Aos

[Luci_merlion]

Hello!

I would appreciate your answers to the following question. I posted them for the call conference but unfortunately I was at work and could not dial in.

1.I am currently on OPT status and my husband is a naturalized American citizen. He is a cab driver and is renting a cab weekly for 500 dollars. He does not receive pay stubs as he receives cash for the rides. He filed taxes for 2004 and 2005, both years for $35.000, however, still owes IRS some money. What kind of evidence should he submit along with the I-864?
What would be a valid proof of self-employment in his case?
When they say "taxes for last year," do they mean 2006? We should mail the papers by March 1st. Some people still file for taxes in April. Should he file for 2006 or will 2005 and 2004 do? Does he have to show that he paid what he owes to IRS or filing taxes is enough?

2.He has his naturalization certificate but does not have U.S. passport yet. Can he travel outside the U.S. with his native country passport and present the certificate as proof of citizenship?

3.Although I understand that the advanced parole can be used in turn of a visa, how risky is to use the travel document to enter the U.S. ? I would like to go back home but I'm afraid that they'll send me back at the port of entry. I have initially entered the U.S. on J1 visa and then changed status to F1. I haven't been home for almost 4 years now. When my mother applied for a tourist visa they denied her because "I did not keep my promise to return at the end of J1," which to me sounds unreasonable provided that change of status is allowed. I worry that they'll say the same thing to me if I present only the travel permit.

4.Once I get my green card and send my mother an invitation to come visit me, can they still deny her based on the fact that once I "did not keep my promise?" Will it be me or my husband the one to send her an affidavit of support? Are her chances for a visa higher if the affidavit comes from a citizen?

5.My OPT starts in mid February and expires on 2/13/08. I am thinking that by then I should get my green card and work on OPT until then. Is this the way to go or would you recommend also applying for the work permit anyways?

6.I consider hiring an immigration attorney to represent my case. Will I get my green card faster if I hire a lawyer? If I end up sending the papers myself and things go wrong, can I hire a lawyer afterwards or let's say, only for my interview? Or does the lawyer need to be on my case from the beginning?

Thank you very much for your help!

 

[Jewel12]

Hello!

I would appreciate your answers to the following question. I posted them for the call conference but unfortunately I was at work and could not dial in.

1.I am currently on OPT status and my husband is a naturalized American citizen. He is a cab driver and is renting a cab weekly for 500 dollars. He does not receive pay stubs as he receives cash for the rides. He filed taxes for 2004 and 2005, both years for $35.000, however, still owes IRS some money. What kind of evidence should he submit along with the I-864?
What would be a valid proof of self-employment in his case?
When they say "taxes for last year," do they mean 2006? We should mail the papers by March 1st. Some people still file for taxes in April. Should he file for 2006 or will 2005 and 2004 do? Does he have to show that he paid what he owes to IRS or filing taxes is enough?

2.He has his naturalization certificate but does not have U.S. passport yet. Can he travel outside the U.S. with his native country passport and present the certificate as proof of citizenship?

3.Although I understand that the advanced parole can be used in turn of a visa, how risky is to use the travel document to enter the U.S. ? I would like to go back home but I'm afraid that they'll send me back at the port of entry. I have initially entered the U.S. on J1 visa and then changed status to F1. I haven't been home for almost 4 years now. When my mother applied for a tourist visa they denied her because "I did not keep my promise to return at the end of J1," which to me sounds unreasonable provided that change of status is allowed. I worry that they'll say the same thing to me if I present only the travel permit.

4.Once I get my green card and send my mother an invitation to come visit me, can they still deny her based on the fact that once I "did not keep my promise?" Will it be me or my husband the one to send her an affidavit of support? Are her chances for a visa higher if the affidavit comes from a citizen?

5.My OPT starts in mid February and expires on 2/13/08. I am thinking that by then I should get my green card and work on OPT until then. Is this the way to go or would you recommend also applying for the work permit anyways?

6.I consider hiring an immigration attorney to represent my case. Will I get my green card faster if I hire a lawyer? If I end up sending the papers myself and things go wrong, can I hire a lawyer afterwards or let's say, only for my interview? Or does the lawyer need to be on my case from the beginning?

Thank you very much for your help!

1. Taxes for the last year would be 2005 in your case. You can use 2005 taxes till April 15. You only need one year, but you are welcome to send 3 tax years if you wish. He doesn't have to show that he paid all the taxes he owes to IRS. I know nothing about the evidence of self-employment, sorry

2. NO. He needs a US passport to travel. He should get one.

3. Did you overstay? If yes, don't travel with an AP. If no, it's okay.

4. Invitations don't mean anything, no matter who they come from - an LPR or a US citizen. They can deny your mother if they want to, without any reasons. Affidavits won't help.

5. You must apply for an AOS-based EAD to continue working while your AOS is pending. You can't use your F-1 EAD any more.

6. No, you won't get it faster. A lawyer can help you out with the process, but he won't expedite it - they have no magical powers. If you have money, hire a lawyer (make sure he/she is a good one). If not - do it yourself. I don't know when is the best time to hire a lawyer - in the beginning or later in the process, so, hopefully, someone else will help you with that

Good luck!

 

[pianoplayer]

1. Taxes for the last year would be 2005 in your case. You can use 2005 taxes till April 15. You only need one year, but you are welcome to send 3 tax years if you wish. He doesn't have to show that he paid all the taxes he owes to IRS. I know nothing about the evidence of self-employment, sorry

2. NO. He need a US passport to travel. He should get one.

3. Did you overstay? If yes, don't travel with an AP. If no, it's okay.

4. Invitations don't mean anything, no matter who they come from - an LPR or a US citizen. They can deny your mother if they want to, without any reasons. Affidavits won't help.

5. You must apply for an AOS-based EAD to continue working while your AOS is pending. You can't use your F-1 EAD any more.

6. No, you won't get it faster. A lawyer can help you out with the process, but he won't expedite it - they have no magical powers. If you have money, hire a lawyer (make sure he/she is a good one). If not - do it yourself. I don't know when is the best time to hire a lawyer - in the beginning or later in the process, so, hopefully, someone else will help you with that

Good luck!

Hi:

In reference to question #6, it depends very much on what kind of service you need. Do you need someone to just briefly check your documents? Do you need someone to accompany you to the interview? Do you have a particular legal issue you want to have explained before applying? Or do you want help throughout the whole process?

Note, attorneys hate to do "janitorial work", i.e. problems created by the applicant with improper filing or decisions, or by incompetent attorneys. Most attorneys will charge you much more for doing the clean-up work, than if you hired them from the start.

These are all relevant factors to consider. Many people may not need an attorney at all ----- reading the OP's post, an attorney would probably be useful in her case.

 

[Luci_merlion]

Jewel12, thank you for your time and help. I initially came with J1 and changed status to F1. A lawyer helped me with this as initially I sent the paper by myself and they rejected my request (I applied too soon and thus said that my intent was to stay, thus my fear to leave with AP). However, I was never out of status during J1 or F1, so I guess I could travel with the AP.
I looked at your signiture and I think it is great you got your GC in 4 months.
Once I file for AOS and EAD, do I need to stop working until AOS EAD arrives? I just got hired and I doubt they'll be happy if I leave after 2 months.

pianoplayer, thank you. I read things online, including this forum about the AOS process and I have a basic understanding of what I need to file (from USCIS file) but I want to avoid any delays/them sending my file back/misplacing my file which I heard happened to some other people. I went to my lawyer (the one who helped me to change status the first time) and she gave me a flat price + 500 to come with me at the interview. In the meantime, I'm saving money for the lawyer and made an appointment for the medical exam so that when I actually go to see her I have what I need. Long story short, I need the lawyer to help me with the evidence for I-864 (proof of employment and perhaps a standard letter adjusted to reflect my husband's situation=renting cab, getting paid cash etc. ). I could fill out the forms and have her look over and get more help with the evidence.