Is there an issue?

[WhoDaDaddy]

Will authorities frown upon the fact having been in the US and looking to file an AOS not be happy that I have come over to spend time with my spouse and child? This visit was meant to be a short term measure but circumstances have led to us staying here now which wasn't originally planned.
I have read somewhere that I shouldn't be on my own with my child, as my spouse does work will it be a big issue that I am alone in the house with my child at times?
We do get regular visits from my spouses sister and aunts too but no one is paid to look after my child.
Thanks

[bandk]

Why you should not be on your own with your child?


If you misinterpreted the facts and get the visa that way (or at the port of entry ) then you could be in trouble otherwise it's OK , plans might change.

[WhoDaDaddy]

Hi

Why you should not be on your own with your child?


If you misinterpreted the facts and get the visa that way (or at the port of entry ) then you could be in trouble otherwise it's OK , plans might change.

No reason not to be on our own as both at the embassy and border I have said clearly that I am here primarily to visit my spouse and child.
I heard that this could be construed as childcare and therefore employment!

As I have no transport it's been family members who have taken us on days out, shopping etc. No issues or worries otherwise in terms of legal entry etc... Just I really don't want there to be an excuse to separate our family.
Thanks

[bandk]

No reason not to be on our own as both at the embassy and border I have said clearly that I am here primarily to visit my spouse and child.
I heard that this could be construed as childcare and therefore employment!

As I have no transport it's been family members who have taken us on days out, shopping etc. No issues or worries otherwise in terms of legal entry etc... Just I really don't want there to be an excuse to separate our family.
Thanks

If it's your child, how can taking care of him/her be employment?
If your wife is US citizen file AOS and you should be fine if you were able to get visa at the embassy and enter at the border after having disclosed them.

[WhoDaDaddy]

Thanks

If it's your child, how can taking care of him/her be employment?
If your wife is US citizen file AOS and you should be fine if you were able to get visa at the embassy and enter at the border after having disclosed them.

Then I have nothing to be concerned about on that as I have been up front throughout.

On an unrelated matter,

On the I-864 form outlining support, does the USCIS look at all 3 tax years income to be above the poverty guidelines or just the most current tax year? My spouse earns well in excess of the guidelines but only for the last 16 months or so.
Thanks

[bandk]

Then I have nothing to be concerned about on that as I have been up front throughout.

On an unrelated matter,

On the I-864 form outlining support, does the USCIS look at all 3 tax years income to be above the poverty guidelines or just the most current tax year? My spouse earns well in excess of the guidelines but only for the last 16 months or so.
Thanks

Last tax return would be enough.