Living seperate while completing the AOS

[mcuzin1985 13]

My fiancé just received her K1. We both will be entering the states around the end of the year. We will be getting married 5 days after entering the states and immediately after that filing for AOS. 2 weeks after entering the states we will be filing for her SS # so that once she receives her EAD she can get a DL and such.

I do have a couple of questions about the process:

The first one is in reference to being away from the Wife while she is waiting for the AOS to be complete. I will be going back to Afghanistan for my last 4 months of my contract and coming back to re-join my wife at the time. Will the separation during her AOS process be an issue when it comes time for an interview (if interviewed)? When I am gone she will be staying with her Aunt who is also from her home country.

The second question, I have researched about the I-864 and have found a couple of different answers. I will have a job up until approximately the 3.5 month mark of this AOS process. If my interview happens shortly after I quit my job in Afghanistan, but I have over 5 X the amount of the poverty level set by UCSIS, will there be an issue with not having a job?

Any advice would be great.

Thanks.

Mike

[KayDeeCee 4,893]

You have a good reason to be apart for awhile, so that shouldn't be an issue with approving the AOS. You can show documentation of why you were living apart. If she happens to get an interview while you are out of the country, she can reschedule to interview when you get back.

You only need to have 3 times the income amount for sponsoring a spouse, so if your assets are over 5 times the income amount, then you should be good. Just make sure to supply solid documentation that you own the assets and their value. That is, if they would ask for updated finances. You would be currently employed when filling out the I-864 to send with her AOS paperwork and would enter that info on the form. If you put your employment plus your assets, then you should be covered no matter what.

[mcuzin1985 13]

You have a good reason to be apart for awhile, so that shouldn't be an issue with approving the AOS. You can show documentation of why you were living apart. If she happens to get an interview while you are out of the country, she can reschedule to interview when you get back.

You only need to have 3 times the income amount for sponsoring a spouse, so if your assets are over 5 times the income amount, then you should be good. Just make sure to supply solid documentation that you own the assets and their value. That is, if they would ask for updated finances. You would be currently employed when filling out the I-864 to send with her AOS paperwork and would enter that info on the form. If you put your employment plus your assets, then you should be covered no matter what.

Great, thanks for the quick response. I was actually going to do that and put both my job and my current assets. I just purchased a house and had the house appraised on 10 May 2013. Will that appraisal work to submit to show how much equity I have in the house if I submit doucments to UCSIS around 15 Feb 2014? Or is 9 months too old for an appriasal on a house?

[mcuzin1985 13]

BUMP

[Umka36 781]

Great, thanks for the quick response. I was actually going to do that and put both my job and my current assets. I just purchased a house and had the house appraised on 10 May 2013. Will that appraisal work to submit to show how much equity I have in the house if I submit doucments to UCSIS around 15 Feb 2014? Or is 9 months too old for an appriasal on a house?

If you had to sell your home, wouldn't that cause undue hardship? Maybe someone else could chime in who has used their home as an asset. I'm aware of people using their second home, but not a primary resident.