Can you go to school full time while I130/I485 pending?

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victor9

Registered Users (C)
Hello all,

I am a Jan 2010 filer, spouse of a USC. I filed 485,130,693,864,131, etc...at Chicago this Jan and have my biometric taken. I am waiting on interview letter and interview.

Situation: My husband who is a USC is the petitioner. His PROSPECTIVE income is above the 125% poverty guideline. My husband started working in Oct 2009 (which is just a few months before we applied) so his W2 didn't meet the 125% range. So, to be safe we added my income as well to the 864 when we applied. My W2s for last 3 years have been well above the 125% range.

In the mean time I was also applying to full time grad school. I got admitted for this Fall (i.e Aug 2010) in one of the really good schools and will have to quit work to go to school. Also, I am planning to quit work before summer so that I can go see my family before the school starts

Here are some question I have

1) Can I go to school FULL TIME while my FAMILY BASED 130/I485 is pending? Everything online I find seems to be related to employment based 485.

2) Assuming that the interview doesn't take place before I quit work, would my husband need to file a new 864? (Remember, his PROSPECTIVE income in the already filed 864 is above the 125% guideline. We sent his pay checks and offer letter)

3) I plan to spend 3 months in Mauritius with my family this summer before the school starts. My husband plans to join us for the later 3 weeks of my vacation. I have my Advance Parole and my neighbor is going to be checking our mailbox. For the 3 weeks that both, my husband and I are gone what is the best way to handle any RFE, interview date letters? (assuming I am not interviewed before I leave).

I will be taking one of our Vonage phones with me.

Thank you all. God bless.

Thanks!
 
Last edited by a moderator:
A1: Yes
A2: I do not think he would need to submit a new I-864. Just carry his latest pay stubs to the interview. In the worst case scenario, have a co-sponsor ready.
A3: All you can do is ask your neighbor to check your mail. All RFEs get a 30 day window. So for a 3 week trip, you should be okay. You can take action upon your return.

victor9 said:
1) Can I go to school FULL TIME while my FAMILY BASED 130/I485 is pending? Everything online I find seems to be related to employment based 485.

2) Assuming that the interview doesn't take place before I quit work, would my husband need to file a new 864? (Remember, his PROSPECTIVE income in the already filed 864 is above the 125% guideline. We sent his pay checks and offer letter)

3) I plan to spend 3 months in Mauritius with my family this summer before the school starts. My husband plans to join us for the later 3 weeks of my vacation. I have my Advance Parole and my neighbor is going to be checking our mailbox. For the 3 weeks that both, my husband and I are gone what is the best way to handle any RFE, interview date letters? (assuming I am not interviewed before I leave).
Click to expand...
 
I am a USC and sponsored my wife. We had our interview a couple of weeks ago. The IO said to me when she saw my G-325A, "You work at the (name of my employer)?" I said yes. I then asked about the I-864 at the end of the interview, because my income last year wasn't enough but I had assets. The IO said they don't handle that there and it was already approved by NBC. As the other poster mentioned, I would be prepared in case they ask questions about the I-864, but if you go to the interview stage without any RFE for the I-864 then don't worry to much but still be prepared.
 
Triple Citizen said:
A1: In the worst case scenario, have a co-sponsor ready.
Click to expand...

Thank you Triple Citizen and dhlunar. So, should I have the co-sponsor fill out a 864 before the interview or do I just inform the co-sponsor that he may need to file one for me?

I have a whole bunch of USC cousins who would be willing to co-sponsor me, however, none of them reside at the same address (i.e. with us) and ALL of them are cousins or distant family. Does that work?

Thanks!
 
As long as the person who is a co-sponsor is a GC holder or a US Citizen then it is ok. No family relationship or same address is required. My aunt was nice enough to be my wife's co-sponsor and she lives in another state. On the second page of the I-864 it ask for the information about the person filling out the form. It says if the person is not the petitioner then they need to include proof of their US Citizenship or GC status.

What happened in our case was my aunt was nice enough to volunteer to co-sponsor my wife. I didn't make a lot last year, but I used assets from an investment account an family member left to me in my name on the I-864. The amount in the investment account, plus my income was enough and NBC didn't even look at the I-864 my aunt sent in.

If someone that is willing to be a co-sponsor doesn't want you to know their financial situation they could put the I-864 with the evidence needed in a sealed envelope with "I-864 For Government Use Only"

victor9 said:
I have a whole bunch of USC cousins who would be willing to co-sponsor me, however, none of them reside at the same address (i.e. with us) and ALL of them are cousins or distant family. Does that work?

Thanks!
Click to expand...
 
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