Start the AOS process for USC parents

[dhlunar]

My wife should be getting her US Citizenship within a couple of weeks (the oath letter was sent today per the USCIS status update). She wants to sponsor her parents to get become LPR.

One of the big issues is I feel that they should do CP since I feel it is more ethical and cost effective, but my wife think that they should do AOS since it can be done faster and they can be here while it is done. Her parents have B1/B2 visas that expire in late October. If she does do the AOS way they would come before their visas expire.

Now here are my questions:
1. How long should my wife wait after they arrive in the US in order to file the AOS package for them?
2. If my wife filled an I-130 for them (after she becomes a USC) before they arrive in the US in case she wants to decide to go either AOS or CP, would that have an effect on her parents entering the US on their current visas or getting future visitor visas (if she does decide to go the CP route and it takes longer then expected) and wants them to come to "visit" while the I-130 are processing?

My last questions is in regards to sponsorship. In regards to the I-864, my wife makes enough money on her own to show she can support a family of four. However, we file our taxes jointly. How would we separate our incomes on the I-864 so that only hers is counted?

 

[newacct]

1. The amount of time is not the issue. The key issue is what they intend when they enter the U.S. If they intended to AOS when they entered, no amount of waiting time will be okay. If they didn't intend to AOS when they entered and things changed, it is okay no matter how short a time.

2. Yes, that will likely have an effect. They will need even stronger proof that they will return to their country.

 

[Jackolantern]

My last questions is in regards to sponsorship. In regards to the I-864, my wife makes enough money on her own to show she can support a family of four. However, we file our taxes jointly. How would we separate our incomes on the I-864 so that only hers is counted?

There are separate questions on the I-864: one for income as listed on the tax return, another for individual income of the sponsor, and another for the immigrant's income.

The individual income of the sponsor is the main thing they'll look at for determination of whether the 125% of the poverty line condition is met. If that income is enough they won't care about those other two income numbers and you won't be liable for anything.

So she should list the joint income where it asks for the tax return income, and list her individual income (from W2, 1099 etc.) where it asks for individual income.