Can I apply AOS for myself?

[janeritchie01]

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[newacct]

Adjustment of Status (I-485) is only signed by you. However, your I-485 will need an I-864 Affidavit of Support from your spouse. Will she be willing to sign that?

What happened to your previous I-485? Was it denied? It would be better to continue with that one if possible, because it already has an I-864. It might theoretically be possible to get AOS approved in your situation even without your wife showing for the interview.

[newacct]

Previous application was abandoned. No, she is not willing to sign. I am working under the table, so I can show proof of income to support myself. My worries are, I am working without a permit. Would this affect my application?

She must sign an I-864 for you to immigrate based on the marriage. Even if her household income is insufficient, and a joint sponsor is used, she would still have to sign an I-864, and the joint sponsor signs a second I-864, so there are two I-864s. Or, if your income is counted, then your income is considered as part of her household income on her I-864, but it is still her I-864 that she needs to sign. (Plus your income can only be counted if you are working legally.) You can't avoid needing her to sign I-864 unless you have earned 40 quarters of Social Security credits (i.e. paid Social Security tax for 10 years); you can include the quarters she earned from the period you were married, but even with that I don't think you come close to 10 years.

You are in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen), and being out of status or unauthorized employment do not affect your AOS. Of course, you should make sure to disclose all employment on your application, and make sure you have paid all the appropriate federal and state income and payroll taxes on it every year. And make sure not to falsely claim to be a US citizen.

What do you mean the previous application was "abandoned"? What is the case status? Did you guys not respond to something and they denied it?

[janeritchie01]

We missed the interview twice. That was back 2019. She filed an appeal but it is out of the window period. So, I guess it is gone. Our relationship is not doing good. And she already made her mind that she is not willing to help me. She wants me to go back in my country. But i dont wan't to anymore. We are still living together but just for our 2 boys. We both take turns watching the boys at home. I work days and she works nights. So, It is beneficial living together still, than living in our own. We also filed our taxes as joint, but thats it. She is out of the picture. Would getting a lawyer would help me? I work 45 hours a week. I can support my self. Can my friend be my sponsor for I-864?

[newacct]

No. Like I said, even if there is a joint sponsor who files an I-864, your wife would still need to file an I-864.

The only alternative I can think of is to wait until you (plus your wife during the period of marriage) earn 40 quarters of Social Security credits (if you are self-employed, make sure you are paying Self-Employment Tax on your tax return, which counts as Social Security tax + Medicare tax), and then file a new I-485 with I-864W. If you get put into removal proceedings before then, you can "renew" the denied I-485 with the immigration judge in immigration court, which is basically an appeal. Did both of you miss the interview or just her? What was the basis on which you guys tried to file a motion to reopen it before?