AOS Filing & I-864 Question from B1/B2

[lobbynoise 1]

My wife(Philippines) and I(USC) have been together for 12 years and have three USC children together. We came about 6 weeks ago on a B1/B2 with the intention of staying for an Easter visit with my mom and getting a medical exam for our infant daughter. We had been living and working in another country before we came over. We had some complication and needed to stay longer and that caused my contract to be cancelled(they thought we were running away). After realizing my job was gone and I decided we had to stay here. I finally got a job and start next week. Our two oldest kids enrolled in school this week.

Background: My wife made no statements about not wanting to stay in the US during her interview at the consulate for the visa. Upon arrival, she didn't even really talk to the person stamping us in. The CBP officer was too busy stamping all 5 passports, just wanted to know where we were headed and why. Told us welcome to the US and have a safe trip.

1. I've heard about some 30/60 rule about adjusting. Do we need to wait before adjusting status? It all seems rather pointless to wait.

2. My income for the I-864 sucks. In 2010, I made enough, but the last two years I have made paltry sums of money. I do have a jobs that pays $50k per year now so I do make enough right now. Am I safe to apply or do I need a co-sponsor? If I do not get a sponsor will I get an RFE asking for a sponsor or? After being abroad for 15 years I really don't have any to ask to be a co-sponsor.

Thanks!

[Harpa Timsah 13,258]

30/60 is NOT a thing. You do not need to wait.

They generally go by current income, so you should be okay. But the job is extremely new. You can always try on your own, but I'd be prepared with a co-sponsor just in case (small chance they require it).

Good luck.

[ddkorestin 10]

To b honest withu I have seen people marrying under 30days and without any problem. There's no law out there barring u from marriage within a specific time frame work. The only tin is it might raise a red flag, a red flag doesn't u won't b approve but they might decide to take a closer look ad since every tin is in good faith then notin stops u.

Secondly, compare ur the income to the poverty level, if it falls under it then try and get a joint sponsor, this can be anybody, u will meed w2, transcript, identification etc.

To b honest withu I have seen people marrying under 30days and without any problem. There's no law out there barring u from marriage within a specific time frame work. The only tin is it might raise a red flag, a red flag doesn't u won't b approve but they might decide to take a closer look ad since every tin is in good faith then notin stops u.

Secondly, compare ur the income to the poverty level, if it falls under it then try and get a joint sponsor, this can be anybody, u will meed w2, transcript, identification etc.

[ddkorestin 10]

Edited May 4, 2013 by ddkorestin

[ddkorestin 10]

Edited May 4, 2013 by ddkorestin

[newacct 688]

Since your job is so new, it would be best to get a letter from your employer confirming your income.