Affidavit of Support question.

[Steven F 0]

Hi

Apologies if this has already been asked a million times, but I really can't find anything that answers my specific question.

I've moved to the US and married my wife on valentine's day, and now I'm starting to sort everything out for the adjustment of status.

But there's a potentially huge problem. My wife recently, through no fault of her own, lost her job (the store she was working at closed). So now she is unemployed and obviously does not meet the income requirements. It is unlikely that she will find a new job within the next two and a half months, since she was off from her other job with a back injury that she can now no longer get treatment for since her medical insurance went with her old job. I know once the EAD comes through I can find work, so if I find work I can support myself, but since that gets filed the same time as the rest of the AOS stuff, that probably doesn't count. My mother also sends me money with which I am able to support myself to some extent, will that count? Other than that, I can't think of anything and I'm dreading having to go home again having gone through all this to get here.

I don't think it's fair to put all the burden of support on someone else.

Edited February 17, 2008 by Steven F

[lostinblue 1,989]

They will look at last years income tax. You may need a co-sponser now

[malego77 2]

You must look for a co-sponsor. And your spouse will sent an explanation letter about why she isn't working for now. And sent too the 3 last years of income tax. If it's possible she can get a letter from a doctor which explain her medical condition for which one she cannot work...

[rebeccajo 14]

There is no need to go home.

I see by your timeline you entered on K1 and married within the 90 days granted you. Your entry into the US was inspected and therefore legal; you have also fulfilled the terms of your visa.

You have two choices.

If you wish to file for adjustment of status immediately, your wife as your sponsor still completes I864 and produces her last year tax return as proof of income. She reports her present income (unemployment counts). If the unemployment is insufficient to meet the 125% US Poverty Guidelines, another individual must also sponsor you on a separate affidavit. By beginning your adjustment this way, you are able to file for Employment Authorization, which will speed your ability to begin looking for work.

Or you could wait and simply not file your adjustment until she is gainfully employed again. You will likely fall out of status, but you are not an 'illegal entrant' to our country. Your position is mildly tenuous but unlikely deportable as long as you stay straight with the law.

If you choose the first option, and you find legal employment by the time of your interview with USCIS, you can show your income on the affidavit. In other words, you could pull the prior affidavits completed by your wife and your joint sponsor. You and your wife could file a new affidavit.

However, if you are not interviewed, your have no option to let your joint sponsor 'off the hook' at that time. Anyone signing an affidavit on your behalf should be aware of this.

[Caladan 19]

Just as a data point, we did not send any proof of current income along with the I-864, just the previous year's tax transcript. Basically followed the instructions to the letter. (I went for a minimalist approach and the university wasn't able to give me an income letter until the start of the fall semester, so we figured that we'd be better off risking an RFE than delaying filing by six weeks.) No RFE, EAD approved relatively quickly.

I am not suggesting that she lie, of course, just that you might be able to file and get the EAD while she's looking for work. When it comes to the interview, if she has a job, you and she can update the information then. I think your best bet is to find a co-sponsor; your wife will have to be your sponsor, and still will bear responsibility for you. rebeccajo's advice is excellent.