Jake

My wife is a Japanese girl who has been in Hawaii for 4 years and she's
been in Seattle for one and we have known each other for a year and a
half. We just got married in July. She is working here on an OPT visa
(from her student visa for the previous 4). So her OPT expires in Jan.
and we got married in July. I am starting work on her green card
papers but we have don't have enough money for a lawyer yet to help us.
I have a cosponsor, who is the owner of a small company(I only made
enough money to support myself and go visit her, and I take care of my
parents somewhat, but I live with them. Yet now I have enough money
to support her, but my tax returns for the previous years don't reflect
it, because my financial adjustment from part time to full time was
last febuary.) Do you think I need a lawyer. I think I do. Another
question is can I claim her new family name as my own, even though her
new SS card has not come in to reflect it?

AdobePinon

I'm not 100% sure here, but I believe that the joint sponsor has to file tax documents too. In this case, those documents should show that he has enough income to support everyone necessary - the fact that your income alone doesn't meet the requirements then becomes moot (but you still have to file all the stuff). Note that you may also be able to include her income on your I-864.

As for lawyers, it's hard to say. If there are no nasty complications (such as her ever being out of status, denied visas, tossed in jail), you may not need a lawyer. You could always do what I did - fill out everything yourself, and pay for a one-time consultation with a lawyer to go through the paperwork with you and make sure it's all in order - a one time consult is not expensive.

hcj1440

Do you need a lawyer -- totally up to you. Plenty of people file on their own each year and do just fine. A lawyer provides peace of mind and requires less effort and learning curve on your part. I personally equate the difficulty of the paperwork to having to file your taxes by hand, complete with itemized deductions, without TurboTax software. It's quite possible to do, but you have to be willing to read cryptic instructions, have some feelings of anxiety and uncertainty, do some research, and be able to follow instructions well. There is nothing in what you have mentioned so far that would cause me to conclude you NEED a lawyer, but of course I am only a layperson.

If she intends to take your last name then you should fill out all the paperwork with her "married" name, despite the fact that social security has not yet been updated.

Re: affidavit of support -- current income must meet the 125% guideline, and you must submit the most recent year of tax returns (not three years). That does not necessarily mean your past tax return has to meet the 125% guideline.

Folinskyinla

Hi:

Do you "need" a lawyer? That is up to you and perhaps the facts of the case.

However, one point -- a lot of people make the error that their last tax return must show ability to meet support guidelens -- not necessarily true. It is possible to have CURRENT earnings show that along with a reasonable explanation.

For example -- brand new college graduate gets married in June -- he has NEVER filed a tax return because of no earnings while in school. Gets that first job and can show level of pay. I've represented people in this circumstance -- no problem.

Also, if you have been living together for six months, HER income can be used.

Jake

Ya know, no one ever told me she could use her income. I always
thought I could only use my income alone. Her job just started, she
had a prior job for a few months though. Not much, just part time
stuff.

But Iit may be hard to do with since here in America there is an
independant contractor thing were I wortk and put back my own tax money.

meauxna

It seems the new I-864 has eliminated the '6 months' rule and for spouses, even the living together part. The new form instructions read:

What If I Cannot Meet the Income Requirements?

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes alawful permanent resident.

(more)
http://www.uscis.gov/graphics/formsf...iles/I-864.pdf

bionomique

The I-864 is submitted prior to LPR being approved, right? I'm a bit puzzled. While I think I understand what is implied in that statement (foreign income *might* cease if and when an intending immigrant relocates to the USA for permanent residency, immediately comes to mind), but in the case of an immigrant being in the USA already with work privileges and filing the AOS package, how could anyone be able to know with any certainty that one's source of income will come from the same source at a point in the future, as in when LPR is received? Am I making this more complex than it really is ?

meauxna

Of course you are, darling.
Doesn't income come from the bank? That's where I take out all the money!

Rete

Yes you are, sweetie.

How does the USC know that their income will be coming from the same source. At the time of the completion of the form, they are employed and earning an income. They don't foresee losing a job, therefore, they can truthfully same that is where their income is to be dervied from in the future.

bionomique

Duh! Brain fart, or over-analysing, I guess. But... meauxna, you be sure to pay the IRS from the 'income' derived from the bank source, ok?

Jake

Hmm...under the Biographic information form it asks where the marriage
took place. It took place at my residence, do I say city or country or
"my residence"?

AdobePinon

Whatever it says on your marriage certificate is probably the best choice.

Jake

it pretty much just says county it look place but not sure what to
really put, but i'll call someone who should know tomorrow.
AdobePinon wrote:
    > > Hmm...under the Biographic information form it asks where the marriage
    > > took place. It took place at my residence, do I say city or country
    > > or
    > > "my residence"?
    > Whatever it says on your marriage certificate is probably the
    > best choice.
    >
    > --
    > Posted via http://britishexpats.com

Noorah101

City, State, USA should be fine.

Rene

Jake

we both do biographical information correct how about on mine do i sign
in the small box at the bottom of the page..it says "applicant be sure
to put your name and laien registration number" on mine i just write
my name right?
Noorah101 wrote:
    > > it pretty much just says county it look place but not sure what to
    > > really put, but i'll call someone who should know tomorrow.
    > > AdobePinon wrote:
    > > > > Hmm...under the Biographic information form it asks where the
    > > > > marriage
    > > > > took place. It took place at my residence, do I say city or
    > > > > country
    > > > > or
    > > > > "my residence"?
    > > > Whatever it says on your marriage certificate is probably the
    > > > best choice.
    > > >
    > > > --
    > > > Posted via http://britishexpats.com
    > City, State, USA should be fine.
    >
    > Rene
    >
    > --
    > Posted via http://britishexpats.com