Really worried about AOS

[WarlocK 0]

Hi there,

My wife and I are just starting the application process for her IR-1 Visa. Most of the application parts look innocent enough, but I am very confused about the AOS. I currently reside in Japan, with my wife. I currently make about $27,000 a year, converted to US dollars. At this point I'm confused for several reasons:

1) I will quit my current job in Japan when (if) we move to the US. I read on the Embassy's web site that if I do this my income doesn't count for the AOS. Is this correct?

2) I have a job waiting for me in the States. I'm not sure the salary, but I know that it will meet the 125% poverty level requirement for a household of 2. Does this factor into the equation?

3) I will be briefly staying at my parents' house in the US when we return. This has been my permanent mailing address. The household size is much too large for my salary to cover, but I will be moving to a new abode shortly after returning. Unfortunately I don't have know exactly where, yet. Will I have to use my parents' household size for determining my ability to meet the AOS requirement?

4) If I have a joint (or co) sponsor, do they have to live in the same household as the one I'm using on my AOS?

If someone could help ease my anxeity, I would appreciate it very much. Thanks.

[Yodrak 7]

WarlocK,

1) Yes. Today's income does not pay tomorrow's expenses.

2) Possibly.

3) Perhaps you can resolve where you intend to live prior to preparing your I-864. Or see my response to your Q4.

4) Relatives who are living in your household can (should?) be Household Members rather than Joint Sponsors.

Yodrak

Hi there,

My wife and I are just starting the application process for her IR-1 Visa. Most of the application parts look innocent enough, but I am very confused about the AOS. I currently reside in Japan, with my wife. I currently make about $27,000 a year, converted to US dollars. At this point I'm confused for several reasons:

1) I will quit my current job in Japan when (if) we move to the US. I read on the Embassy's web site that if I do this my income doesn't count for the AOS. Is this correct?

2) I have a job waiting for me in the States. I'm not sure the salary, but I know that it will meet the 125% poverty level requirement for a household of 2. Does this factor into the equation?

3) I will be briefly staying at my parents' house in the US when we return. This has been my permanent mailing address. The household size is much too large for my salary to cover, but I will be moving to a new abode shortly after returning. Unfortunately I don't have know exactly where, yet. Will I have to use my parents' household size for determining my ability to meet the AOS requirement?

4) If I have a joint (or co) sponsor, do they have to live in the same household as the one I'm using on my AOS?

If someone could help ease my anxeity, I would appreciate it very much. Thanks.

Edited July 3, 2006 by Yodrak

[zixuandavid 0]

2. If the job meets the requirement, you should be fine. File with that income (include an employer letter stating the facts), and by the time of the interview, it should be well established that you are working there... you could bring an updated employer letter at the interview if this seems to help (ie: you got a raise).

3. That's good that you have 'domicile' established in the US... Since that has been your ongoing residence in the US, I would use that as the initial filing location (if you truly move prior to the interview, send in the appropriate form).

With the new Aff. of Support forms, you have more flexibility in terms of determining household size, etc... You would not want to include them in your household size unless you are using one of them as a Joint-Sponsor (in which case now their income can 'pool' with yours).

4. A J-S does not have to be a household member. The difference (besides living with you or not) is the form they fill out. Also, a J-S who is not a household member cannot 'pool' their income with yours; They must meet the guideline completely by themself. For this reason, the best case is a J-S who is a household member.

If the J-S is a household member, they are included in your household size and they fill out I-864a. If the J-S does not live with you, then fill out a I-864. In either case, you must fill out a I-864.

You can see the new rulings on the forms here.. This is a Q&A, but a link is in there for the full write-up.

http://www.uscis.gov/graphics/publicaffair...pp_062106QA.pdf