AOS misc questions

[mmpv]

While we are on the AOS topic, here's some misc topics.

 

For the I-864, they require the current year tax form and supporting docs and suggest having previous years as well. Are they really needed because we already submitted all of that with the I-134 during the interview at GUZ. I noticed these were included in the sealed packet that was ripped apart at the POE. Do our files make it back to USCIS in Chicago or wherever they are processing the AOS files?

 

On the topic of I-864, transcripts are not available for 2009 yet. So we'll have to send in the tax form as well as support docs (W2 and 1099s). We'll also send in bank statements, etc. It seemed GUZ didn't mind that sensitive data (like account numbers, etc.) were redacted from the support docs. Does USCIS take a similar approach or do they expect un-altered docs?

 

As I was reading the I-131 instructions today, there was clear language warning about being out of status (more than 180 days) and the consequences. What exactly are the consequences of going past the (90 days) expiration date on the I-94 before filing the AOS docs (but filing before 180 days past the expiration date)? Will the spouse be subject to any real danger if we filed on day 91 or a couple of weeks later than that? I've found various discussions on the matter, but haven't found any solid sources that point to something definitive.

Are there any USCIS docs that talk about this?

[Randy W]

The green card is entirely optional - she would have a leg up on all the other aliens illegally in this country by virtue of the fact that she entered legally.

 

There is no deadline for filing for AOS. By not doing so, she will most likely fly beneath the radar of the USCIS and not be noticed (my guess).

 

On the other hand, if she WANTS a green card, it's best to follow directions and provide the requested paperwork, so someone won't have to go hunting through her file for something which may or may not be there.

 

If she DOES file for AOS, she may be questioned if she delayed beyond a reasonable period of time (6 months to a year), and even denied on that basis. Then, if she doesn't leave the country voluntarily, the case would be turned over to the DHS enforcement branch, ICE. She would get a court hearing, and might be allowed to adjust status anyway.

 

Basically, you're looking at court proceedings with the ultimate outcome up to the judge.

Edited April 26, 2010 by Randy W (see edit history)

[dnoblett]

I-134 is for showing how a NON-Immigrant will be supported while they are a NON-Immigrant. I-864 is for sponsoring an IMMIGRANT, filing an I-485 is adjusting status from NON-Immigrant to IMMIGRANT, so it REQUIRES a sponsor, and in the case of a spouse, the US Citizen (The person who filed the visa petition) MUST be sponsor, and must provide an I-864. (No I-864, NO Green-card).

 

For the I-864 if your income is more than 125% poverty-line, then don't bother sending bank statements. (I-864 specifies (copies of IRS returns, copies of recent pay stubs, and a letter from employer.))

 

In our case I used I-864EZ instead, I was; Not using assets (Bank Statements), Not using a Joint sponsor, and was sponsoring one immigrant my wife.

 

180 days out of status causes a bar to be placed on re-entry, eventually so traveling with AP may be a problem when trying to return to the USA with a more than 180 day overstay, the POE may refuse re-entry.

[mmpv]

For the I-864 if your income is more than 125% poverty-line, then don't bother sending bank statements. (I-864 specifies (copies of IRS returns, copies of recent pay stubs, and a letter from employer.))

 

In our case I used I-864EZ instead, I was; Not using assets (Bank Statements), Not using a Joint sponsor, and was sponsoring one immigrant my wife.

 

Good tip. They don't make it easy for you to figure out if I-864EZ is a viable option, do they? They only mentioned I-130 as a pre-req on page 1 of the instructions, but they do qualify I-129F on page 3.

 

By the way, both I-864 and I-864EZ require 1099 forms to be submitted with the current year tax form. Can you redact account numbers from those before submission?

 

I-134 is for showing how a NON-Immigrant will be supported while they are a NON-Immigrant. I-864 is for sponsoring an IMMIGRANT, filing an I-485 is adjusting status from NON-Immigrant to IMMIGRANT, so it REQUIRES a sponsor, and in the case of a spouse, the US Citizen (The person who filed the visa petition) MUST be sponsor, and must provide an I-864. (No I-864, NO Green-card).

 

Yeah, we are planning on submitting an I-864. The I-864/I-864EZ forms suggest submitting tax transcripts for the last couple of years as well. Since we already provided those during the the interview process, and I noticed they were included as part of the sealed packet they inspected and kept during the POE processing, We were wondering if USCIS will have access to that packet of info during AOS processing. If they do have access to those, then we won't bother with requesting those tax transcripts again.

 

180 days out of status causes a bar to be placed on re-entry, eventually so traveling with AP may be a problem when trying to return to the USA with a more than 180 day overstay, the POE may refuse re-entry.

 

When does the "out of status" officially begin? Is it right after the I-94 expires?

Edited April 27, 2010 by mmpv (see edit history)

[mmpv]

The green card is entirely optional - she would have a leg up on all the other aliens illegally in this country by virtue of the fact that she entered legally.

 

There is no deadline for filing for AOS. By not doing so, she will most likely fly beneath the radar of the USCIS and not be noticed (my guess).

 

On the other hand, if she WANTS a green card, it's best to follow directions and provide the requested paperwork, so someone won't have to go hunting through her file for something which may or may not be there.

 

If she DOES file for AOS, she may be questioned if she delayed beyond a reasonable period of time (6 months to a year), and even denied on that basis. Then, if she doesn't leave the country voluntarily, the case would be turned over to the DHS enforcement branch, ICE. She would get a court hearing, and might be allowed to adjust status anyway.

 

Basically, you're looking at court proceedings with the ultimate outcome up to the judge.

 

Thanks. Then filing anywhere in the period of "0-6" months past the I-94 expiration should be all right as long as we stay away from Arizona.

[Randy W]

What you need to do is file your I-485. No hurry, just fill it out and mail it in.

 

As long as you can be seen as making a reasonable effort to do that, you won't have any problems with being in or out of status.

 

To whatever degree you want to push the envelope, you're on your own. Neither us nor the USCIS can help you there.

 

If you have a reason for doing that, make sure it's a good one. Hopefully, your immigrations officer will be willing to listen.

[dnoblett]

For the I-864 if your income is more than 125% poverty-line, then don't bother sending bank statements. (I-864 specifies (copies of IRS returns, copies of recent pay stubs, and a letter from employer.))

 

In our case I used I-864EZ instead, I was; Not using assets (Bank Statements), Not using a Joint sponsor, and was sponsoring one immigrant my wife.

 

Good tip. They don't make it easy for you to figure out if I-864EZ is a viable option, do they? They only mentioned I-130 as a pre-req on page 1 of the instructions, but they do qualify I-129F on page 3.

 

By the way, both I-864 and I-864EZ require 1099 forms to be submitted with the current year tax form. Can you redact account numbers from those before submission?

 

I-134 is for showing how a NON-Immigrant will be supported while they are a NON-Immigrant. I-864 is for sponsoring an IMMIGRANT, filing an I-485 is adjusting status from NON-Immigrant to IMMIGRANT, so it REQUIRES a sponsor, and in the case of a spouse, the US Citizen (The person who filed the visa petition) MUST be sponsor, and must provide an I-864. (No I-864, NO Green-card).

 

Yeah, we are planning on submitting an I-864. The I-864/I-864EZ forms suggest submitting tax transcripts for the last couple of years as well. Since we already provided those during the the interview process, and I noticed they were included as part of the sealed packet they inspected and kept during the POE processing, We were wondering if USCIS will have access to that packet of info during AOS processing. If they do have access to those, then we won't bother with requesting those tax transcripts again.

 

180 days out of status causes a bar to be placed on re-entry, eventually so traveling with AP may be a problem when trying to return to the USA with a more than 180 day overstay, the POE may refuse re-entry.

 

When does the "out of status" officially begin? Is it right after the I-94 expires?

Out of status begins when I-94 expires.

 

You can blank out account numbers, just be prepared if they ask you to send them another.

[hct]

 

On the topic of I-864, transcripts are not available for 2009 yet. So we'll have to send in the tax form as well as support docs (W2 and 1099s).

 

 

Is a tax transcript preferable to the uscis over a copy of the 1040 and w2s? preferable meaning it be more believable and minimize the chances of an interview or rfe?

 

how long does it take for the current tax year to be available in transcript form? I filed on April 15.

[Randy W]

 

On the topic of I-864, transcripts are not available for 2009 yet. So we'll have to send in the tax form as well as support docs (W2 and 1099s).

 

 

Is a tax transcript preferable to the uscis over a copy of the 1040 and w2s? preferable meaning it be more believable and minimize the chances of an interview or rfe?

 

how long does it take for the current tax year to be available in transcript form? I filed on April 15.

 

 

No one can really tell you that - its basically a myth that is repeated often. The tax transcripts and returns carry the same information. It is unlikely that one would give you an advantage over the other, although some find the tax transcripts more convenient.

[dnoblett]

 

On the topic of I-864, transcripts are not available for 2009 yet. So we'll have to send in the tax form as well as support docs (W2 and 1099s).

 

 

Is a tax transcript preferable to the uscis over a copy of the 1040 and w2s? preferable meaning it be more believable and minimize the chances of an interview or rfe?

 

how long does it take for the current tax year to be available in transcript form? I filed on April 15.

 

 

No one can really tell you that - its basically a myth that is repeated often. The tax transcripts and returns carry the same information. It is unlikely that one would give you an advantage over the other, although some find the tax transcripts more convenient.

Exactly, all the I-864 instructions say is don't bother sending copy of return (1040+W2+1099) if you are sending a transcript from same year.

 

In our case for AOS I sent transcripts for 2004,2005 (The ones used with I-134 for visa) and a photo copy of our return for 2006 due to AOS being filed shortly after filing our tax return for 2006.