Sister married US citizen, need a little bit of help

[sweetpiano]

one more thing

I hate to throw more confusion into the issue, but your sister's overstay got me thinking. I'm not sure if she would have to file Supplement A to I-485, but here is the link
/show-form/i-485supa

Read the instructions, inolepehc, and see what you think. According to paragraph two of the fist section (What Is the Purpose of This Form?), your sister should file this Supplement, as she overstayed and (I assume) worked unlawfully. But according to the Note, she would not have to file, as she is a spouse of a USC and was lawfully admitted/inspected.

[sweetpiano]

and another

Here is a link to useful filing tips, direct from the "horse's mouth":

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=72a927c382f39110VgnVCM1000004718190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

If you scroll down to the instructions for I-130, item 1 contains the answer to your earlier question

b) i-130, part B question 14: IF YOU ARE A LAWFUL PERMANENT RESIDENT ALIEN COMPLETE THE FOLLOWING
in this case, the guy is a us citizen, so he doesn't have to complete anything here, BUT, should i enter "N/A" or just leave it blank??

I-130
Petition for Alien Relative
1. Either Block 13 (“If you are a U.S. citizen…”) OR Block 14 (“If you are a lawful permanent resident…”) must be completed.

so you were right, leave 14 entirely blank.

[sweetpiano]

no I-601 if your sister does not leave the US

Apparently the ban could be waived by filing I-601 (Application for a Waiver of Ground of Inadmissibility), as mentioned in the I-131 instructions, letter F. However, if your sister needs to file this waiver at all so they process her AOS given her overtay status, I'm not qualified to say. Maybe a lawyer would know.

Ok, I did some research: as quoted on a lawyer's website, the I-601 is only needed if "the alien has been unlawfully present in the United States for more than 180 days and is now outside the US". So if your sister does not travel, then no need for I-601.

[inolepehc]

So if your sister has no emergency reasons to leave, stay put.

right, after reading this, my sister has decided to forget about the AP, she doesn't even have the money to travel right now ....

I hate to throw more confusion into the issue, but your sister's overstay got me thinking. I'm not sure if she would have to file Supplement A to I-485, but here is the link

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Read the instructions, inolepehc, and see what you think. According to paragraph two of the fist section (What Is the Purpose of This Form?), your sister should file this Supplement, as she overstayed and (I assume) worked unlawfully. But according to the Note, she would not have to file, as she is a spouse of a USC and was lawfully admitted/inspected.

i read it, and that has to do when someone is getting benefit under section 245(i). This is not my sister case.

I-130
Petition for Alien Relative
1. Either Block 13 (“If you are a U.S. citizen…”) OR Block 14 (“If you are a lawful permanent resident…”) must be completed.

sweet!! i was never going to find that one ..... but let me tell you something, i just met with a friend of mine and gave me copies of her case (forms and everything she submitted back from 2003, same case as my sister with the only difference that this friend never overstay) and everything was done through an attorney, and guess what? the attorney left 14a blank and 14b marked it "no". i noticed there are other parts where i thought, according to the instructions, where he had to enter "none", like part C questions 9 and 10 of the same form, he just left blank spaces .... but still everything went alright ..... so i guess that it all depends on who is reviewing your applications. if it is one of those days when the reviewer wakes up on the wrong foot, most likely the application will be rejected but i am not going to take any chances.

sweetpiano, i really appreciate your help. i now have a question about I-864EZ, not only for sweetpiano by the way, but if someone else knows, go ahead and provide your info please.

so my brother-in-law can file I-864EZ. specific questions:

part 5 question 18, is this about how much money he has made until today 05-01-2008 or how much money he is expecting to make during 2008?? i read the instructions (page 4) and says "Enter your current individual earned income that you are using to meet the requirements of this form and indicate the total on this line." so i think is about the money he has made already until today. still want to hear other's opinions.

but then it says "You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income."

here is where i get confused, first says earned meaning in the past, then expected income meaning in the future, i mean, are you guys reading the same as i do or is it just me??? i'm going crazy hehe

keep going, evidence, it says he can submit pay stubs. here is something weird, his latest pay stub says "year to date earnings 4800" (around that) so if i would like to estimate how much money he'll make for the other 2/3of the year is simple as 4800x3, right?? but that's not even 15k and it's under 17,500 which is the limit for a household size of 2 ...... so if it is indeed talking about "his expected income", he won't qualify then. but this is what happens, where he works, he does several things during the year (same place), sometimes gets paid more for doing certain things, sometimes less for some others, but how's he going to explain that??

an extra thing:

his adjusted gross income is as follows:

2007 22.5k
2006 21k
2005 14.5 k

i hope 2005 income won't be a problem, what do you think?? that's when he just started to work but he has progressed since then somehow as you can tell...

[sweetpiano]

part 5 question 18, is this about how much money he has made until today 05-01-2008 or how much money he is expecting to make during 2008?? i read the instructions (page 4) and says "Enter your current individual earned income that you are using to meet the requirements of this form and indicate the total on this line." so i think is about the money he has made already until today. still want to hear other's opinions.

but then it says "You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income."

here is where i get confused, first says earned meaning in the past, then expected income meaning in the future, i mean, are you guys reading the same as i do or is it just me??? i'm going crazy hehe

keep going, evidence, it says he can submit pay stubs. here is something weird, his latest pay stub says "year to date earnings 4800" (around that) so if i would like to estimate how much money he'll make for the other 2/3of the year is simple as 4800x3, right?? but that's not even 15k and it's under 17,500 which is the limit for a household size of 2 ...... so if it is indeed talking about "his expected income", he won't qualify then. but this is what happens, where he works, he does several things during the year (same place), sometimes gets paid more for doing certain things, sometimes less for some others, but how's he going to explain that??

an extra thing:

his adjusted gross income is as follows:

2007 22.5k
2006 21k
2005 14.5 k

i hope 2005 income won't be a problem, what do you think?? that's when he just started to work but he has progressed since then somehow as you can tell...

Don't worry about earned and future earnings, if it was just income earned until the moment of filing, then people filing later in the year would have more income to show. What they want is an annual figure. Put down the annual pay expected for this year. Does the paystub show an annual rate? If not (it sound like your sister's husband is a contractor), then you would have to put down an estimate. I would say there's nothing wrong with putting down something based on last year's income. In any case, don't put down income only up to today, but write an annual figure, even if estimated. At the interview then they'd have to bring recent pay stubs, and if the IO considers it's not enough, they might have to get a co-sponsor, so in the meantime they can try to find a co-sponsor, just in case.

As far as last three years' income, don't worry about 2005, the other years look fine, so it should be ok. As I said, they're more interested in current/future income, that's why they want to see recent paystubs at the interview.

[inolepehc]

Don't worry about earned and future earnings, if it was just income earned until the moment of filing, then people filing later in the year would have more income to show. What they want is an annual figure. Put down the annual pay expected for this year. Does the paystub show an annual rate? If not (it sound like your sister's husband is a contractor), then you would have to put down an estimate. I would say there's nothing wrong with putting down something based on last year's income............

you were right sweetpiano. i followed your and also this suggestion found here:

http://www.immihelp.com/forum/showthread.php?t=22443

sweetpiano, i have to say that you have been very helpful and we, my sister and i, want to say "thank you" .... thank you so much for dedicating a few minutes of your precious time to answer our questions.

my sister just called me from the usps office to tell me she is ready to send everything today. I'll keep posting the progress of her case.

have a wonderful day SP!

[sweetpiano]

You're very welcome, Inolepehc, I'm glad I could help and glad to hear your sister mailed the package, best of luck from now on. It took me a while to put together the papers too. Thanks for the link too. Keep us posted.

[inolepehc]

Update

Hi sweetpiano,

My sister received this morning 2 envelopes containing the Notice of Action, from both, I-495 and I-765, saying the she will be contacted soon for the biometrics. Also, both checks she sent, have been cashed yesterday.

It seems to me everything is going well. I guess if we forgot to send something or filled out the forms incorrectly, they would have it rejected or requested more evidence, don't you think?

[sweetpiano]

Hi Inolepehc,

My sister received this morning 2 envelopes containing the Notice of Action, from both, I-495 and I-765, saying the she will be contacted soon for the biometrics. Also, both checks she sent, have been cashed yesterday.

From what I remember, your sister's pack also contained the I-130 - did she not receive a Notice of Action for that too?? That's important. The checks - I assume those are the $355 for I-130 and the $1,010 for I-485 (including I-765): please confirm. Actually, I think without a I-130, they wouldn't accept your sister's AOS, so let's hope the NOA for I-130 will come soon.

It seems to me everything is going well. I guess if we forgot to send something or filled out the forms incorrectly, they would have it rejected or requested more evidence, don't you think?

Yes, I think since they accepted the whole package and cashed the checks, everything looks fine, with the minor hiccup of missing NOA for I-130.

[inolepehc]

Hi Inolepehc,

From what I remember, your sister's pack also contained the I-130 - did she not receive a Notice of Action for that too?? That's important. The checks - I assume those are the $355 for I-130 and the $1,010 for I-485 (including I-765): please confirm. Actually, I think without a I-130, they wouldn't accept your sister's AOS, so let's hope the NOA for I-130 will come soon.

you are right, but I-130 was sent to husband address and we didn't know this until around 6 tonight when he got home. they still don't live under the same roof "officially". he wants to wait ($$) until his current lease is up (end of july) and then they move in together.

so they do have all 3 NOA's.

[sweetpiano]

so they do have all 3 NOA's.

Oh, ok, good!

[inolepehc]

noa for biometrics received today

update:

she received the noa for biometrics today, app. for june 10th i believe she said.

[sweetpiano]

update:
she received the noa for biometrics today, app. for june 10th i believe she said.

I saw on other forums that people have tried early walk-ins for their biometrics, sometimes on Wednesday afternoons. They just walked-in with their appointment letter and ID and had it done without a problem. Now whether that speeds us their process or not, I don't know. Also, this wouldn't be worth trying if the Application Support Center is a long drive away (as it was for me), just in case you're turned around, so I just waited for my appointment day, it was only two weeks away anyway.

[inolepehc]

update

hi sweetpiano,

sister got biometrics done yesterday. no surprises. everything ok.

ttyl.

[sweetpiano]

great, she should be able to see her cases online soon after biometrics too.