AOS and I-864 Strategy


apiyer

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Here is the scenario:

1. I am a USC. My wife is currently on an L-1A Visa which expires 07/31/11. Her I-94 expires at the same time.

2. I have filed the I-485 package on June 6th, 2011.Would have been filed in May but I screwed up and used an old form.

3. I filed EAD and AP paperwork on July 6th, 2011.

I have asked two immigration attorneys these questions and have got two answers:

1. I am not concerned about I-130 approval because it is a slam dunk. No issues with the marriage (married over 2.5 years, lived together, have a child together, joint bank accts, insurance, etc.) and there are no criminal issues.

2. My concern is about I-485 and particularly I-864 because my income is mostly in the form of profits from partnerships and insurance commissions which can be huge one year and none the next. My wife gets a steady salary of $50K a year. I only had $3K in wages and around $9K in director's fees in 2010 tax year, but I have a major insurance case that might result in $250K in income this year (although nothing is final).

1. Question is, should I get a joint sponsor who has steady wage income, and if so, should I send in the paperwork now or at the interview? Won't it seem suspicious that we didn't submit the joint sponsor's information earlier?

2. Should we have her employer file L-1A renewal documentation before her visa expires on 7/31/11 as a backup (remember it costs $2500 more).

3. What forms do I keep ready for joint sponsor to sign?

4. If her I-485 is not approved, can she go back to her home country with an approved I-130 and get her green card there?

5. If she has an approved EAD, does she need to have a valid L-1A visa to utilize her income in the I-864 Affidavit of Support to meet the poverty guidelines?

Your help in resolving these is very much appreciated.

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