January 2018 AOS filers

[UScitizenFilingforspouse]

Same here! I wish I could avoid the RFE but they might request our 2017 tax returns... we will see.

And my W-2 has not posted online yet. Everythung else is ready to go.

[ewilliams]

we got married legally and did the previous divorced
thank you

Than you really have nothing to worry about. With all the paperwork rtc you should be perfectly fine. I am married to a US Citizen, my wife has been married before, we filed all the divorce papers and our marriage papers and its no issue

[pyx]

legal

I have no idea what it means, but if you 2 are legally married to eachother and if previously married are legally divorced there is no issue. Since if you were previously married you need to file your legal divorce papers anyway. I would get to worried about it. If its legal its legal

we got married legally and did the previous divorced
thank you

[BlahBlah1846]

Hi Blahblah1846,

I really appreciate your response. As of now I don't have liquid assets. All I have are my Pay-stubs.

Mhh tricky. I guess you can try and see what the officer will do? Or in order to avoid any RFE, you might want to ask someone to be a joint-sponsor? Does anyone else have any insights here?

[tomjerry111]

Income Requirements

Hi Blahblah1846,

I really appreciate your response. As of now I don't have liquid assets. All I have are my Pay-stubs.

[BlahBlah1846]

Hello ,

I had a same question as I am also planning to file in Mid-January thank you for asking the question I got my answer through this thread.

Actually, I have couple more questions to add regarding income specifications. I mean it required to fill last three years income on I-864 and I understand the income should be above 125% guideline. However, I was a student during these years so My income was not at all close to 21K (125% guideline chart) in 2015 and 2016. But in 2017, I earned aprx 30k (More than 125% guideline) Also I recently got a new job that I have been looking for in Dec 2017 and current salary is aprx 3 times more than 125% guideline. My question : did I have to earn more than required 125% guideline in 2015-2016 or will they consider my most recent years income?

I am not planning to ask anyone to be a joint sponsor as I don't want anyone's obligation ; therefore, I have worked hard to earn in 2017 and now luckily I got job in my field. Will that be any problem as I have not earned enough during 2015 and 2016?
Note: I can provide recent paystubs and W-2s to USCIS when required.
Background : Me (US Citizen) and Partner ( current US Visa status- Student since year), in relationship since 5 years and now we are finally married in US.

please guide me.

Thank You

I think you should be fine. They care the most about your current income. Do you have any liquid assets? Those can help, too.

[Hardtik]

Tax

Only after April 2018 the 2017 tax year will be required. Till then you guys good with 2016.

[BlahBlah1846]

I am on the same boat and I am sending in all my paystubs for 2017. I get my W-2 online but I can't remember how early in January we got it last year. Long story short, we do not have joint taxes to show but we do have strong evidence like joint checking, health insurance (medical/prescription/vision), my spouse is the beneficiary on all policies 100% as well as my 401K.
Do not stress too much. If you are a true marriage, you are a true marriage. If you get a RFE, respond accordingly.

Best of luck!

Same here! I wish I could avoid the RFE but they might request our 2017 tax returns... we will see.

[tomjerry111]

Income Requirements Q&A

Hello ,

I had a same question as I am also planning to file in Mid-January thank you for asking the question I got my answer through this thread.

Actually, I have couple more questions to add regarding income specifications. I mean it required to fill last three years income on I-864 and I understand the income should be above 125% guideline. However, I was a student during these years so My income was not at all close to 21K (125% guideline chart) in 2015 and 2016. But in 2017, I earned aprx 30k (More than 125% guideline) Also I recently got a new job that I have been looking for in Dec 2017 and current salary is aprx 3 times more than 125% guideline. My question : did I have to earn more than required 125% guideline in 2015-2016 or will they consider my most recent years income?

I am not planning to ask anyone to be a joint sponsor as I don't want anyone's obligation ; therefore, I have worked hard to earn in 2017 and now luckily I got job in my field. Will that be any problem as I have not earned enough during 2015 and 2016?
Note: I can provide recent paystubs and W-2s to USCIS when required.
Background : Me (US Citizen) and Partner ( current US Visa status- Student since year), in relationship since 5 years and now we are finally married in US.

please guide me.

Thank You

[ewilliams]

Thank you for all your response on this thread, it is really helpful.
to my question
we are almost through for submission but i noticed something in our marriage certificate which say says "no of this marriage" 1. Myself and my wife were married before to our ex but divorce. could this be an error?
what is the implication if we go ahead to submit same certificate or what is the way out? thank you

I have no idea what it means, but if you 2 are legally married to eachother and if previously married are legally divorced there is no issue. Since if you were previously married you need to file your legal divorce papers anyway. I would get to worried about it. If its legal its legal

[pyx]

Quick one

Thank you for all your response on this thread, it is really helpful.
to my question
we are almost through for submission but i noticed something in our marriage certificate which say says "no of this marriage" 1. Myself and my wife were married before to our ex but divorce. could this be an error?
what is the implication if we go ahead to submit same certificate or what is the way out? thank you

[pyx]

As far as I know, you should apply in the state you are actually residing.
Since you will have the interview there too.
If you choose to file in Florida and in the meantime are back living in NJ, you will have your interview in Florida.

As far as medical exam, that doesnt matter what so ever. Medical exams are the same in every state, since every doctor has to follow and fill in the USCIS procedures.

thank you, i appreciate your response

[UScitizenFilingforspouse]

I decided to make a new thread for all those who are going to file their AOS concurrent filing in January 2018. Since I will be one of those, I have a question to start out with. Do you think I will get a RFE because I won't submit a 2017 tax return? I am planning on sending my package in mid January and by then, I am simply not able to show any 2017 tax YET... but by the time they actually get to read my application, they might want to see it?

How will you handle this situation?


Thanks & Happy Holidays!

I just confirmed that my W-2 was posted on 01/04/17. We decided to just wait until the 4th, file taxes and send in the adjustment of status packet on the 5th or 6th. We are hoping to avoid a RFE for taxes, at least.

[ewilliams]

As we are planning to file our papers in January, precisely next week, we got a called that my father in law is in coma and she will need to go take care of him due to her nature of work in another state( florida). My question is can we file in that state because of i have done medical in our present state (New Jersey)? will the medical report still be valid? please reply asap

As far as I know, you should apply in the state you are actually residing.
Since you will have the interview there too.
If you choose to file in Florida and in the meantime are back living in NJ, you will have your interview in Florida.

As far as medical exam, that doesnt matter what so ever. Medical exams are the same in every state, since every doctor has to follow and fill in the USCIS procedures.

[pyx]

what can i do?

As we are planning to file our papers in January, precisely next week, we got a called that my father in law is in coma and she will need to go take care of him due to her nature of work in another state( florida). My question is can we file in that state because of i have done medical in our present state (New Jersey)? will the medical report still be valid? please reply asap