mica2512

Hey there,

I am seeking help with a few questions regarding the forms mentioned in the title. Some facts about me:
*I am a Hungarian citizen and married to a USC in January 2008, we are in the process of filling out the papers to apply to the conditional residency.
*Arrived on a J-1 visa (no 2 year ban) and currently on a F-1 visa
*I have an EAD (Optional Practical Training) that expires end of May 2008
*No overstays
*living in Boston, MA

1. I-130 question 22: which USCIS office shall i write here? Boston, MA or the Chicago lockbox that i will have to send my application to?

2. I-485 Part 2: I am not sure which letter to check. (definitely not c-g or i-j)
Part 3: which one is the nonimmigrant visa number on my visa? The control number or the red number?

3. I-765 question 16. Is eligibility (c) (9) correct? I was already in the USA when i got married, and none of the others look right for me.

4. I-864: My husband did not earn enough money in 2007 to qualify as my sponsor due to unemployment. He has a permanent job since the summer 2007. We do not have anybody who could be a joint sponsor. Would it be ok if he got a letter of employment from his current job including his present salary? This year he will earn enough money to sponsor me.

Also, almost all forms ask for an "A" number. Since i have my temporary EAD for my OPT, shall i use that A number?

Thank you for your help!
Best,
Mica

Noorah101

I believe they are looking for the local district office where you will be having your interview. Probably Boston.

You will check (a.) because the accompanying I-130 is the immigrant petition which gives you an immediate visa number available.

It doesn't matter which one you put here. You will enclose a photocopy of your visa and they can see for themselves both numbers.

Yes.

The I-864 is based on *current* income, so yes, have him enclose a current letter from his employer, and a few recent pay stubs.

"A "number refers to Alien Registration Number. I am not sure if what you got for your OPT is an alient registration number or not. Hopefully someone else will know this one.

Best Wishes,
Rene

Folinskyinla

Hi:

Rene already gave you the answers.

I-130 question #22 is actually obsolete. It is one of those vestigial hold overs from the past. Believe it or not, the idea of concurrent filing only came into existence about 30 years ago. Since you are filing concurrently, it really doesn't make a difference where you put in there. Boston won't hurt, but you might as well put in "National Benefits Center" since that is where you are sending the adjustment in any case.

The OPT A numbers have been a pain in the ass. Put it in because that is what you have -- however, don't be surprised if you get assigned a new "A" number. And then when you go to apply for naturalization, make sure to disclose BOTH "A" numbers.

Shana131

Regarding the I-864, every case is different and every IO is different, but I got married in 2007 and they were interested in the 2006 income, not the 2007 or even the 2008, which is when we had our AOS interview, which makes no sense at all, I know, but USCIS often makes no, or little, sense.

I have an Employment Contract that's quite a bit above the required amount and runs until 2022, which took effect in 2007, but we still had to get a Joint Sponsor. In addition, I had way over the required income each year from 2001 through the present, but because it comes from a foreign employer, we had to get a Joint Sponsor. That's hard, I know, if you don't have family members willing to do it and who qualify. My husband has a friend who became his Joint Sponsor. We were lucky.

Since you got married in 2008, they'll be looking at the 2007 income and tax returns. You'd think they'd look at 2008 income since that is what's "current." At any rate, your husband has to list his income for the past three years even though he only has to attach a photocopy of his most recent 1040 and W2.

The letter from his employer can't hurt and it can only strengthen your case, but be prepared. I was shocked that we had to get a Joint Sponsor as my income was so high, but we did. But, as I said, every case is different and the IO and DD look at many different factors.

Good luck.

ian-mstm

Your husband *is* your sponsor... whether he qualifies financially or not.

Ian

Shana131

Don't you think she meant "only sponsor?" I'm my husband's sponsor, but he also has Joint Sponsor. And I really owe that Joint Sponsor a debt of gratitude for the rest of my life.

Based on my experience and USCIS law, I think they might require a Joint Sponsor. I had plenty of income, and even if they counted it as an "asset," I had more than three times the 125% over-the-Federal-poverty-level, but we still had to get a Joint Sponsor. I suppose I could have fought it out, but with a Joint Sponsor, it wasn't worth it. Better to just give them what they want.

ian-mstm

No, I don't. While I understand why you'd suggest that (since she asked about the I-864), my response was geared to what she actually said... not my interpretation of what she said. Many people assume that their USC spouse can not sponsor them because they don't make enough money... my point is that the USC spouse *must* be the sponsor even if they don't qualify financially.

Ian

ian-mstm

Quote:

Originally Posted by Shana131

At any rate, your husband has to list his income for the past three years even though he only has to attach a photocopy of his most recent 1040 and W2.

I'd also like to add that while it's probably a good idea, if you file prior to April 15, 2008 you are not required to submit your 2007 tax return. It seems a bit counter-intuitive, but sometimes it's good to have two different sets of government departments and rules.

Ian

Shana131

I think they just confuse people with "most recent" and "current." "Most recent" could be last year or even the year before, etc., but "current," at least to me, means "now." But oh, well, I can't change the wording on the forms. I have to "go with the flow." It confuses me at times, I'll admit it.

Even the USCIS has said they need a new I-864 with a box to check if people did not have a duty to file a US tax return, but for now, those of us who didn't just have to write an explanatory letter and send in supporting documents.

ian-mstm

USCIS seems to be the master of confusion. Personally, I'd like to think the confusion isn't deliberate... but so far there's been no evidence to the contrary!

Ian

Folinskyinla

Hi:

I think CIS made a mistake in your case. I've had adjustments where there were NO prior tax returns and NO income in the preceding years -- usually involved new college grads -- but they obtained wonderful job's just after graduation.

mica2512

Thank you so much for your help guys! I really appreciate it!

I will try to pull off filing the tax returns of 2004, 2005 and 2006, and will submit a letter of employment along with his most recent pay stubs. In these years he had earned plenty over the 125% of the poverty level. If they want the 2007's tax return i guess i will ask a friend to be his joint sponsor.

Have a great weekend!
Mica

Noorah101

For AOS, only the most recent tax return is necessary, which as of today would be the tax return for year 2006.

Also, at your AOS interview, they will probably ask for your most recent tax return as of THAT date...which will then be 2007. So just be prepared that you STILL might need a joint sponsor, at the time of your interview.

Rene

mica2512

Thank you Rene! I checked the instructions and you are absolutely right, i only need the tax return for 2006.

Shana131

Thank you for your response. I think they made a mistake, too, as both my husband and I have jobs and together make enough to sponsor a houseful of immigrants, though of course, my husband isn't a US citizen or even a LPR yet. But he does have his EAD and he is working as I am.

I sent USCIS a pound of additional documentation, including three years of monthly wire transfers, the relevant IRS code stating the income was non-taxable, etc., and even contacted both of my senators. I received a letter today from one of the senators, who contacted the USCIS and they said the case is "pending," and we should receive a decision in thrity to forty-five days, however, during the interim, we did find a Joint Sponsor and sent in his I-864 and documentation. It seemed easier to go that route as long as a Joint Sponsor could be found.

I called the senators' offices and told them it probably wasn't necessary to contact USCIS at the moment, as a Joint Sponsor was all they seemed to want, and one had been found, but I guess this senator's office called anyway. From the date on the letter, it seems the senator's office's call to the USCIS and receipt of the Joint Sponsor's paper work crossed in the mail. So, I'm hoping the DD will now approve the paper work as the IO did.

Thank you again for the information.