AOS Interview

A

aos_me

New Member
Hello:

I am a USC and applied for my wife's GC in Dec' 08. She is on H1-B which expires in Apr' 2010. We have AOS interview in May and I had question regarding documents reqd for the interview. I have all the documents except my wife's latest paycheck and W2. She has W2 for 2005 and 2006 but after that her employer has not paid her and she stopped working there. Would that be reason for I485 denial ?

12/26/08: package sent to Chicago
12/28/08: package received
02/17/09: FP taken
03/05/09: EAD/AP approved.
03/15/08: IL received
05/02/09: Interview scheduled.
 
aos_me said:
I am a USC and applied for my wife's GC in Dec' 08. She is on H1-B which expires in Apr' 2010. We have AOS interview in May and I had question regarding documents reqd for the interview. I have all the documents except my wife's latest paycheck and W2. She has W2 for 2005 and 2006 but after that her employer has not paid her and she stopped working there. Would that be reason for I485 denial ?
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So she has not been working since after 2006? Technically, that means she has been out of H1B status since then. However, that is "forgiven" because she is the spouse of a US citizen. I was on H1B also from 2000, and expired in 2007, then filed for AOS in 2008 as spouse of a US citizen.
 
aos_me said:
Hello:

I am a USC and applied for my wife's GC in Dec' 08. She is on H1-B which expires in Apr' 2010. We have AOS interview in May and I had question regarding documents reqd for the interview. I have all the documents except my wife's latest paycheck and W2. She has W2 for 2005 and 2006 but after that her employer has not paid her and she stopped working there. Would that be reason for I485 denial ?

12/26/08: package sent to Chicago
12/28/08: package received
02/17/09: FP taken
03/05/09: EAD/AP approved.
03/15/08: IL received
05/02/09: Interview scheduled.
Click to expand...

Your Paychecks, W-2 & 1040 are critical than your wife's paychecks & W-2. As long as she is married to you legally and you have documents to prove it, you are all set!
Just make sure that you have your own paychecks & tax documents in place.
 
Yes I do have my W2 and paychecks and we are married legally and have all documnets to prove our relationship.

Spouse of a US citizen is "forgiven" for being out of status, thats very comforting to hear !! I hope we get through our interview without any issues.
 
aos_me said:
Yes I do have my W2 and paychecks and we are married legally and have all documnets to prove our relationship.

Spouse of a US citizen is "forgiven" for being out of status, thats very comforting to hear !! I hope we get through our interview without any issues.
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Do you have a job? If you don't, your past W2s will not work and will need a co-sponsor.
 
H1B Status

ilovethe80s said:
So she has not been working since after 2006? Technically, that means she has been out of H1B status since then. However, that is "forgiven" because she is the spouse of a US citizen. I was on H1B also from 2000, and expired in 2007, then filed for AOS in 2008 as spouse of a US citizen.
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Its not legal for her employer to have her on H1B and not pay. Its a entirely different problem, she is forgiven for over staying as a citizen's spouse but about the status she is still on H1B if its not expired. Its little tricky situation.
The employer might be penalised for non payment of wages(if you really care about the employer) If you dont care about the employer go to labor dept and complain

I am not a attorney...its just a friendly advice
 
Of course not. It is not a problem, just show them all documents that you have to probe that you are legally married. You should show them your last taxes filled together (i.e taxes 2008)
 
So the short answer is no :)
Assuming you are the sponsor then it is vital that you have your W2s and 1040s.
Hers are not important.
Proving the legitimacy of your marriage is more important.... joint bank accounts and property ownership etc....
 
GCLK said:
Its not legal for her employer to have her on H1B and not pay. Its a entirely different problem, she is forgiven for over staying as a citizen's spouse but about the status she is still on H1B if its not expired. Its little tricky situation.
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If she has stopped working and is not getting paid by the H1B sponsoring employer, she is no longer in H1B status. But because the I-94 is valid until 2010, she would not have "illegal presence" yet.
 
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