Help with my AOS journey

[ramaskull]

Hello everyone,

I'm in the process trying to get my green card through marriage and have a few questions and concerns that recently came up.

My story
I came here on a B1/B2 visa in 1994 and have been out of status since then. I got married in 1995 but ended up separating a few months after because of some issue she had. My mom became a US citizen in 2002 and then file a I-130 petition for me as a married son which was approved in 2005 however, due to the fact that I overstayed on my visa , I wouldn't be able to do an AOS here in the US and If I was to go back then, I would have been barred for a number of years. If she had filed for me when she had her green card before April 1st, 2001, which by the way, was told not to by her attorney at the time (stupid)I would have been eligible to adjust under Section 245(i) Act.

I finally got divorced in June 2007, met my current wife in 2006, lived together for for 3 years then broke up in 2010. We recently reconnected and then got married this past May. We sent in our package to USCIS on June 26th, 2013 which consisted of the I-130, 1-485, I-765 and I-864. I've already done the Biometrics on July 29th. The I-485 got updated to testing and interview scheduling on Aug 8th. I received another update on Aug 28th that my EAD is in production. So far it seems like everything is going smooth throughout the process however, my wife just got laid off from her new job yesterday which she started 4 weeks ago. She was the only sponsor on the I-864.

My Q's:

1. My mom is willing to be a cosponsor and file an I-864 Affidavit of support for me. Should I have her fill out a separate one as an addition to my wife's or do I have to have both of them on one form.
   
3. I've worked for two employers and paid and file all my taxes tax return every year except for 1997 and currently is on a medical leave. Would I be eligible to file a I-864W since I have way more than 40 quarters of coverage?
   
5. How should I present the new Affidavit of support to the IO at the interview?
   
7. It's been 24 days since my I-485 updated to interview and testing but I have not received a letter or update for the interview date. Should I be concern that USCIS may have scheduled my interview without letting me know?
   
9. While reviewing my original submissions, I noticed my employment date on the I-130 was 1994 & not 1998 and also on one section of the I-485, I placed my mothers last name instead of her first. Do you think this will be a problem or should I reprint them with the correction and take it to the interview and if so, how do I present it to the IO?
   
11. We filled out all the paperwork ourselves and haven't had any issues with RFE's or anything. We have no criminal history, my wife never petition or had any immigration problem. Do you guys think we need an attorney at the interview at this point?

I do appreciate any input or comments you may have and good luck to you all on your journey.

 

[Jackolantern]

If she had filed for me when she had her green card before April 1st, 2001, which by the way, was told not to by her attorney at the time (stupid)I would have been eligible to adjust under Section 245(i) Act.

She couldn't have filed for you when she was a green card holder and you were married.

 

[ramaskull]

She couldn't have filed for you when she was a green card holder and you were married.

Jackolantern, you're correct unless I had annulled the marriage back then since it only lasted a couple of months and at which point I would have became eligible. Only if I knew!

 

[ananga73]

Answers in bold.

Hello everyone,


My Q's:

1. My mom is willing to be a cosponsor and file an I-864 Affidavit of support for me. Should I have her fill out a separate one as an addition to my wife's or do I have to have both of them on one form. What do you need her sponsorship for? Your wife already sponsored you and if she meets the minimum requirements, adding your mother is totally pointless
   
3. I've worked for two employers and paid and file all my taxes tax return every year except for 1997 and currently is on a medical leave. Would I be eligible to file a I-864W since I have way more than 40 quarters of coverage?Yes
   
5. How should I present the new Affidavit of support to the IO at the interview?You do NOT need it!
   
7. It's been 24 days since my I-485 updated to interview and testing but I have not received a letter or update for the interview date. Should I be concern that USCIS may have scheduled my interview without letting me know?I would expect you to have received your notice by now. If by end of next week it's not here, schedule an INFOPASS.
   
9. While reviewing my original submissions, I noticed my employment date on the I-130 was 1994 & not 1998 and also on one section of the I-485, I placed my mothers last name instead of her first. Do you think this will be a problem or should I reprint them with the correction and take it to the interview and if so, how do I present it to the IO?Reprint and carry along. You may correct before the interview and after you're sworn in. It's no big deal. People make mistakes ALL THE TIME
   
11. We filled out all the paperwork ourselves and haven't had any issues with RFE's or anything. We have no criminal history, my wife never petition or had any immigration problem. Do you guys think we need an attorney at the interview at this point? You have a clean case. You only need an attorney if you have money to burn

I do appreciate any input or comments you may have and good luck to you all on your journey.

 

[ramaskull]

ananga73

1. My mom is willing to be a cosponsor and file an I-864 Affidavit of support for me. Should I have her fill out a separate one as an addition to my wife's or do I have to have both of them on one form.

What do you need her sponsorship for? Your wife already sponsored you and if she meets the minimum requirements, adding your mother is totally pointless

The only reason why I though I may need additional sponsorship is because my wife just lost her job and I'm not sure she will be able to get another one before the interview.

2. I've worked for two employers and paid and file all my taxes tax return every year except for 1997 and currently is on a medical leave. Would I be eligible to file a I-864W since I have way more than 40 quarters of coverage?Yes

I read on the USCIS website that the 40 quarters of coverage required "During" the marriage. Am I misinterpreting the instruction and if not, based off the issue with my wife loosing her job, should I fill out I-864W and take it with me to the interview?

4. It's been 24 days since my I-485 updated to interview and testing but I have not received a letter or update for the interview date. Should I be concern that USCIS may have scheduled my interview without letting me know?
I would expect you to have received your notice by now. If by end of next week it's not here, schedule an INFOPASS.

I will definitely do that. Thanks you for recommending I do.

6. We filled out all the paperwork ourselves and haven't had any issues with RFE's or anything. We have no criminal history, my wife never petition or had any immigration problem. Do you guys think we need an attorney at the interview at this point? You have a clean case. You only need an attorney if you have money to burn

No money here to burn. I just though it would be much safer bringing one to the interview in the event some crazy issue comes up like my I-9 form. All I know is that in the 15 year I've been working at my job, my employer never ask me to re-verfify my employment status so I figured I "May" have checked off that I'm as a US citizen and in addition, I've been out of status for a long time.

 

[ananga73]

See below.

The only reason why I though I may need additional sponsorship is because my wife just lost her job and I'm not sure she will be able to get another one before the interview. Okay. Makes sense now.



I read on the USCIS website that the 40 quarters of coverage required "During" the marriage. Am I misinterpreting the instruction and if not, based off the issue with my wife loosing her job, should I fill out I-864W and take it with me to the interview? Yes, under the circumstances, do that.




I will definitely do that. Thanks you for recommending I do.



No money here to burn. I just though it would be much safer bringing one to the interview in the event some crazy issue comes up like my I-9 form. All I know is that in the 15 year I've been working at my job, my employer never ask me to re-verfify my employment status so I figured I "May" have checked off that I'm as a US citizen and in addition, I've been out of status for a long time.Ultimately what is important is that you are comfortable. That is why we work and make $$. So if it makes you comfortable to take an attorney along, by all means.

 

[ramaskull]

See below.

The only reason why I though I may need additional sponsorship is because my wife just lost her job and I'm not sure she will be able to get another one before the interview. Okay. Makes sense now.

I read on the USCIS website that the 40 quarters of coverage required "During" the marriage. Am I misinterpreting the instruction and if not, based off the issue with my wife loosing her job, should I fill out I-864W and take it with me to the interview? Yes, under the circumstances, do that.

So in other words you're saying that I should go ahead and add my mom as a sponsor however the question I now have is, would I need to use any sponsor since I would be eligible to use the I-864W exemption form also, to clarify the use of the I-864w, the 40 quarters of coverage can either be before or during the marriage.

That is why we work and make $$. So if it makes you comfortable to take an attorney along, by all means.

You got that right. I was just curious if anyone else have had similar experiences and opt-out of having an attorney with them at the interview which ended being successful.

 

[Jackolantern]

No money here to burn. I just though it would be much safer bringing one to the interview in the event some crazy issue comes up like my I-9 form. All I know is that in the 15 year I've been working at my job, my employer never ask me to re-verfify my employment status so I figured I "May" have checked off that I'm as a US citizen and in addition, I've been out of status for a long time.

If the last time you filled out the I-9 for an employer was 15 years ago, that version of the I-9 had "US citizen or US national" for one choice, and the courts have held that selecting that option doesn't count as a claim to US citizenship, because it could be a claim of being a noncitizen US national. More recently (maybe 2-3 years ago) they changed the I-9 to make US citizen and US national be separate choices.

So if that old I-9 form is the only place where you might have claimed US citizenship, don't worry about it and don't admit it, because that scenario with the old I-9 doesn't count.

So in other words you're saying that I should go ahead and add my mom as a sponsor however the question I now have is, would I need to use any sponsor since I would be eligible to use the I-864W exemption form also, to clarify the use of the I-864w, the 40 quarters of coverage can either be before or during the marriage.

You don't need your mother to be a sponsor, since you qualify for I-864W. The 40 quarters can be from any time in your life if it's all based on your own earnings. The "during the marriage" restriction is only for people who are eligible to claim Social Security credits based on their spouse's taxable earnings.

 

[ramaskull]

So if that old I-9 form is the only place where you might have claimed US citizenship, don't worry about it and don't admit it, because that scenario with the old I-9 doesn't count.

The I-9 is the only thing I can really think of right now. I will double check my mortgage paperwork just in case although, I recently received a jury duty letter last month requesting me to serve which I excused myself claiming that I'm not a US citizen. I'm not sure how they think I'm eligible to serve.

You don't need your mother to be a sponsor, since you qualify for I-864W. The 40 quarters can be from any time in your life if it's all based on your own earnings. The "during the marriage" restriction is only for people who are eligible to claim Social Security credits based on their spouse's taxable earnings.

Awesome!!! I've already printed and filled out the the I-864W along with my social security statement to prove that I have the 40 qualifying credits which I will take to the interview. Does this mean my wife original I-864 will be null and void since I'm now using submitting the I-864W also, will this delay the process for me to get my conditional GC?


I want take this time to thank you Jackolantern and ananga73 for your help. You guys have really been an amazing! You make me feel a lot more comfortable about the above issues since I began this journey in June. You both have an invaluable source of knowledge and I really appreciate what you do on this or any other forum helping people like me all over the world. Keep up the good work!

 

[Jackolantern]

The I-9 is the only thing I can really think of right now. I will double check my mortgage paperwork just in case although, I recently received a jury duty letter last month requesting me to serve which I excused myself claiming that I'm not a US citizen. I'm not sure how they think I'm eligible to serve.

They don't necessarily think you're eligible to serve; they probably just don't know your citizenship status. Many people here have received jury duty letters when they had a work visa or green card.

Awesome!!! I've already printed and filled out the the I-864W along with my social security statement to prove that I have the 40 qualifying credits which I will take to the interview. Does this mean my wife original I-864 will be null and void since I'm now using submitting the I-864W also, will this delay the process for me to get my conditional GC?

Probably no bigger delay than having to submit a new I-864 from your mother.