AOS interview - co-sponsor question

[NitroLiq]

Hi All,

Need a bit of help. My wife (filipina) and I have been married for 2+ years and our AOS interview is coming up May 3rd so we're gathering all the necessary documents.

On the original k-1 app, my parents co-sponsored us. When I filed the
original AOS papers, I did it alone. I'm self-employed now and owe a
bit of back taxes. With the pre-interview paperwork, can I get my
parents to also fill out an I-485, submit tax forms, etc as
co-sponsors or is INS specifically interested in just making sure that
we're a valid  couple? In other words, can we use co-sponsors for the
aos interview paperwork or do we just do it by ourselves? Just a
little worried based on our financial situation.

Any help is greatly appreciated.

Kuya Pete

[Ray]

... in response to AOS interview  -  co-sponsor question, posted by NitroLiq on Mar 12, 2004

Hi Pete,

When you filed the AOS, you should have submitted a Form I-864 Affidavit of Support. The income guidelines for the I-864 are pretty straightforward. If you have steady income above the cutoff level then there is no need for a joint sponsor and they won’t want one. They look almost exclusively at current your gross income and don’t look at your living expenses or other liabilities. If your income is not sufficient to meet the requirements listed in Form I-864P on your own, then your parents could submit a separate I-864 as joint sponsors. If INS doesn’t ask for a joint sponsor affidavit, then don’t worry about it.

The good part is that if you have been married over 2 years at the time her AOS is approved, then she should receive a 10-year green card and you won’t need to file the I-751 to remove conditions on residence after 2 years :-)

Ray

[NitroLiq]

... in response to Re: AOS interview  -  co-sponsor questio..., posted by Ray on Mar 12, 2004

Thanks for the advice, Ray. Here's another question. I've read that after the interview, INS is supposed to stamp the passprt with the I-551 (but sometimes they don't). The thing is, my wife's EAD expires the month after our greencard interview and she's working. Is it safe to just await the interview, expecting she'll get the stamp and not worry about renewing her EAD?

Thanks for the help!

Pete

[Ray]

... in response to Re: Re: AOS interview  -  co-sponsor que..., posted by NitroLiq on Mar 12, 2004

Yes, when her permanent residence is approved, they should place the stamp her passport. The stamp is normally good for a year and acts as her temporary green card until the actual card arrives in the mail. I wouldn’t bother to apply for another EAD if her interview is scheduled before the EAD expires.

Occasionally, they won’t give final approval at the interview. Sometimes they need to wait for the results of security checks or something else that might delay approval by a couple of weeks or so. Even then, if her employer isn’t worried about it then she shouldn’t worry either.

Save the $120 EAD renewal fee and go shopping or something.

Ray

[NitroLiq]

... in response to Nothing to worry about, posted by Ray on Mar 12, 2004

Yeah, that's what I keep saying but the HR at her job tends to be a stickler for stuff like that, hence the little bit of concern.