K-1 Approved..AOS declined due to Sponsor :(

[john&lindsey 0]

Well… As you see in my topic… My fiance' was granted his K-1 Visa in June…. Went to London and the embassy looked over my Sponsorship papers and approved me. I had just started the job and only had a few weeks of pay stubs. NO PROBLEM…. Approved me as sponsor. So…. He gets his Visa the following week and he comes and we get married LOVELY…. I was in the middle of switching jobs again the week that we sent off for his AOS/ Travel / Work permit. I was staffed at both of my jobs by a temporary agency. I had fulfilled my 3 months with the first company and I had a decision I could stay there or quit…. I chose to find a different job. I gave my notice to my staffing agency (who did my weekly paycheck) and they said that they want me for another job that is also a "temp to hire" position. Over the 3 months I got to know the ladies and they opened a door for me to interview for a job that was a few dollars an hour more than I was making at the first place they found for me. I interviewed and was asked to work there. I agreed. So… That week I applied as my husbands sponsor I let them know my income… what I was making an hour and that I was going to be making more starting the next week. When I applied I was making $11.00 an hour and had proof that I was assigned 40 or more hours per week. I also had my divorce decree that I was making at least $300.00 a month in child support. I ALSO had a letter from my employer of the last 5 years stating that I make at least $200.00-$500.00 a month doing contract work for them. So….. If you add up all of these… I qualify as the sole sponsor. Well.. My new job was that following week and my starting pay was $14.00 per hour with at least 40 hours per week with over time as required. The letter I sent in was stating my pay and hours worked but said I was a "temporary" worker seeing i was a temp to hire. So….. after reading all of this… I was declined as his sponsor. They said I had to provide assets and so on……. which I don't have….. or get a joint sponsor. When I called asking why I was declined and told the gentleman my hourly wage and that I was a temp to hire… he said that I need to write a letter back to them to see if they can review it again. They could not tell me how much I was lacking….. that I had to prove.. I said is it 1 dollar or the 24 grand that I was supposed to prove… and he could not tell me how much…… So……. I have to provide 5 times above the poverty rank…. but they can't even tell me the amount. So… Has anyone been declined as a sponsor because they were working through a temp agency and they may not consider that a real job? I was hired on at the company IO was placed at on October 1st and was given an increase in wage as well (Praise God…. been a ROUGH year!) lol… So I sent in that I currently make well over the poverty guideline not including my child support and my earning I get doing contract work. Do you think they will decline me again seeing I was a temp worker when I applied? Any support or experiences that could help me through this would be appreciated. I am bitting at the nips over here for them to view everything at the National Benefits Center (wherever that is lol) …. and my husband REALLY needs to be able to work… Has anyone been declined as sponsor before then they come back and approve them without assets (money/property…ect) I have no money (since I have been the only one working now for 8 months) and been supporting 3 people…. and I own my house but it costs like 700 dollars for an appraisal… and it wont appraise but for like at the most 10 grand over what I owe on it…. I'm nauseous… ready for this to be over…. please help a sista' out! Thank you!!!!

[Ryan H 3,812]

Moved from K1 Process & Procedures to Adjustment of Status from Family Based Visas forum.

[didopage 337]

Get a joint sponsor if you can, it will be way easier.

Has your husband applied for an Employment Authorization Document (temporary work document, I-765)? It is free when filed with AOS or when an AOS application is pending, and it is usually approved in 2-3 months.

[tempa 1]

quickly clansing at poverty guidelines, you should earn 23750+ to qualify.

if your hourly is 14, that should be more than enough.

the problem is not that you are temp to hire but more likely that you had no qualifying history.

at the moment, you should already have a paystub or two.

give them copies of those, get a letter from the temp agency stating that you are hired at what ever salary.

calculate in your childsupport as, as far as I know, it's income for this purpose as well.

attach a letter explaining with your own calculation how you think it is more than enough and ask for another rfe or further guidance if this is not enough for them.

just my two cents.

edit, you write declined...

was your AOS actually declined or did you just get an RFE?

two totally different things with two totally different ways to solve.

Edited October 23, 2012 by tempa

[ceadsearc 516]

A temp job won't work because there is no guarantee it will continue until you've been hired on full time. Unless your employer can attest to that (the company, NOT the temp agency), it won't work. Additionally, USCIS sometimes requires that you met the poverty guidelines in the calendar year, particularly with new jobs or when you've changed employment. Meaning if you make $40,000 a year but started in November and only made $3,000 this year, that won't be good enough.

You will need to either get a joint sponsor or use assets. You will need to show you have assets of 3x the guidelines.

I am confused though ... Did you not get an RFE first before you were denied?