Some confusion while I'm trying to figure out how to adjust my husband's status

[sahd0w]

So, here's the breakdown. I married my husband last October (I am a US citizen, he is from Europe), and he has some special circumstances that are making his paperwork more complicated. Advice is greatly appreciated!
So first of all, my husband is "out of status" in America. He was brought here by his aunt when he was 17, and she had promised his parents that she would take care of all his adjustment papers before he was 18. Unfortunately, this woman basically abandoned him, and never did anything she had promised his family. He has been here for 4 years now, making his own way. Obviously, his status here is illegal, but he did come here legally, and has a stamp in his passport.
Anyway, I met him early last year and really got close to him. We eventually fell in love and decided to get married. (There is no fraudulent activity here, we really did get married out of our love for one another. I was completely aware of his status from the beginning.)

So here are my questions.
1. When I called USCIS and asked how to adjust his status, they told me I had to include I-131 with his paperwork. He does not need to and cannot leave the country right now. Do we still need to send in this form with the adjustment package? I don't think the woman I spoke to was completely knowledgeable about this stuff, because she also told me a few other things I knew weren't true.
2. On his I-485 form, what address should I put as his? He has been living with friends for a few years, and since we got married, we have been living with my parents. (As soon as he gets a work permit, we will be able to afford our own place, and my parents love him dearly and are letting us stay with them temporarily until that works out.) I read on another website that if I put the address he has been staying at here as his "address" (not the last address he lived at outside the US) that may get him into trouble. So I'm not sure what to put here. Should I just leave it blank?
3. Just to verify, the forms he absolutely needs include the following:
-I-485
-I-130
-I-693
-I-864
-I-765
4. As far as the affidavit of support (i-864), I did not make the poverty line for any of the past 3 years. I was in college until the end of 2010, and the two years after that I was only working part-time, so I didn't make the $19k necessary to be able to say I can support him. My parents are also retired, and didn't get a W2 form from last year. Starting THIS year, however, I got a full-time job and should be making well over the poverty limit. How can I show USCIS that I will be able to support him, if I can't prove I made enough money for the past 3 years? I'm really not sure what to do about this particular form.

Thanks in advance!

[wavedom]

1. I-131 is not required.

2. Use the address where he currently lives. The USCIS will use that address for sending confirmations and appointment letters. If you’re planning on moving before the AOS is complete it might be better to do that before you send in the application, just to avoid address changes and potential confusion.

3. I-765 is not required but useful if he wants to work. I-130 and I-485 require G-325A as well.

4. If you already have started to work and make over $19k, it should be fine. My impression is that they care more about what you make now than what you made in the last years, provided that it is a stable job. A lot of people are in a similar situation where they have been in school with almost no income and then get a job when they graduate. If you can get an employment letter and paystubs I think it will work out fine.

[meldy360]

Contribution....
You must have a joint account with him
You must show utility bills in your name or his
You must show picture to show bona fide of your marriage.
You need a joint sponsor
He must have his I-94 to show that he came here legally.
It will make more sense if you get an apartment and have his name and signature on the lease. If you don't have all that, it better you get a good lawyer for your case. That's my contribution. Good luck.

[deathrow2020]

Some confusion while I'm trying to figure out how to adjust my husband's status

Just to add to "wavedom"'s contribution, he/she's right, the form I-131 is NOT required, but optional if your husband intends to temporary travel abroad & return while his Adjustment of Status (AOS) form I-485 is pending with USCIS. He cannot & should not leave the country before he files for the AOS, since he would not be allowed to enter, but as long as he properly files for an AOS and Advance Parole-AP (using form I-131) and gets approved for an AP while his AOS is pending, he can temporary leave the US & return to continue with his AOS application even though he's been out-of-status (illegally living in the country for a while-does not matter how long).

Until April 17, 2012, the US Immigration Personnel (including but not limited to those at ports of entry into the US, the Courts, etc) used to misinterpret the law that bars folks (like your husband who were originally inspected and admitted into the US but have been unlawful present in the US for more than 6 months) from entering the US for between 3-10 year periods, even if they're in possession of a valid AP Document while their AOS is also pending with USCIS. Please google & read on "25 I & Dec. 771 (BIA 2012)" Matter of Manohar Rao ARRABALLY, Respondent Matter of Sarala YERRABELLY, Respondent, for more clarification and or confirmation of the above.

As of July 30, 2007, there are no additional fees charged for the forms I-765 or I-131 when form I-485 is filed and the fees for that application(I-485) is paid.

Even though not required, I would recommend he applies for the AP using form I-131 at the same time as the other forms (I-130, I-485, I-765, I-693, G-325A-1 for yourself, 1 for him & I-864) if he intends to travel abroad temporary while his AOS application is pending. If his work permit (I-765) and AP (I-131) applications get approved, he'll be issued with a combo card (one card that serves as a work permit and AP) for the validity of the card.

Good luck.