Paul Bradford

Hey Guys, its been a little while since I last wrote. I managed to sort my situation out in regards to needing a sponsor and such. I sent off the application paper work along with the $1010 fee.

Monday 30th March I received 3 reciepts (I-797C)

- I-765
- I-485
- I-131

The first two are pretty much identical, stating that I would receive an appointment soon for the biometrics interview which I presume it Photos and finger prints.

The last says it can take 60-90 days but Im not so worried about this one.

How long should it take to receive the interview and where would it take place. I send my paper to California so does that mean Im going to have to go there or would it be somewhere local to me?

This ones a bit more complicated:

My Wife, whom I stay with (as a non-resident of the US I dont have an official fixed address, right?) is on welfare ie food stamps. What she's worried about is because Ive been staying here, once my status becomes 'permanent' and they decide that Ive been here now for 3yrs will we have to pay back any of the welfare that shes received over this time?

I dont work, Ive never claimed benefit from the US and Ive survived on either my own savings or the bank of 'Dad'. Other than that I eat the food my wife has and drink their drinks....

This is just a concern that we will face, IF I manage to go to the next step the AOS Interview.

Thank you in advance for your help

Paul

meauxna

hi there,

Why & where did you send your papers to "California"? A: Never mind, you sent your I-130 only to the California Service Center.. you are done with that now.
You can look up what your Local Office here: https://egov.uscis.gov/crisgwi/go?ac...office_type=LO
And your ASC (biometrics office) here: https://egov.uscis.gov/crisgwi/go?ac...ffice_type=ASC

The biometrics appointment is not an interview; you can read plenty of experience posts here to know what to expect.

Food stamps is not the same as 'welfare', and I suspect the answer to your Q will depend on what household size etc your wife listed in her application. She is certainly entitled to them, tho you are not.


EDIT: in review of your past threads, you have overstayed a significant amount of time & were told that applying for I-131/Advance Parole was not a good idea. Please know that if you use that travel document, you will earn a 10 year ban on returning to the US. You should not travel until you have a Green Card.

jeffreyhy

PB,

There's a difference between being resident in the USA and being a Permanent Resicent of the USA. Although you may not be the latter you are the former, otherwise you couldn't submit an I-485.

Regards, JEff

Paul Bradford

I dont intend to travel outside of the US until the entire paperwork is signed off.

As for the resident status, my wife has both Food Stamps and Health insurance (Access) both these require her to list the residents of her house hold (though the house is owned by her father) she dosnt list me as being here because legally Im not a resident of the US.

Are we doing this all wrong?

In addition is this going to cause issues at the AOS Interview?

meauxna

If you spend 183 days in the US, the IRS considers you a resident.
If you spend more than 30 days in most states, they consider you a resident.

You are a resident of the US, just not a Permanent Resident.

I don't know the answer to your questions about the food stamps and health insurance, but I know that USCs are allowed to get those things, even if they have a non-USC living in the house.
You yourself are not eligible to apply for them, and I think you're not supposed to 'benefit' from them directly.

Paul Bradford

see this is where the real concern comes from,

I mean I guess to a degree I do benefit from them as I do eat the food in the house, but shes only getting the food stamps shes entitled to based on the people that are in her house minus 1

Noorah101

My layman's opinion is that your wife should adjust her application for benefits and include you as a resident in her home. After all, you are married, you live there, and now you have applied for permanent residency. You are a resident. Yes, you are benefiting from what she gets, but in my opinion, it's much better to be honest with the government and list you as a resident in her home.

Rene

meauxna

Maybe better, she should ask her case worker where she applies?

Noorah101

Absolutely!

Paul Bradford

OK so today I had the Biometric appointment and I had my photo taken and my fingerprints done I guess thats all that is right?

Now I got 4 yellow letters in the mail asking for additional evidence, they want a copy of my Birth certificate and a copy of my passport showing my arrival stamp ( although I did already send this stuff with my initial application)

my next issue/problem is that one of the letters states that my sponsor isnt the petitioner submitted on the initial I-130. This is because my wife is my petitioner but dosnt work, as Ive stated earlier in this thread she lives off her fathers pension. My Sponsor is a friend of mine who has submitted EVERYTHING that was required, including tax stuff, my wife how ever due to not working for the past ten years dosnt have any tax records. Her Dad also hasnt submitted any tax records due to the fact he's been retired for approx. 30yrs.

ian-mstm

You have 3 choices: 1) you can give them all of the extra evidence they request and ask that the new evidence be considered; 2) you can give them some of the extra evidence they request and ask that the new evidence be considered; or 3) you can give them none of the extra evidence they request and ask that they adjudicate based on the evidence they already have.

The only thing you can't do, is ignore the RFE.


With respect, your wife *IS* your sponsor whether or not she qualifies financially. Your friend is merely a joint sponsor. If you indicated on your form that your friend is your sponsor, then that really was a mistake! At any rate, you now have the opportunity to fix that.

Ian

Rete

Regardless of whether your wife works or not or whether she did or didn't file a tax return, she still needs to complete and I-864 as the principal sponsor.

Paul Bradford

Thank you, as my father in law is also a member of the household he'll need to also right? As we dont have any tax records we cant submit any, should I add a note when I send the forms off?

Folinskyinla

Hi:

OK, you admit that you already gave them some of the stuff -- I recommend you give it again.

You also admit that you made an error in not putting your wife's I-864 because it was not sufficient. Take care of it.

Noorah101

Your wife needs to do an I-864 even if she doesn't have any income. Include a note as to why she does not have tax returns to show.

Why are you including her father's income here? Does he qualify to be a contributing household member, by earning enough to meet the income requirements on the I-864? If he does, why do you have a separate friend being a Joint Sponsor?

If her dad meets the income requirements, he will fill out an I-864A as a contributing household member, and you don't need your friend to be a Joint Sponsor. But her dad would need to show tax returns....is his income that low to warrant not needing to file a tax return? (if his income is THAT low, then I doubt he qualifies to be a contributing household member...) Just because he is retired does not mean he doesn't need to file tax returns...if his income is high enough, he still needs to.

If her dad does NOT meet the income requirements for the I-864, then he does not need to be a contributing household member, and the separate friend can be the Joint Sponsor.

Rene