AOS filing package

[jillianshea]

What is the name of your state? AL

Hello,

I am sorry to start a new thread but I couldn't find my old one! But great news... The I-94 is being mailed to us now because it was found at a family friends house!!
We are now working on the AOS package (I-130,I-485,I-765,etc.).
On The Affidavit of Support, I am kind of confused.... I do not have a job, I am a Nursing student and am taking an overload this semester and summer, and so on in the fall.... So I have no income but I worked three months last year (earned about $1000). My dad or mom is going to be my co-sponsor and they have good jobs.

Question 1) Must I have some income?

Question 2) Can my mom and dad both file Affidavit on the same form if they filed taxes jointly?

Question 3) If question 2 is no, Should my mom do the affidavit (teacher) or my dad (self employed)?

 

[ImmigAttyLana]

That's great news about finding the I-94 copy. You are that much further ahead.

You do not need to have any income but you, as the petitioner, still need to complete the affidavit of support even if you have no income.

Your parents do not need to both submit the affidavit of support; one would suffice. Which one does not really matter as long as each one's income would qualify on its own. It might be easier to use the parent who is not self-employed so that the paperwork is more straightforward but if that parent's income is not sufficient, then the self-employed parent can do it and provide sufficient proof of the self-employment income.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[evcalyptos]

What Lana said--great news!

Question 1) Must I have some income?

Question 2) Can my mom and dad both file Affidavit on the same form if they filed taxes jointly?

Question 3) If question 2 is no, Should my mom do the affidavit (teacher) or my dad (self employed)?

1- No
2- Yes
3- If they file taxes together (jointly) it's probably easier to just keep them together. Study the I-864 a bit; it can be difficult. I always recommend that you order the tax transcripts from the IRS (free & order them on the phone) especially with a self-employed sponsor. You need to include Schedule C etc.. the entire tax return -OR- the transcript.

If they file jointly, and only one parent is a sponsor, you need to back out the income that is not being used.
Look into form I-864A for using both party's income.

 

[jillianshea]

THANK YOU BOTH! My mom will do the co-sponsor then since she is a teacher....

1) So do I just write $0 on annual income?
2)Could I include the $40 dollars a week I get for cleaning my parents' house lol?
3) Whats the income that we will need for a house of 5 in AL?

Thanks so much for the help! We're young so we really need it.....

 

[ImmigAttyLana]

It does not matter where in the US you reside since these are FEDERAL poverty guidelines and you can check the requisite amount of income on the instructions to the I-864.

 

[jillianshea]

ok... so if my mom gives me $40 a week for cleaning house, I can write that down and get my mom to write a letter stating that she pays me that (like an employer letter)

 

[ImmigAttyLana]

Yes, if she actually does pay you you can do that, but it is not really necessary as you can just have a co-sponsor without you having any income.

 

[jillianshea]

Thanks Lana, You're great!

Ok well I just won't bother with the $40, I really do get paid that though. So do I just write $0 on my affidavit? Should I include my bank statement (I have one single and one with my husband) Or should I just put NO INCOME leave it at that, sign and oath it, and let my mom do the co-sponsoring (makes plenty)...

Question #2: I am worried about documents to prove bona fide marriage because I'm young in college, and no job..... We have a joint bank account and I have his last name on my social security card and license, we have letters to and from each other copied, double movie tickets copied, and pictures from high school Junior year to graduation, pics with family and right before we went ot the courthouse to get married. What else????? Is this enough?

 

[ImmigAttyLana]

Bank statement is not going to help you unless there is sufficient funds there to qualify on the basis of assets.

You don't have to submit any proof of the bona fides of your marriage with the petition. That's done at the time of your interview, so you will have some time to gather all that documentation in time for the interview.

 

[evcalyptos]

Ok well I just won't bother with the $40, I really do get paid that though. So do I just write $0 on my affidavit? Should I include my bank statement (I have one single and one with my husband) Or should I just put NO INCOME leave it at that, sign and oath it, and let my mom do the co-sponsoring (makes plenty)...

Question #2: I am worried about documents to prove bona fide marriage because I'm young in college, and no job..... We have a joint bank account and I have his last name on my social security card and license, we have letters to and from each other copied, double movie tickets copied, and pictures from high school Junior year to graduation, pics with family and right before we went ot the courthouse to get married. What else????? Is this enough?

#1--I don't know what you and your mom are doing about taxes, but $40 X 52 = $2080, making your housework a reportable event. You might want to 'recalculate' your earnings and follow Lana's suggestion.
It's OK to have 'zero' on your income. I did, for my I-864, and satisfied it other ways.

Do you live together? What evidence do you have of that? Get mail at the same address (even if only in one name?). NAy school or insurance documents that list each other?
Newly weds will have fewer documents than long-marrieds--use what you have that is truthful and relevant to YOUR living situation.

 

[jillianshea]

Yes we live together with my parents right now until we finish school. We should start getting the little mail we do get like bank statements and maybe something from the school we go to also to the same address now. Other than that, my parents supply everything so there's no bills,etc. We're gonna get some savings bonds from our bank together.....

Would an affidavit or letter from my parents saying we live there be good?

And I was gonna copy all the stuff we have together to give them like tons of movie tickets, and copies of cards and letters to each other, and we have lots of copies of pages from our high school yearbooks where we're pictured together. We will probably get some health insurance together maybe, but I've got insurance now through my mom's job so that would be a rather expensive route to change.

Is that good enough? Or will they deny us? I DON'T want that to happen just because we're young and we don't have much to show for our marriage.

 

[ImmigAttyLana]

I just explained to you that you don't have to submit any of that paperwork with the packet; this is done at the time of the interview and by that time, you should have sufficient time to start gathering all the necessary supporting documentation of your bona fide relationship.

 

[jillianshea]

Ok... I was going by this**************

Note: Evidence of a Bonifide Marriage
The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:
1. Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financialresources; or
4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or
6. Any other relevant documentation to establish that thereis an ongoing marital union.

 

[jillianshea]

Do I submit regular copies or do I have to submit "certified" copies of birth certificate, marriage certificate, etc.? And what is meant by "certified", like a notary public?

 

[evcalyptos]

Do I submit regular copies or do I have to submit "certified" copies of birth certificate, marriage certificate, etc.? And what is meant by "certified", like a notary public?

As a general rule of thumb for immigration submissions:

Submit only original copies of FORMS, with original signatures.
Retain a photo copy for your own records. (ALWAYS! I mean it!)

Submit regular photocopies of EVIDENCE, retaining a photocopy for yourself. Retain the "original" for the interviews.

A 'certified copy' is what you will often call an 'original'. For example, a birth certificate, or marriage certificate 'original' will always be the one that the government holds on to. What you get is a 'certified copy'.
All of that is nothing to do with a Notary Public. A Notary can witness you signing a document and testify that she checked your ID and that it was really you who signed in front of her.