Affidavit of support - Can't find a joint sponsor

[jhunjhun 7]

I came here in USA as a visitor without any visa at all just my passport only. Canadian visitor doesn't need a visa because we're exempted based on what I've read for travelling to USA. I haven't received any I-94 form upon my arrival in USA. We got married unexpectedly. We're planning to file all the forms for my AOS. However, my wife's income was my concern due to the fact that her income from last recent years were below what was the required (poverty guideline income). She left her previous employer(2007) and got 2 jobs this year(march 2008). She's been working there for 5 months. I looked up her pay stabs from her current employer and yet her income is still below the poverty limit. I've estimated her income and I believe that when my wife will work in her 2 jobs for 3 more months, I'm very sure that her income will equal or above the poverty guidelines. But my concern was this, I have no idea if her current income (2008) will be counted towards for my application in sponsoring/petitioning me as her husband even it's not yet time to file 2008 income tax return. I was wondering if the letters from her employers will be helpful. Her 2007 income was below the poverty guidelines. Nobody here in the states we can ask to volunteer to be her joint sponsor. What would be the best steps to take? I started to wonder that, if our application will be likely denied by USCIS due to affidavit of support, insufficient income. The filling fee is useless (non-refundable).

Also, i started to wonder what if we will be filling all of my AOS foms and when the USCIS will find out that the income of my wife from recent years were below the poverty limit, do you think they will ask for a joint sponsor? Or if they found out that my wife's income were not sufficient, do they deny our application on the spot or they will let us know to find a joint sponsor? I started to wonder as well if the immigration concern is the income that she filed from last recent years or the current income that she's making right now for this whole year(2008). What does the 2007 tax return do to make a petitioner to qualify for petition? Aren't they looking for what is current situation? I just want to compare, what's the difference between filing all of the AOS forms to immigration and this person have met the income requirements based on his or her 2007 income tax return and later on when all forms received by immigration and something happened unexpectedly to the job (s) of the petioner and make income less than what he or she is making from last year(2007). What is really important to reconsider? the previous income that all slipped out from your pocket and gone or an income that your making right now(2008)? It's weird. I felt very duress.

Do you think it would be better not to file all of those forms? Do I need to go back to Canada and wait for next year to start the petition, may be by March or april 2009. I don't want to stay here in the US elligally, I've never broke a law before and don't want to break any law in the future. I been here in the US for more than 2 months now. Do you have any suggestion of what would be the better steps to take without compromising ourselves. I'm hoping that there is a way to go through this. I'm always praying that God will makes things possible for us. Help pls.

[Eric-Pris 1,606]

Do I need to go back to Canada and wait for next year to start the petition, may be by March or april 2009.

If you go back to Canada, your wife will have to file a K-3 or CR-1 visa petition. It will take about 6-9 months (I think) to get that approved for you to come back to the US legally. If you came back as a visitor with the intent to adjust status, you would be committing visa fraud. You would probably be denied anyway, since they would notice that you got married in your last visit, so you came to the US this time with intent to immigrate.

[payxibka 10,045]

While historical is the basis or starting point, if you look at the I-864 it asks for current annual income... You will need to document that very well to get them to shift the emphasis from the historical to the current... Also, if after you submit and you are approved for EAD, get a job immediately!!! If the I-864 you file now is deemed inadequate then you possibly will have the opportunity to adjust and add your income if you are working

Edited October 9, 2008 by payxibka

[jhunjhun 7]

Is it possible that an immigration will issue a AED even my wife's income is not sufficient? Or they will deny my application without letting us know. I'm very certain that the income of my wife for this whole year is sufficient, however, her last 2 years income based on her income tax return were not sufficient. Does the immigration will consider my wife's income that she's making this year? She left her last year employer and got 2 jobs and been working there for 4 months. She wants to ask a letter of employment from her 2 employers about her employment status and how much she's making. Do you think this will be considered? We can't find someone to volunteer to be our joint sponsor, since my wife doesn't have family here in USA. How can we convince the immigration that we will never become a burden or onus to the government. My wife's income that she's making right now is enough for us, but the immigration wants to know her previous income. We were certained that when an immigration will look up her previous income it will be a problem 'coz my wife's income from precious years were below the poverty limit. When my wife is going to file her 2008 income tax return it will be above the poverty limit. But filling 2008 tax return is not yet, and it will be in 2009 (march). Do you have any idea how to convince the government that we are not become a burden to the government. When immigration will issue a AED, I can work right away since I'm college graduate from Canada. What would be your suggestions? Thanks a lot.

[payxibka 10,045]

An I-864 is not required for the I-765 application... If the I-765 is approved before any RFE for the I-485 then the answer is YES they will.

Current pay stubs, 2008 YTD earnings calculations or records and employment letters will be critical evidence

Edited October 9, 2008 by payxibka

[jhunjhun 7]

We don't want to take a 50/50 chances to wait until the immigration will inform us to submit an affidavit of support from our joint sponsor. My wife's income right now is still below the poverty guidelines when I looked up her current pay stubs. since she's been working there last March 2008 and May 2008 and If she will work for 3 more months, I'm very sure her income will be equal or above the poverty guidelines.

Do you think if I'm going to file my application for AOS to the immigration, does the immigration will deny my AOS application due to insufficient income? Which one they will consider first? Are they going to give me an AED? When they will let us know about the result of our application?

Do you really think that letter from her 2 employers will really help? Help pls..what are the chances on this matter?