income until 2019, but even that increase in income is too low for a household of 3 or more. I understand that life can throw things at you that you do not expect, but do you realize you have put your wife and family at serious risk by not filing? You need to step up and support your family. That is what the U.S. government expects of you, and that is also the right thing to do. Unless you have something barring you from acquiring decent full time work, you need to get out there ASAP and do it. Your wife does not deserve having to face possible deportation due to your lack of action. She is basically helpless in this country without legal status, proper ID, a social security number, etc. 

 

As others have said - amend your tax returns, look for better work, and file for AOS as soon as possible. Your wife will be authorized to stay in the U.S. as soon as you get the AOS receipt notice back from USCIS.

[Joyoussinger 1,427]

1 hour ago, Orangesapples said:

Yes, at the interview. Not when filing. We didn't send any evidence, only our marriage certificate and the other required documents, we brought our evidence to the interview and it was a breeze. 

Yes. I stand corrected and thank you. I was thinking of the interview.

[yuna628 9,697]

How is mom and child obtaining health insurance in such a long term scenario of not having enough money to do, well, much of anything?

[Mike E 11,742]

2 hours ago, beloved_dingo said:

Your wife has not been able work or drive and has also been at serious risk of deportation since you have waited so long to file.

 

[Orangesapples 1,954]

17 minutes ago, Mike E said:

 

That's a scary thread! And then there were people in other threads recently arguing that it's OK to wait to get married at the end of the 90 days. Nope, it's risky and a terrible idea. 

[Mike E 11,742]

2 minutes ago, Orangesapples said:

That's a scary thread! And then there were people in other threads recently arguing that it's OK to wait to get married at the end of the 90 days. Nope, it's risky and a terrible idea. 

It is risky to get married in any county that doesn't produce a marriage cert in less than 2 working days, and it is risky to get married after day 30.

[jpr836 2]

@beloved_dingo I do have a full-time job. I just work at dominoes though. This is the most money I’ve ever made in my life.

 

I have a felony for simple possession from 13 years ago for having 2 ecstasy pills when I was 17 years old.

 

they won’t expunge my record and as much as I’ve tried they say it will stay with me forever.

 

I also only have a GED, no college education or skills. I went to my first rehab at 13 years old. I’ve been to eight of them and was in and out of jail for stupid probation violations until I was 22 years old.

 

I am now almost 30 and have changed my life around, but my past still haunts me and there’s not much in the way of jobs that I know to pursue.

 

I was living in a small spare bedroom at my grandmas house until my wife contacted me from Indonesia, after talking for two years We started a relationship.

 

I worked very hard to move out and got a job and I’m now working so much that I hardly have time at home, but it’s still not nearly enough.

 

i’m averaging around $12 an hour at dominoes, which is pretty good for an entry-level job with no skills required and no higher education.

 

I have a bad driving record so driving jobs like Uber or other jobs that require clean records are out of the question. any government jobs like the post office or healthcare worker which I’m experienced in, also wouldn’t accept me because of my felony..

 

between all the bills, even if I would like to pursue higher education I don’t have the time to do so while still being able to pay for everything.

 

our relationship is strained as it is with me working so much without adding school on top of it and student loans I would have to pay back.

 

i’m really doing the best I can here. Most of my life up until 22 or 23 was in disarray. I’m actually doing very good based on where I have been in the past.

 

if you have any ideas of what you think I could pursue that would really help, i’m all for making money and working hard.

 

I just don’t know what to do