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AOS question

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Old May 12th 2002, 3:20 pm
  #1  
Kernowzx2
Guest
 
Posts: n/a
Default AOS question

Hi group!

I'm here on an H1-B visa (expires 2004) and am a UK Citizen. I am hoping to go the GC
route ASAP.

I Married a US citizen last April and we have a 7 month old daughter together who is
also a US citizen.

Ok my question to the group is about the AOS, as the rest seems quite
straightforward;

AOS requires that the non US citizen needs someone to sponsor them and they need to
be at or above the 125% the poverty level.

My Wife doesn't work as she is looking after our baby, and we have no intention of
her working until Jenna is at school

So despite my income being infinitely more than the 125% poverty level I can't
sponsor myself.... Or can I? By next April I will have 3 nice W-2 returns that will
detail my income.

So Oh Wise denizens of the group how do we fulfill the AOS requirements??

Sorry if this is posted to the wrong group, but the visa.us.marriage based seemed
full of K-1 enquiries!

Thanks!

Steve, Kathe, and Jenna!
 
Old May 12th 2002, 7:20 pm
  #2  
Shelley
Guest
 
Posts: n/a
Default Re: AOS question

You must have skimmed over posts at alt.visa.us.marriage-based - more folks there
filing I-130s than I-129Fs these days. Start here - the I-130 Immigration Help Site
http://www.geocities.com/immigration_helpsite/index.htm it shows step by step what
you need to do. Also read through the Doc Steen site
http://www.mindspring.com/~docsteen/...o/visainfo.htm lots of helpful hints,
example pages, and more links than you will ever need. The Tourist Adjustment section
will have the information you need - there is information on H visa adjustment there.
And feel free to head back over the marriage-based group, AOS is the same whether you
are adjusting status from an H1B, B-1/2, J1, etc. and there is only one form you
don't use for K-1ers, but the filing and interview are the same. Sure there are a lot
of K-1 questions, these are newbies who haven't dealt with the INS before and don't
know where to start - but just as many ask questions about AOS and lots of good folks
there to help you. Take Care. Shelley

"kernowzx2" <[email protected]> wrote in message
news:[email protected]...
    > Hi group!
    >
    > I'm here on an H1-B visa (expires 2004) and am a UK Citizen. I am hoping
to
    > go the GC route ASAP.
    >
    > I Married a US citizen last April and we have a 7 month old daughter together who
    > is also a US citizen.
    >
    > Ok my question to the group is about the AOS, as the rest seems quite
    > straightforward;
    >
    > AOS requires that the non US citizen needs someone to sponsor them and
they
    > need to be at or above the 125% the poverty level.
    >
    > My Wife doesn't work as she is looking after our baby, and we have no intention of
    > her working until Jenna is at school
    >
    > So despite my income being infinitely more than the 125% poverty level I can't
    > sponsor myself.... Or can I? By next April I will have 3 nice W-2 returns that will
    > detail my income.
    >
    > So Oh Wise denizens of the group how do we fulfill the AOS requirements??
    >
    > Sorry if this is posted to the wrong group, but the visa.us.marriage based seemed
    > full of K-1 enquiries!
    >
    > Thanks!
    >
    > Steve, Kathe, and Jenna!
 
Old May 13th 2002, 11:20 am
  #3  
Kernowzx2
Guest
 
Posts: n/a
Default Re: AOS question

Thanks Shelly! You are a treasure!

"Shelley" <[email protected]> wrote in message
news:[email protected]...
    > You must have skimmed over posts at alt.visa.us.marriage-based - more
folks
    > there filing I-130s than I-129Fs these days. Start here - the I-130 Immigration
    > Help Site http://www.geocities.com/immigration_helpsite/index.htm it shows step by
    > step what you need to do. Also read through the Doc Steen site
    > http://www.mindspring.com/~docsteen/...o/visainfo.htm lots of helpful hints,
    > example pages, and more links than you will ever need. The Tourist Adjustment
    > section will have the information you need - there is information on H visa
    > adjustment there. And feel free to head back over the marriage-based group, AOS is
    > the same whether you are adjusting status from an H1B, B-1/2, J1, etc. and there is
    > only one form you don't use for K-1ers, but the filing and interview are
the
    > same. Sure there are a lot of K-1 questions, these are newbies who
haven't
    > dealt with the INS before and don't know where to start - but just as many ask
    > questions about AOS and lots of good folks there to help you. Take Care. Shelley
    >
    > "kernowzx2" <[email protected]> wrote in message
    > news:[email protected]...
    > > Hi group!
    > >
    > > I'm here on an H1-B visa (expires 2004) and am a UK Citizen. I am
hoping
    > to
    > > go the GC route ASAP.
    > >
    > > I Married a US citizen last April and we have a 7 month old daughter together who
    > > is also a US citizen.
    > >
    > > Ok my question to the group is about the AOS, as the rest seems quite
    > > straightforward;
    > >
    > > AOS requires that the non US citizen needs someone to sponsor them and
    > they
    > > need to be at or above the 125% the poverty level.
    > >
    > > My Wife doesn't work as she is looking after our baby, and we have no intention
    > > of her working until Jenna is at school
    > >
    > > So despite my income being infinitely more than the 125% poverty level I can't
    > > sponsor myself.... Or can I? By next April I will have 3 nice W-2 returns that
    > > will detail my income.
    > >
    > > So Oh Wise denizens of the group how do we fulfill the AOS
requirements??
    > >
    > > Sorry if this is posted to the wrong group, but the visa.us.marriage
based
    > > seemed full of K-1 enquiries!
    > >
    > > Thanks!
    > >
    > > Steve, Kathe, and Jenna!
    > >
    > >
    >
 
Old May 14th 2002, 12:20 am
  #4  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: AOS question

You are in luck. There is an exception to the rule that only the citizen's income
counts: if you have a stable job and lived together for at least six months, your
income can count towards the 125%.

Ingo

On Sun, 12 May 2002 22:40:11 GMT, "kernowzx2" <[email protected]> wrote:

    >Hi group!
    >
    >I'm here on an H1-B visa (expires 2004) and am a UK Citizen. I am hoping to go the
    >GC route ASAP.
    >
    >I Married a US citizen last April and we have a 7 month old daughter together who is
    >also a US citizen.
    >
    >Ok my question to the group is about the AOS, as the rest seems quite
    >straightforward;
    >
    >AOS requires that the non US citizen needs someone to sponsor them and they need to
    >be at or above the 125% the poverty level.
    >
    >My Wife doesn't work as she is looking after our baby, and we have no intention of
    >her working until Jenna is at school
    >
    >So despite my income being infinitely more than the 125% poverty level I can't
    >sponsor myself.... Or can I? By next April I will have 3 nice W-2 returns that will
    >detail my income.
    >
    >So Oh Wise denizens of the group how do we fulfill the AOS requirements??
    >
    >Sorry if this is posted to the wrong group, but the visa.us.marriage based seemed
    >full of K-1 enquiries!
    >
    >Thanks!
    >
    >Steve, Kathe, and Jenna!
    >
    >

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 
Old May 14th 2002, 7:20 am
  #5  
Shelley
Guest
 
Posts: n/a
Default Re: AOS question

"Ingo Pakleppa" <[email protected]> wrote in message
news:[email protected]...
    > You are in luck. There is an exception to the rule that only the citizen's income
    > counts: if you have a stable job and lived together for at least six months, your
    > income can count towards the 125%.
    >
    > Ingo

At the time of my husband's AOS interview, I (the USC) was also a stay at home mom.
Once you have been married for 6 months the USC spouse can can complete the I-864
using both spouses income (you do not complete the I-864A). However - the
"deportland" offices (both Portland OR and Portland ME) have refused Affidavits of
Support where only the immigrant spouse is working and required a co-sponsor. I hope
you're not using one of these offices. Take Care. Shelley



    >
    > On Sun, 12 May 2002 22:40:11 GMT, "kernowzx2" <[email protected]> wrote:
    >
    > >Hi group!
    > >
    > >I'm here on an H1-B visa (expires 2004) and am a UK Citizen. I am hoping
to
    > >go the GC route ASAP.
    > >
    > >I Married a US citizen last April and we have a 7 month old daughter together who
    > >is also a US citizen.
    > >
    > >Ok my question to the group is about the AOS, as the rest seems quite
    > >straightforward;
    > >
    > >AOS requires that the non US citizen needs someone to sponsor them and
they
    > >need to be at or above the 125% the poverty level.
    > >
    > >My Wife doesn't work as she is looking after our baby, and we have no intention of
    > >her working until Jenna is at school
    > >
    > >So despite my income being infinitely more than the 125% poverty level I can't
    > >sponsor myself.... Or can I? By next April I will have 3 nice W-2 returns that
    > >will detail my income.
    > >
    > >So Oh Wise denizens of the group how do we fulfill the AOS requirements??
    > >
    > >Sorry if this is posted to the wrong group, but the visa.us.marriage
based
    > >seemed full of K-1 enquiries!
    > >
    > >Thanks!
    > >
    > >Steve, Kathe, and Jenna!
    > >
    > >
    >
    >
    > I am not a lawyer and this is not legal advice. For reliable advice, please consult
    > with a professional immigration attorney.
    >
    > For further information, check the following frequently-requested links.
    >
    > For many questions, you may find answers at
    > http://travel.state.gov/visa_services.html (Department of State)
    >
    > or http://ins.usdoj.gov (INS).
    >
    > For consular policies and visa reciprocity fees, find your consulate in
    > http://travel.state.gov/links.html
    >
    > For visa denial and suggestions what to do about them, see
    > http://travel.state.gov/visadenials.html
    >
    > For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
    >
    > For information on affidavit of support for marriage to US citizens (I-864), go to
    > http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
    >
    > For information on entering the US as a K-1: http://www.k1poelist.com/
    >
    > For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
    >
    >
    > For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
    > http://travel.state.gov/revals.html
    >
    >
    > For non-official information, check:
    >
    > (When using these sites, and any Web sites, please watch out for privacy, as I do
    > not know all site operators.)
    >
    > http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
    > http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
    > (dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
    > http://www.getusavisa.com http://greencard-lottery.virtualave.net/
    > http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
    > http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm
    > http://www.workpermit.com
    >
    > This is not an endorsement of any of these Web sites. I am not affiliated with any
    > of the Web site owners and do not receive nor accept payment in return for listing
    > them, and typically don't even know them.
    >
    > (if believe you have a good immigration-related Web site and want your Web site
    > listed here, please e-mail me).
 
Old May 14th 2002, 7:43 am
  #6  
Concierge
 
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Default Re: AOS question

To put it even more simply, if you have lived in the household you are qualified to include your income on the I-864 you need to file with your wife at the time of applying for AOS. It is a no brainer and clearly states such on the I-864.

Rete
Rete is offline  
Old May 14th 2002, 12:20 pm
  #7  
Kernowzx2
Guest
 
Posts: n/a
Default Re: AOS question

Thanks for all the info folks!

Upon researching the various resources that Shelley sent me I did find the info I was
looking for (namely the living with spouse for more than 6 months clause)

And no luckily I wont be under the auspices of Portland Service Center! So hopefully
NY will be more 'understanding'!!

Might be a good idea to get an Immigration Lawyer methinks just to be on the
safe side!

Thanks again everybody! Onen Hag Oll!!

Steve et al

"kernowzx2" <[email protected]> wrote in message
news:[email protected]...
    > Hi group!
    >
    > I'm here on an H1-B visa (expires 2004) and am a UK Citizen. I am hoping
to
    > go the GC route ASAP.
    >
    > I Married a US citizen last April and we have a 7 month old daughter together who
    > is also a US citizen.
    >
    > Ok my question to the group is about the AOS, as the rest seems quite
    > straightforward;
    >
    > AOS requires that the non US citizen needs someone to sponsor them and
they
    > need to be at or above the 125% the poverty level.
    >
    > My Wife doesn't work as she is looking after our baby, and we have no intention of
    > her working until Jenna is at school
    >
    > So despite my income being infinitely more than the 125% poverty level I can't
    > sponsor myself.... Or can I? By next April I will have 3 nice W-2 returns that will
    > detail my income.
    >
    > So Oh Wise denizens of the group how do we fulfill the AOS requirements??
    >
    > Sorry if this is posted to the wrong group, but the visa.us.marriage based seemed
    > full of K-1 enquiries!
    >
    > Thanks!
    >
    > Steve, Kathe, and Jenna!
 

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