Ah-jua

Hi Matt and others on the list:


We just rec'd our I-130 approval in the mail today (5-16-04) (applied
for in Sept. 2002).

I am the Am. Citizen, wife. My husband is the spouse-immigrant.

We only have 2 years of provable, sufficient, above poverty level
income (2002 and 2003). I was a full-time student in 2001.

So I am worried we won't be approved for the I-485, Adj. of Status.

Q's:

1. How long can we wait to file for Adj. of Status, can we wait until
12-31-04????

2. If we go now, and are denied, what happens next?

3. Is there a chance we won't get denied?

4. Do you have any idea how long my husband can stay in the States on
the basis of his approved marriage visa, without an approved adj. of
status?



Thanks for your help.

(Also posting on the google news group)

-Adjua (Sue)
svr@(no-spam)ladysword.com

Rete

Please do NOT address your posts to anyone person in particular and particularly do NOT address your posts to either one of the two attorneys who frequent the newsgroup. They are attornies, but not your attorney, tend to not answer posts that are directly addressed to them.

Why do you have to wait? The fact that your first year is unsufficient will not cause your AOS to be rejected. In fact, by the time you are granted an AOS interview you might have two or three more years of income tax returns to add to the pile. Some areas of the country will take two or more years to adjudicate a petition.

andrea874

this confused me...
the i-864 says that if you make enough money, you MAY NOT have a joint sponser. with the situation we are in right now, my husband just got out of school this year. for the past 3 years he has made between 90 and 100% of the poverty standards. however, now that hes out of school and an architect, he will be making WELL over the necessary amount of money. however, at the time of filing the i-485 (now), like i mentioned, hes below. i believe we have to file the affidavit of support at the same time that we file that. soooo, do we file with a joint sponser or not? i'm guessing still yes, correct?

Rete

It surely doesn't hurt to have one but USCIS normally accepts the I-864 at the time of filing if your present income meets or exceeds the requirement. The I-864, I believe, is not enforceable until the AOS interview has been successfully adjudicated so at the time of the interview you are able to include a new I-864 and take back the co-sponsors.

Rete

andrea874

Thank you, sir

I asked this in another topic but I'm going to ask it again in hopes of finding an answer... Do you know if co-sponsers must be US RESIDENTS? They obviously have to be citizens, but can they be residents of another country (Canada)? They obviously would not have filed their taxes with the IRS, but if they include the equivilant Canadian forms, would this work? The reason I ask is that my mother is an American citizen. She has never lived or worked in the US (she got her citizenship because her parents are American - she was born in Canada). It would be easier to have them as co-sponsers than my husbands parents. I noticed that all the form asks for is a copy of their passport, so does that mean that ANY American citizen can do it, or do they have to actually have a history of US work and residence?

Rete

Rete is a nickname for Rita. My husband would be more than a wee bit upset if my genitals didn't prove my female gender ;-)

A co-sponsor must be a permanent resident of the US or a USC.

Rete

andrea874

Haha, oops. My apologies.

Ok... a permanent resident, OR a USC.. So they can be a USC who has always lived abroad? (just trying to clarify..)

Folinskyinla

Hi:

In order to execute an I-864, the person must be RESIDENT in the US and must be a US national [citizen or non-citizen national], lawful permanent resident, or an asylee.

This now creates problems when the PETITIONER US Citizen parent lives abroad-- it used to be that the sons/daughters could immigrate -- no longer possible unelss parents willing to come to US to take up residence.

andrea874

Thank you sir