unemployed but over poverty guidelines

[butiki2 0]

my fiancee is here and we are getting married this sunday, august 27th. I planned on filing her Adjustment of Status before we go over 90 days (which happens next wednesday, august 30th) but have some concern regarding the affidavit of support.

We recently relocated to Arizona from Califonia and i have yet to find a job. I worked until mid july and my income for the year is already above the poverty guidelines. My last 3 years of tax returns also support that my income has been above the poverty level.

Can i file now based on the income already earned? Can i use the 864ez? If that isnt sufficant i have an IRA valued at 125K. Can an IRA be listed as an Asset on the 864?

I was under the impression that i need to file for adustment of status before her k1 goes over 90 days, however recent posts seem to indicate other wise. Should i just wait until i have a job before filing?

[john_and_marlene 162]

my fiancee is here and we are getting married this sunday, august 27th. I planned on filing her Adjustment of Status before we go over 90 days (which happens next wednesday, august 30th) but have some concern regarding the affidavit of support.

We recently relocated to Arizona from Califonia and i have yet to find a job. I worked until mid july and my income for the year is already above the poverty guidelines. My last 3 years of tax returns also support that my income has been above the poverty level.

Can i file now based on the income already earned? Can i use the 864ez? If that isnt sufficant i have an IRA valued at 125K. Can an IRA be listed as an Asset on the 864?

I was under the impression that i need to file for adustment of status before her k1 goes over 90 days, however recent posts seem to indicate other wise. Should i just wait until i have a job before filing?

The income requirement is just that...income. Your current income is 0. Past earnings can show that you have been earning over some amount in the past, but the more important indicator of your ability to support your spouse is current income which you don't have. I would wait until you have a new job and can show current income to meet the requirement. You can use the 401K as an asset to meet the requirement if it is convertible to cash readily. If you use income instead of assets, you will need a current letter from your employer.

There is no requirement to file the AOS within the 90 days.

[Peter Miami 0]

I would wait if I were you.

Good luck,

Peter Miami