Missing one of the w-2 form: while filling the petition two days ago 10/10/2011, unfortunately, one of the w-2 form was missing belonging to my joint sponsor which has a earning of $2000(his total annual adjusted income is $32,000), but the one which has the Adjusted gross income of $30,000 was present in the package. So what should I do? Should I need to wait for the response of USCIS or will it be wise to send them the w-2 form having the earning of $2,000 as fast as I can. I am assuming that it might not effect in the length of time for processing the green card since the poverty level for two of us is around $14,000 which will be cover by the w-2 form I am have inserted in the package. And also I have placed the social security number of the joint sponsor, so can USCIS get the information from that number?
Maria’s answer:
USCIS will not conduct an independent investigation to help you meet your burden of proof. Your sponsor can call the IRS and request a W2 transcript. It can take 30 days to get it. The number to call is 1-800-829-1040. Your sponsor can request the same by faxing in Form I-4506T and the IRS will send it to your sponsor by mail.
We recommend including the following documentation with your sponsor's I864 Affidavit of Support:
1) Last year's federal income tax return with all schedules
2) Last year's W2 wage statements and forms 1099
3) Most recent paystub showing current pay rate and YTD earnings
4) Employer verification letter addressing rate of pay and average number of hours worked per week.
You are right that your sponsor's adjusted gross income should exceed the requirement of 125% of the poverty guideline for the household size.
Is there any problem changing H1B to H4 status: This is my case, Iam under H1B VISA and on the process of extension, it is still pending result. My VISA expired last Aug 29, 2011. If the application will be apppoved that will be good but if not, I have to leave the country right?I am single yet planning to get married with an H1B holder. Should I just wait for the result or I have to get marry him before I leave the country and come back with H4 Status?Is it possible to marry him under the grace period?Is there any possible issues that will arise? As of now I dont know what to do.please advice.Thank You.
Maria’s answer:
The situation you are describing indicates that you have accrued 1 year of unlawful presence. Unlawful presence accrues starting on the date of the expiration date listed on your (4 card. If you depart after accruing 1 year of unlawful presence and then depart, you could be denied reentry for 10 years measured from the date of departure.
If your I94 card is expired and you marry an H1B, you are not eligible for an in-country change of status resulting from the untimely filing of the extension. A timely filing of extension or change must be made prior to the expiration date listed on the I94 card (sometimes different than the date on the Machine Readable Visa).
Because the situation you are describing requires departure from the United States to get back into lawful status, it is best that you consult an attorney competent and focused on immigration law to discuss a 212d3 waiver of inadmissibility and any other solution that may be available to you.
Father Died after Petition was approved: I am unmarried and over the age of 21. My father petitioned for me and the petition was approved. He was weeks away from being sworn in as a US Citizen when he passed away. What options do I have now? I am stuck. Please help
Maria’s answer:
I am very sorry to hear about the passing of your father. The good news is that you may be able to salvage the gift of the approved petition that he left you. The process is referred to as "humanitarian reinstatement" of an approved I130 Petition for Alien Relative. The petition needs to be reinstated because the law indicates that the petition is automatically revoked upon his death.
The USCIS has put out some guidance on how to apply for humanitarian reinstatement in a fact sheet: http://www.uscis.gov/files/pressrelease/I130AFM...
You'll need to prove among other things that you have a substitute financial sponsor that is a US citizen or Lawful Permanent Resident to take his place as your financial sponsor. You will also need to prove that there are humanitarian reasons to allow you to remain i.e. other family members in the US and that there is nothing for you to return to in your home country.