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  • i 485 Dilemma

    "Hello, I am planning to file I 485 for my spouse by myself. So far I had completed forms I 485 and I 765 besides that are there any other forms I have to submit? One more thing for the affidavit of support my income for 2018 and even till today's 2019's income is above the bar but 2017's and 2016's income is below the bar. In this scenario, is it ok to files with my income or I have to look the third person as a secondary sponsor ?"
    I will be greatly thankful for your help.
    Thanks
    RP
    '

  • #2
    Need more background. Are you a US citizen or permanent resident petitioning your spouse? Or is she immigrating as your derivative beneficiary. What status did she enter the US on? Is an I-130 petition filed with her I-485? For the Affidavit of Support, current (i.e. right now) income matters more than income from past years.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Generally, if a person is applying for AOS based on marriage to a US citizen and has no petition on file, the packet to USCIS includes I-130 & I-130A (your petition for her), I-485 (her application to adjust), I-765 (work authorization), I-131 (travel authorization), and I-864 (your affidavit of support).**

      **This answer makes the assumption that you are a USC, and that she entered the country legally, does not require any waivers, etc. It's a very general response and may not apply to your case, since you have not provided enough details for us to really help

      You current income matters more than your previous income, as newacct stated.
      2/20: Received at Chicago lockbox
      4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
      4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
      4/19: Request to expedite EAD
      5/11: Received EAD
      6/26: Applied for Advance Parole
      8/09: Advance Parole approved
      8/29: Scheduled for Interview
      10/11: Interview
      10/12: RFE on I-130 (misplaced G28)
      10/16: Sent new G28
      10/19: Approved!

      Comment


      • #4
        Thank you very much. I am so thankful to all of you. She entered the US in F1 visa and till now she has maintained her status. I had already filed I -130 which was approved a couple of days back and now I am filing AOS for her. So I was looking for some suggestion regarding the affidavit of support and the forms that I have to file?
        Thank you very much once again.

        Comment

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