So we have a situation.

[jbel 3]

We're filing our adjustment of status a bit late, but that's fine and not what I'm worried about.

When we embarked on our POE months and months ago, my husband was gainfully employed (then fiancé) and had no issues with finances or money or anything like that. Shortly after we were married (two weeks later) he was laid off, and this has started a trend that lasted eight months.

Fast forward to the end of last September. We had asked my in laws to sponsor us. They had agreed. Yay, all is fine and dandy.

Fast forward to a couple of days ago, father in law calls: "Hey, I'm not sponsoring you so suck iiiiiit." Or something like that. Maybe that wasn't his exact wording, but that was what it sounded like in my head. There are no other options for sponsorship.

He passed on legal advice from his lawyer, saying that everything was still possible even though my husband's current income is FAR below the 125% poverty guideline. He suggested to include a letter with the fact that we receive our housing for free, the savings of which brings us up to above the suggested 125% of the poverty level.

I'm skeptical. At this point I want to pack this ####### situation in and just get my husband his PR in Canada, which would be fairly easy to do. Had I but known before we got me here. That's neither here nor there... What I am asking is do any of you who have been in a similar situation/know of a similar situation had a positive outcome? I don't want to sink a thousand bucks into a prospect that will, in the end, be a useless and unfruitful venture. My husband refuses to be separated from me again, which I completely understand and agree with. If it needs to happen, though, I'm willing to move BACK to Canada just so I can work to bring him there. I'm willing to take him with me. I don't care. As long as things go appropriately. I already have a deep understanding of how Canadian spousal immigration works. It could be a done deal. So - Plausible AOS approval or just useless to even try?

My thanks in advance. <3

[KayDeeCee 4,893]

He needs proof of ongoing income and/or liquid assets that meet the requirement. A statement that he pays no rent or mortgage is not going to satisfy that requirement.

[jbel 3]

I trust the words of VJers about 100% more than I trust a random lawyer I've never met. I think the same as you do, I can assure you.

[Brother Hesekiel 2,236]

Your only chance is to make up for the deficiency with assets at the rate of 1:3 or find another co-sponsor. A bit weird that your husband's father did such a radical change at the 11th hour. I wonder why. Only your husband and you will be able to find out.

[jbel 3]

He is a rather strange sort of man, and a business man at that. He asked his lawyers about it, they told him no DON'T DO IT. The proceeded to come back with that ridiculous advice.

[aaron2020 11,651]

We're filing our adjustment of status a bit late, but that's fine and not what I'm worried about.

When we embarked on our POE months and months ago, my husband was gainfully employed (then fiancé) and had no issues with finances or money or anything like that. Shortly after we were married (two weeks later) he was laid off, and this has started a trend that lasted eight months.

Fast forward to the end of last September. We had asked my in laws to sponsor us. They had agreed. Yay, all is fine and dandy.

Fast forward to a couple of days ago, father in law calls: "Hey, I'm not sponsoring you so suck iiiiiit." Or something like that. Maybe that wasn't his exact wording, but that was what it sounded like in my head. There are no other options for sponsorship.

He passed on legal advice from his lawyer, saying that everything was still possible even though my husband's current income is FAR below the 125% poverty guideline. He suggested to include a letter with the fact that we receive our housing for free, the savings of which brings us up to above the suggested 125% of the poverty level.

I'm skeptical. At this point I want to pack this ####### situation in and just get my husband his PR in Canada, which would be fairly easy to do. Had I but known before we got me here. That's neither here nor there... What I am asking is do any of you who have been in a similar situation/know of a similar situation had a positive outcome? I don't want to sink a thousand bucks into a prospect that will, in the end, be a useless and unfruitful venture. My husband refuses to be separated from me again, which I completely understand and agree with. If it needs to happen, though, I'm willing to move BACK to Canada just so I can work to bring him there. I'm willing to take him with me. I don't care. As long as things go appropriately. I already have a deep understanding of how Canadian spousal immigration works. It could be a done deal. So - Plausible AOS approval or just useless to even try?

My thanks in advance. <3

The letter is not going to work. Everyone can get a friend or parent to write a letter saying he/she is proving free housing.

If your husband's current income does not meet the poverty line and you cannot get a Joint Sponsor, then you cannot get a green card.

[Moomin 292]

You could be living in a card box or a mansion - USCIS looks at income excluding whichever expenses you might have. Free housing can stop just as sudden as not having a job. However, the job brings in income, not free housing.

I'd suggest finding a job outside your husband's skills and simply settle with that until he has enough paystubs. Keep looking for relevatn jobs meanwhile. If you have no other way, then settle for less.

Submit AOS, hope to get EAD and start working. If you have an interview, bring updated I864 and I864A with your income on as well.

[Gary and Alla 3,694]

We're filing our adjustment of status a bit late, but that's fine and not what I'm worried about.

When we embarked on our POE months and months ago, my husband was gainfully employed (then fiancé) and had no issues with finances or money or anything like that. Shortly after we were married (two weeks later) he was laid off, and this has started a trend that lasted eight months.

Fast forward to the end of last September. We had asked my in laws to sponsor us. They had agreed. Yay, all is fine and dandy.

Fast forward to a couple of days ago, father in law calls: "Hey, I'm not sponsoring you so suck iiiiiit." Or something like that. Maybe that wasn't his exact wording, but that was what it sounded like in my head. There are no other options for sponsorship.

He passed on legal advice from his lawyer, saying that everything was still possible even though my husband's current income is FAR below the 125% poverty guideline. He suggested to include a letter with the fact that we receive our housing for free, the savings of which brings us up to above the suggested 125% of the poverty level.

I'm skeptical. At this point I want to pack this ####### situation in and just get my husband his PR in Canada, which would be fairly easy to do. Had I but known before we got me here. That's neither here nor there... What I am asking is do any of you who have been in a similar situation/know of a similar situation had a positive outcome? I don't want to sink a thousand bucks into a prospect that will, in the end, be a useless and unfruitful venture. My husband refuses to be separated from me again, which I completely understand and agree with. If it needs to happen, though, I'm willing to move BACK to Canada just so I can work to bring him there. I'm willing to take him with me. I don't care. As long as things go appropriately. I already have a deep understanding of how Canadian spousal immigration works. It could be a done deal. So - Plausible AOS approval or just useless to even try?

My thanks in advance. <3

I guess an explanation of why you did not file when you did have a co-sponsor is not forthcoming and irrelevent anyway. Jeezum

The attorney is wrong. The only way the attorney is right is IF your husband receives payment of a housing allowance which CAN be considered income. If you just get free housing, it means nothing. What kind of cracked in the head lawyer would suggest such a thing?

The next question, if it is just you and your husband, your husband can make enough money with a part time job combined with his unemployment compensation or just get a low paying job. I mean he has a wife to sponsor, he needs $18000 per year to do it (about $9 per hour) and he stays unemployed for 8 months? He could get a job delivering pizza this afternoon and make enough to sponsor you. Sorry but this sounds like you are stuck on an escalator and crying for help...just fix it yourself.

[jbel 3]

An update, I suppose: I spoke to someone in immigration at USCIS. Their answer was, as I suspected, a No. So we're moving to Canada.

Either way, the co-sponsor did not sign the forms until he got the lawyer advice. Hence the waiting period. He said yes, then he said no. Husband has been applying every single place he can, unfortunately, work was not forthcoming. We live in a state where unemployment is very high. I will mention he already works one job, as much as his schooling will allow. He was fully willing to take on more than that.

All I wanted to hear was a "No, it's not possible" or "Yes it is" basically. We've already started the reverse process, and it is much easier. Hubby will finish out the school year at university and we'll be moving in May. I don't want anyone to 'fix' the situation for me, I just wanted to make sure the answer was going to be 'No' before we dumped 1070 on the adjustment. It's a lot of money that can be put elsewhere. I have jobs lined up in Canada for both of us, and a living situation already figured out. I did this after I spoke to an IO about the whole ridiculous shebang.

Easy peasy. Had I known Canadian Immigration was so simple, I would have done that from the start.

Thanks for your input! Merry Christmas.

Edited December 24, 2012 by jbel