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Sister married US citizen, need a little bit of help

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  • #16
    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.


    07-Apr-08 Mailed I-130/AOS/EAD/AP
    10-Apr-08 Delivered at Chicago lockbox (filing date)
    15-Apr-08 NOA's for all forms
    16-Apr-08 Checks cashed
    02-May-08 Biometrics
    08-May-08 RFE
    04-Jun-08 Mailed response to RFE
    11-Jun-08 Case processing resumed (I-485)
    22-Jul-08 AP issued
    25-Jul-08 EAD card production ordered
    29-Jul-08 EAD Approval Notice sent
    31-Jul-08 EAD Card received
    15-Sep-08 Interview (APPROVED)
    24-Sep-08 Approval notice sent
    27-Sep-08 GC received

    Comment


    • #17
      and another

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



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

      Originally posted by inolepehc
      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.


      07-Apr-08 Mailed I-130/AOS/EAD/AP
      10-Apr-08 Delivered at Chicago lockbox (filing date)
      15-Apr-08 NOA's for all forms
      16-Apr-08 Checks cashed
      02-May-08 Biometrics
      08-May-08 RFE
      04-Jun-08 Mailed response to RFE
      11-Jun-08 Case processing resumed (I-485)
      22-Jul-08 AP issued
      25-Jul-08 EAD card production ordered
      29-Jul-08 EAD Approval Notice sent
      31-Jul-08 EAD Card received
      15-Sep-08 Interview (APPROVED)
      24-Sep-08 Approval notice sent
      27-Sep-08 GC received

      Comment


      • #18
        no I-601 if your sister does not leave the US

        Originally posted by sweetpiano
        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.


        07-Apr-08 Mailed I-130/AOS/EAD/AP
        10-Apr-08 Delivered at Chicago lockbox (filing date)
        15-Apr-08 NOA's for all forms
        16-Apr-08 Checks cashed
        02-May-08 Biometrics
        08-May-08 RFE
        04-Jun-08 Mailed response to RFE
        11-Jun-08 Case processing resumed (I-485)
        22-Jul-08 AP issued
        25-Jul-08 EAD card production ordered
        29-Jul-08 EAD Approval Notice sent
        31-Jul-08 EAD Card received
        15-Sep-08 Interview (APPROVED)
        24-Sep-08 Approval notice sent
        27-Sep-08 GC received

        Comment


        • #19
          Originally posted by sweetpiano
          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 ....

          Originally posted by sweetpiano
          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
          These tips can help you find what you are looking for: Check the URL (web address) for proper spelling and completeness; Use our


          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.

          Originally posted by sweetpiano
          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...

          Comment


          • #20
            Originally posted by inolepehc
            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.


            07-Apr-08 Mailed I-130/AOS/EAD/AP
            10-Apr-08 Delivered at Chicago lockbox (filing date)
            15-Apr-08 NOA's for all forms
            16-Apr-08 Checks cashed
            02-May-08 Biometrics
            08-May-08 RFE
            04-Jun-08 Mailed response to RFE
            11-Jun-08 Case processing resumed (I-485)
            22-Jul-08 AP issued
            25-Jul-08 EAD card production ordered
            29-Jul-08 EAD Approval Notice sent
            31-Jul-08 EAD Card received
            15-Sep-08 Interview (APPROVED)
            24-Sep-08 Approval notice sent
            27-Sep-08 GC received

            Comment


            • #21
              Originally posted by sweetpiano
              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:



              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!
              Last edited by inolepehc; 05-10-2008, 12:08 PM.

              Comment


              • #22
                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.
                Last edited by sweetpiano; 05-11-2008, 10:32 AM.


                07-Apr-08 Mailed I-130/AOS/EAD/AP
                10-Apr-08 Delivered at Chicago lockbox (filing date)
                15-Apr-08 NOA's for all forms
                16-Apr-08 Checks cashed
                02-May-08 Biometrics
                08-May-08 RFE
                04-Jun-08 Mailed response to RFE
                11-Jun-08 Case processing resumed (I-485)
                22-Jul-08 AP issued
                25-Jul-08 EAD card production ordered
                29-Jul-08 EAD Approval Notice sent
                31-Jul-08 EAD Card received
                15-Sep-08 Interview (APPROVED)
                24-Sep-08 Approval notice sent
                27-Sep-08 GC received

                Comment


                • #23
                  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?

                  Comment


                  • #24
                    Hi Inolepehc,
                    Originally posted by 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.

                    Originally posted by inolepehc
                    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.


                    07-Apr-08 Mailed I-130/AOS/EAD/AP
                    10-Apr-08 Delivered at Chicago lockbox (filing date)
                    15-Apr-08 NOA's for all forms
                    16-Apr-08 Checks cashed
                    02-May-08 Biometrics
                    08-May-08 RFE
                    04-Jun-08 Mailed response to RFE
                    11-Jun-08 Case processing resumed (I-485)
                    22-Jul-08 AP issued
                    25-Jul-08 EAD card production ordered
                    29-Jul-08 EAD Approval Notice sent
                    31-Jul-08 EAD Card received
                    15-Sep-08 Interview (APPROVED)
                    24-Sep-08 Approval notice sent
                    27-Sep-08 GC received

                    Comment


                    • #25
                      Originally posted by sweetpiano
                      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.

                      Comment


                      • #26
                        Originally posted by inolepehc
                        so they do have all 3 NOA's.
                        Oh, ok, good!


                        07-Apr-08 Mailed I-130/AOS/EAD/AP
                        10-Apr-08 Delivered at Chicago lockbox (filing date)
                        15-Apr-08 NOA's for all forms
                        16-Apr-08 Checks cashed
                        02-May-08 Biometrics
                        08-May-08 RFE
                        04-Jun-08 Mailed response to RFE
                        11-Jun-08 Case processing resumed (I-485)
                        22-Jul-08 AP issued
                        25-Jul-08 EAD card production ordered
                        29-Jul-08 EAD Approval Notice sent
                        31-Jul-08 EAD Card received
                        15-Sep-08 Interview (APPROVED)
                        24-Sep-08 Approval notice sent
                        27-Sep-08 GC received

                        Comment


                        • #27
                          noa for biometrics received today

                          update:

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

                          Comment


                          • #28
                            Originally posted by inolepehc
                            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.


                            07-Apr-08 Mailed I-130/AOS/EAD/AP
                            10-Apr-08 Delivered at Chicago lockbox (filing date)
                            15-Apr-08 NOA's for all forms
                            16-Apr-08 Checks cashed
                            02-May-08 Biometrics
                            08-May-08 RFE
                            04-Jun-08 Mailed response to RFE
                            11-Jun-08 Case processing resumed (I-485)
                            22-Jul-08 AP issued
                            25-Jul-08 EAD card production ordered
                            29-Jul-08 EAD Approval Notice sent
                            31-Jul-08 EAD Card received
                            15-Sep-08 Interview (APPROVED)
                            24-Sep-08 Approval notice sent
                            27-Sep-08 GC received

                            Comment


                            • #29
                              update

                              hi sweetpiano,

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

                              ttyl.

                              Comment


                              • #30
                                great, she should be able to see her cases online soon after biometrics too.


                                07-Apr-08 Mailed I-130/AOS/EAD/AP
                                10-Apr-08 Delivered at Chicago lockbox (filing date)
                                15-Apr-08 NOA's for all forms
                                16-Apr-08 Checks cashed
                                02-May-08 Biometrics
                                08-May-08 RFE
                                04-Jun-08 Mailed response to RFE
                                11-Jun-08 Case processing resumed (I-485)
                                22-Jul-08 AP issued
                                25-Jul-08 EAD card production ordered
                                29-Jul-08 EAD Approval Notice sent
                                31-Jul-08 EAD Card received
                                15-Sep-08 Interview (APPROVED)
                                24-Sep-08 Approval notice sent
                                27-Sep-08 GC received

                                Comment

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