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  1. #1
    Join Date
    Feb 2010
    Posts
    3

    Default AOS While on J-1

    Hello! A few questions!

    I am on a J-1 visa that will still be valid until May 20th of this year. I got married to a US citizen during my stay here on that visa (in September 09). I now am planning on filing both the I-130 and I-485 together before the end of February (hopefully!).
    Will I be allowed to stay in the US while my application is sent and waiting for approval? I'm very afraid to overstay and face some sort of ban.

    Also, I'd like to file (at the same time) for an I-765 Form in order to work while my AOS is pending. Do I have to pay for the I-765 on top of the I-485 and I-130 filing fees?

    Thanks a lot in advance, you guys are of HUGE help to me.

  2. #2
    Join Date
    Feb 2010
    Posts
    3

    Default Re: AOS While on J-1

    I think I got my answers:

    I will be "AOS Pending" while my application is being filed so I will be allowed to overstay my visa.

    Also, if I make sure to file the I-765 at the same time as the I-130 and I-485, I shouldn't have to pay for filing fees.

    I hope that will help some more lost people!!

    -------------------------------------------------------------------------------------------------------------------------

    Now I have one other question:

    For the I-864ez (Affidavit of Support), my husband (my sponsor) was exempt from filing taxes in 2007 and 2008 (he was a full-time student and was supported almost fully by his parents).

    Does he have to justify his exemption when we file for the I-864ez? Or is it ok if we only attach his current employment letter, his 2009 tax information and his recent pay stubs; an write "N/A" for the 2008 and 2007 lines of question 19. Federal income tax information?

  3. #3
    Join Date
    Feb 2010
    Posts
    3

    Default Re: AOS While on J-1

    Also, the tax information that we need to provide, is it the W-2 form that our employer gave us in January? Or is it some paper that the IRS sends us AFTER we file our taxes?

    Since we are still waiting for our 2009 tax papers (we filed last week), do we need to wait to have them in the mail before being able to send our application for AOS?

    Also, can anyone tell me what is, to this day, considered "the most recent tax return"? 2009 or 2008? Because if it is 2008, that would make things easier.

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