Please advise! Time running out for minor son to get here!

[tkbbw]

Yes I plan to keep the same home, havent decided about renting it out, is that an issue if I do? I do have a friend who has asked me if he could rent. Even if I do that, its not problem to stay there if I return.
I can return to my old job in my home state just before the AOS is due, however the money is so low that I dont even know if it would meet the guidelines. It's not a problem filing quarterly taxes. But the job is out of state so that may be a problem (?)
I have been so focused on my younger son and trying to get him here due to his age, that I failed to mention I also have a son who will be 20 this June.
1. When I file, I will file for both, seperate I 130s?
2. When I file, their age is frozen? ( if so, then perhaps I should wait and see how this new job goes?) And what happens if for some reason the i130 is denied, say the AOS, job, (who knows with Uscis) do I have to start all over? And if that should happen and my son is over 21, he no longer fits in that category??? Then his wait would be even longer?
You state age is frozen but not for citizenship eligibility..is it still a 5 year wait to apply for citizenship of does that change? I am confused.
3. At what stage of the petition do they want this AOS?
I am trying to time this out so I can make money so I CAN bring them here, with filing fees, flights, etc! Timing is everything. Sorry for all the questions but screwed up before, dont want to screw up now!
Geez this stuff is confusing!

 

[Jackolantern]

If you're going to maintain the same home while working out of state, then keep using that home as your address on the immigration paperwork. That home is your permanent place of residence; the out-of-state job is a temporary arrangement as a 1099 independent contractor.

1. Yes, a separate I-130 for each.

2. Being under-21 children of a US citizen puts them in the category of Immediate Relative which carries special priorities and privileges for obtaining a green card. Once you file the I-130, their age will be frozen for the purpose of staying in that category of green card eligibility. But your younger son's eligibility to derive automatic citizenship as a minor will not be frozen; even if you file the I-130 before he is 18, his age for citizenship purposes will not be frozen at 17, and he will have to endure the usual 5-year wait.

If your older son turns 21 before you file for him, he will age out of the Immediate Relative category and the wait time for a green card will increase from months to more than 3 years. So it is of heightened importance to file for him ASAP.

3. After I-130 approval, which is about 3-6 months after you file the I-130.

 

[tkbbw]

My concern is that when I filed for my citizenship the first time, I used my home address and supplied my 1099 out of state income, and was denied because I was not physically in my home state. They told me to file from my work state as under federal guidelines it is where you are physically living, even though I paid taxes on my home, DL, insurance, etc in my home state! At that point, I left my out of state job, and returned home to gain citizenship and lost almost everything with the low salary. Now, I am being offered the job again and dont want a repeat perfomance but NEED the money badly. BIGJOE stated it doesnt matter where I am until I file the AOS, so if I am still out of state, then they may get on me for not notifying them of a address change. Catch 22 always with me!
Secondly, from what I am reading, I have to show enough income for myself, wife, and two sons. Although my wife works, as stated initially, she wants nothing to do with providing her income, signing anything at all to help me in this venture. My income is so low in my home state, I will not qualify..working out of state does. However I do read that assets count to make up the deficit, correct? Although my home took a tumble with the economy, I own a car free and clear worth about 13k.
So if I initially file for the boys from the home state, work out of state, should I return to my home state just before the AOS to my old job? Or can I change my address at that time if I keep the out of state job?
Also, when is the AOS filed, at the end of the process?
If their age is frozen, should I wait to file for them with this situation? ( I would like to do it now but dont want any problems) i.e. quartlery taxes, address, etc.

 

[Jackolantern]

The Affidavit of Support doesn't have that state-residence constraint like the citizenship process. As long as you are earning the money anywhere in the US, you're OK.

If their age is frozen, should I wait to file for them with this situation?

Their age is frozen only when you file for them. So if you delay the filing, you risk having your older son become 21 and get pushed into a slower category.

Also, when is the AOS filed, at the end of the process?

As I said above, it is to be filed after* I-130 approval. I-130 approval takes about 3-6 months. You will be contacted by the NVC when they need the Affidavit of Support.


*if your sons were inside the US filing for adjustment of status, the Affidavit of Support would be expected sooner.