Marriage -> Job Loss -> AOS??

[eve0318 0]

ask a friend who is willing to help you with the i-864 to co sponsor.....i know 2 couples who asked a friend to co sponsor and they're aos was approved.

[Scafidi454 22]

ETA: If you already made over $19,000 for this year, you might still be a suitable sponsor. The risk is if you are not, they will ask you for a co-sponsor, and give you a limited time to find one. You might send it in now (that is if you already made over the 125% poverty line) and have a co-sponsor lined up just in case.

What a concept! Who even thinks about that!

Can I use assets to supplement my year-to-date income?

Would a family member who is about to sell their home (balancing out their mortgage) qualify? I mean, I know my grandma would help me. She loves Anastasia, and she loves me!

She has a condo, but she's about to sell it (down shifting / in a way). The main point is, it's worth well over the household requirements for two people.

Oh, also, please forgive me for not looking at the forms before asking this question, but does the co-sponsor contribute to the household size?

If my grandma doesn't work out, I can try my grandfather.

I just don't want anyone else to have such a great legal obligation with the I-864, if something were ever to happen between she and I.

I'm less apt to ask my grandfather, because he and I are not as close (free talking terms) as my grandmother and I are (original grandparents separated 40+ years ago)... I guess now's a great time to get apt!

[Scafidi454 22]

If you apply for an EAD without the AOS, it will expire when her I-94 does.

How do I find out the expiration on her I-94?

What is an I-94, and what does it provide? (I'll look those two up myself... later)

[KayDeeCee 4,893]

What a concept! Who even thinks about that!

Can I use assets to supplement my year-to-date income?

Would a family member who is about to sell their home (balancing out their mortgage) qualify? I mean, I know my grandma would help me. She loves Anastasia, and she loves me!

She has a condo, but she's about to sell it (down shifting / in a way). The main point is, it's worth well over the household requirements for two people.

Oh, also, please forgive me for not looking at the forms before asking this question, but does the co-sponsor contribute to the household size?

If my grandma doesn't work out, I can try my grandfather.

I just don't want anyone else to have such a great legal obligation with the I-864, if something were ever to happen between she and I.

I'm less apt to ask my grandfather, because he and I are not as close (free talking terms) as my grandmother and I are (original grandparents separated 40+ years ago)... I guess now's a great time to get apt!

What you already made this year won't satisfy the affidavit of support. You are currently unemployed and currently have an annual income of $0. See this thread, it explains all about it: http://www.visajourney.com/forums/topic/360393-made-enough-this-year-but-now-unemployed/

You can use assets. They need to be 3 times the shortcoming in income, and since you have no income at the moment, you would need a minimum of $56,736. Your joint sponsor would need their assets to be 5 times their shortcoming in income. If using assets only, for a household of 2, that would be a minimum of $94,560.

You fill out your own I-864, and your household count is you, any children and dependents claimed on your taxes and your wife. Your joint sponsor fills out their own I-864 and their household size counts them, any spouse, any children and dependents claimed on their taxes plus your wife. Here are the guidelines for household size: http://www.uscis.gov/files/form/i-864p.pdf

Here is what it states about using assets from the I-864 instructions:

"Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset."

How do I find out the expiration on her I-94?

What is an I-94, and what does it provide? (I'll look those two up myself... later)

The I-94 is the arrival-departure document your wife received when entering the US using her K-1. It should be stapled in her passport. She will need this to file AOS. It controls her status in the US and is good for 90 days, the time you are given to get married after entry with a K-1.

[Scafidi454 22]

The I-94 is the arrival-departure document your wife received when entering the US using her K-1. It should be stapled in her passport. She will need this to file AOS. It controls her status in the US and is good for 90 days, the time you are given to get married after entry with a K-1.

First, thank you for the great post!

Second, I was told that there is no real "time limit" on getting the AOS done - But now, from what you've stated, I have only the original 90 days to do AOS or [what] will happpen?

[Scafidi454 22]

bump

[Caryh 5,206]

First, thank you for the great post!

Second, I was told that there is no real "time limit" on getting the AOS done - But now, from what you've stated, I have only the original 90 days to do AOS or [what] will happpen?

She is out of status until she files for the AOS and gets an acknowledgement that her AOS was applied for. She is accumulating out of status days which will be forgiven when she applies for the AOS because she's married to an USC. She could be detained by ICE, but when she gets a hearing, the judge will order you to adjust status. I'm not sure what the odds are of getting detained where you live, where I live its darn near zero. Some people will tell you there is no rush and wait as long as you want. But she will not have any legal status, she could end up in lockup for not status, and of course she can not work, get ID, get a SS card, drive, or get credit for time in country towards citizenship until she has the green card.

[KayDeeCee 4,893]

First, thank you for the great post!

Second, I was told that there is no real "time limit" on getting the AOS done - But now, from what you've stated, I have only the original 90 days to do AOS or [what] will happpen?

Marrying in the 90 days satisfies the requirement of the K-1 visa and allows them to adjust status based on that marriage to their USC petitioner/spouse. There is no deadline to file for AOS.

However, you will be out of status and accruing unlawful presence after your I-94 expires. When you file for AOS, you then enter a period of authorized stay and the overstay clock stops ticking. When your green card is approved, the overstay no longer matters.

The foreign spouse cannot get a drivers license/state ID, work or travel internationally without filing for AOS. So, besides the overstay situation, it is best to file as soon as possible. Many people file a few weeks to a few months after their I-94 has expired and have no problems in doing so.

[Scafidi454 22]

What you already made this year won't satisfy the affidavit of support. You are currently unemployed and currently have an annual income of $0. See this thread, it explains all about it: http://www.visajourney.com/forums/topic/360393-made-enough-this-year-but-now-unemployed/

You can use assets. They need to be 3 times the shortcoming in income, and since you have no income at the moment, you would need a minimum of $56,736. Your joint sponsor would need their assets to be 5 times their shortcoming in income. If using assets only, for a household of 2, that would be a minimum of $94,560.

Do you know where I can find this information, specifically, on one of the USCIS or USDOT webpages?

I just want to have all of my ducks in a row before I ask for support from family.

[Scafidi454 22]

Umm..

Ok, thanks for the replies.

I guess I was confused, because nowhere did I remember reading it being stated that one had to have currentemployment. (My bad if I missed it..)

Just that one must satisfy the annual %125 over the poverty line on annual income.

AS AN EXAMPLE:

--------------------

Let's say one had $5,000 in savings and have met the annual income of %125.

Are you then saying that since one does not 'officially' have an employer, the %125 over annual income that one previously made is now null and void?

If that's the case one would then need to go by assets? (If no cosponsor)

Without a cosponsor, it would be 3x(Immediate Family/Spouse) the %125 annual income poverty line: $18,912 x 3 = $56,736

So one would have to come up with $51,736 (as $5,000 already exists in savings)

--------------------

Sound about right?

Self-Employed Cosponsor for I-134:

If one were to have a self employed cosponsor in relationship to the above situation, what would the cosponsor have to provide?

• Prior years tax transcripts

• Proving what amount of income over the poverty line?

There is married(to be) couple and cosponsor, would the Sponsor's Household Size increase 1(because of cosponsor) and it then be 3X the %125 poverty level?

-Meaning, if a Cosponsor were involved the total amount of yearly income the cosponsor would need to exhibit would be $23,862 ??

Thanks for all the help in advance in understand this stuff.

According to that example, can the co-sponsor and I show assets that equal to the approximate $95k that would be needed? Or, would I have to meet the approximate $56k, and then the co-sponsor meet the approx. $95k in assets (totaling around $151k in assets)?

[KayDeeCee 4,893]

Do you know where I can find this information, specifically, on one of the USCIS or USDOT webpages?

I just want to have all of my ducks in a row before I ask for support from family.

The info about assets? They can be found on page 9: http://www.uscis.gov/files/form/i-864instr.pdf

According to that example, can the co-sponsor and I show assets that equal to the approximate $95k that would be needed? Or, would I have to meet the approximate $56k, and then the co-sponsor meet the approx. $95k in assets (totaling around $151k in assets)?

The only way to combine income/assets is to actually reside with a qualifying household member (related to you as a spouse, adult child, parent or sibling). You would have to meet the requirement for your household size, or your joint sponsor would have to meet the requirement for theirs separately.

[Scafidi454 22]

The only way to combine income/assets is to actually reside with a qualifying household member (related to you as a spouse, adult child, parent or sibling). You would have to meet the requirement for your household size, or your joint sponsor would have to meet the requirement for theirs separately.

So, how would showing that the co-sponsor has enough assets for their family size only (not including my wife or myself) work for immigration purposes since I am the one who is supposed to be able to support the beneficiary?

[KayDeeCee 4,893]

So, how would showing that the co-sponsor has enough assets for their family size only (not including my wife or myself) work for immigration purposes since I am the one who is supposed to be able to support the beneficiary?

They have to have enough for their own household size plus your wife included in their count. So, if they are single with no dependents, then a household of 2. If they are married, no other dependents, then a household of 3. They are signing the affidavit and agreeing to sponsor the intending immigrant.

[Scafidi454 22]

They have to have enough for their own household size plus your wife included in their count. So, if they are single with no dependents, then a household of 2. If they are married, no other dependents, then a household of 3. They are signing the affidavit and agreeing to sponsor the intending immigrant.

Thank You - I think I've gotten what I need to reach out now.

Edited July 8, 2012 by Scafidi454

[Scafidi454 22]

Sorry, one last thing, would the co-sponsor be able to use their income to qualify, provided they meet the poverty guidlines?