need help with AOS petition

[raz_vic_82 0]

hello , i will marry my fiance in 2 weeks she is a US citizen and currently she is unemployed her benefits are about $1600 /month and she has been unemployed since April this year , she has about $10.000 income prior to that(for this year )and an average of $28.000 for the past 5 years .Can she sponsor me in order to adjust my status and get a GC? or do i have to find a sponsor? we were thinking to file the immigration documents in February next year after we do our joint taxes.My status is an overstayed b1/b2 visa for about 1 year.Thanks for your response.

Edited November 6, 2010 by raz_vic_82

[Kittyfang 6]

hello , i will marry my fiance in 2 weeks she is a US citizen and currently she is unemployed her benefits are about $1600 /month and she has been unemployed since April this year , she has about $10.000 income prior to that(for this year )and an average of $28.000 for the past 5 years .Can she sponsor me in order to adjust my status and get a GC? or do i have to find a sponsor? we were thinking to file the immigration documents in February next year after we do our joint taxes.My status is an overstayed b1/b2 visa for about 1 year.Thanks for your response.

Hey there!

Whether the U.S.C. (wife, in this occasion) can financially support the beneficiary (according the USCIS' guidelines) or not, they have to file an I-864 (affidavit of support). If she doesn't meet the current guideline (125% over poverty limit; limit that changes depending on how many people are in the household), you can try to find a co-sponsor. The co-sponsor will be under the exact same guideline as the U.S.C.; meaning that they will have to be over 125% of the poverty limit for their household size plus you.

If you are going to wait until she files for taxes, you should know that even tho you are not a G.C. holder and even tho you (most likely) do not work, you can apply for an ITIN. An ITIN is a tax number given to people who cannot receive a SSN. With this, you can file taxes Jointly, as Married. You can also go back 3 years and adjust those taxes, if you were married to this U.S.C. but didn't file for various reasons.

Edited November 6, 2010 by Kittyfang

[raz_vic_82 0]

Hey there!

Whether the U.S.C. (wife, in this occasion) can financially support the beneficiary (according the USCIS' guidelines) or not, they have to file an I-864 (affidavit of support). If she doesn't meet the current guideline (125% over poverty limit; limit that changes depending on how many people are in the household), you can try to find a co-sponsor. The co-sponsor will be under the exact same guideline as the U.S.C.; meaning that they will have to be over 125% of the poverty limit for their household size plus you.

If you are going to wait until she files for taxes, you should know that even tho you are not a G.C. holder and even tho you (most likely) do not work, you can apply for an ITIN. An ITIN is a tax number given to people who cannot receive a SSN. With this, you can file taxes Jointly, as Married. You can also go back 3 years and adjust those taxes, if you were married to this U.S.C. but didn't file for various reasons.

thanks for your quick response she would meet the minimum poverty line i am just concerned on the fact that now she is unemployed

[Kittyfang 6]

thanks for your quick response she would meet the minimum poverty line i am just concerned on the fact that now she is unemployed

I'm not as knowledgeable as other members of this forum, but I think that, as long as she meets requirements, she can sponsor you. I doubt the source of the income (wages, disability, etc.) matters, but I could be wrong.

Hopefully, someone more knowledgeable will come along and shed more light on the subject.