i-864 assets

[Dontwakemeupyet 0]

I recently got married to a Japanese national on an F-1 student visa. He has completed his master's degree and is now in the last month of his Optional Practical Training. We have begun paperwork so that he can become a permanent resident. Form i-864 is what's killing us. I work at a part time job where I make about the poverty level for one person. He has always had his parents deposit his living expenses plus tuition for college into his account at some point during the year in a lump sum of about $10-15K. This has happened ever since he started college in America in 2003. Right now we don't have the assets or income to cover the 125%. His parents want to deposit a lump sum for us into his account to help with all that and they don't expect it back, so it is basically them depositing his living expenses again. I have been reading about how the USCIS has seen everything and that a sudden large amount of money like that would look suspicious. We got married literally last week, so the gift from his parents would be very shortly after our marriage. Also, he has a job lined up for when we get the first of the forms turned in (i-130, i-485, and i-864, etc) and it would cover both of us completely. I don't really think that matters at this point, though. I forgot to add that he has a paper trail for all the other years when his parents deposited the money. What do you think?

Thank you in advance.

[Penguin_ie 5,997]

**** Moving from CR-1 spousal via to AOS from Student visa as OP's new husband is in the USA on OPT ****

When you say he has a job lined up, do you mean for after he gets the work permit? Or that is OPT job is keeping him on? If the later, that may count.

Not sure on the assets- it may work, and you seem to have no other choice right now. I would try it (make sure you have a letter from his parents congratulating you two on the marriage and mentioning their wedding gift). The other option would be a co-sponsor, have you truly asked everyone for help (friends, co-workers, church family, distant relatives etc)?

[Dontwakemeupyet 0]

He will not be staying on at his OPT job because they do not actually pay him, so it would be after work permission. He has a job lined up elsewhere that would pay him a salary and he would be a full time employee.

I will talk to him about getting a letter from his parents.

I have not truly asked everyone. When I asked my parents they said that they could not afford to pay my husband $10,000 a year to meet the poverty level if something bad happened to him and he was unable to work. I am going to ask other people today, but my family is weird.

[Harpa Timsah 13,258]

Your family misunderstands the agreement if they think they have to pay him $10000 every year.

[NigeriaorBust 4,087]

Do either of you have a US resident family member or friend that would co sponsor ?

[Dontwakemeupyet 0]

My parents are imagining the worst case scenario in that my husband is injured badly enough or become so ill that he cannot work and earn enough money to support himself. They believe that they will have to pay for him in that scenario. If there is a better way to explain it to them, please tell me and I will forward it to them to clear things up.

We are checking with our friends and other family members, but my family tends to be weird about immigration and interracial marriages, so I'm not expecting much. My husband is going to check with his friends and we are going to try explaining his situation again to a possible employer in his field of study that refused to sponsor him for a work visa.

[Anh map 2,098]

My parents are imagining the worst case scenario in that my husband is injured badly enough or become so ill that he cannot work and earn enough money to support himself. They believe that they will have to pay for him in that scenario. If there is a better way to explain it to them, please tell me and I will forward it to them to clear things up.

We are checking with our friends and other family members, but my family tends to be weird about immigration and interracial marriages, so I'm not expecting much. My husband is going to check with his friends and we are going to try explaining his situation again to a possible employer in his field of study that refused to sponsor him for a work visa.

Have your parents read the sponsor's contract. Also, you as primary sponsor will be sued to recover before any joint sponsor will be approached.

[Dontwakemeupyet 0]

They have read it many times, they said, but they cannot get around thinking that they will have to pay for my husband.

[Anh map 2,098]

They have read it many times, they said, but they cannot get around thinking that they will have to pay for my husband.

Sounds like a tough sell with the parents. Not the best way to say "welcome to the family." I've been down that road. Nothing but time can help that to change.

Is there a reason you cannot get a full time job or another part time job to meet the income requirement?

[Dontwakemeupyet 0]

Well, I could definitely get another part time job, but he enters the 60-day grace period at the end of this month. Wouldn't he have to leave the US?

[Anh map 2,098]

Well, I could definitely get another part time job, but he enters the 60-day grace period at the end of this month. Wouldn't he have to leave the US?

The overstay will be forgiven. He can't leave the US until the GC is issued.

[ktb 15]

If you have a co sponsor then you don't have to include your own assets on your I-864, correct?

[Anh map 2,098]

If you have a co sponsor then you don't have to include your own assets on your I-864, correct?

Correct. Here the OP is having trouble securing a joint sponsor.

[Dontwakemeupyet 0]

I have good news My best friend's mom is going to sponsor my husband. I am so thankful. And relieved. It makes me so sad, though, because she has only met my husband once, and she immediately said yes to us, while my parents, who have met him many times and were present at our wedding said no. I will never understand.

Thank you for all your advice! I am sure I will be on here more as we get deeper into the paperwork. Thank you again.