AOS Sponser

[danie115 0]

I had my fiancee come over on a I-129F and now we're married.

I'm a university student, I will graduate in May and I have a job offer to start in July which is above the 125% poverty level.

However, as of now I don't have any income stubs or tax forms or anything.

Will I be able to sponser her on my own?

Do I need a sponser?

[raymaga 25]

You will need a co-sponsor if your income does not meet the Poverty Guidelines.

[danie115 0]

You will need a co-sponsor if your income does not meet the Poverty Guidelines.

It will meet the Poverty Guidelines after July. The co-sponser would be responsible for a long time and they are not sure they want to do that commitment.

If my fiancee and I have enough cash for 1 year of poverty level would that be sufficient for support?

[1HappyGuy 45]

It sounds like it depends upon when you want to apply for AOS. Now that you have married, you've satisfied the requirement of the K-1 visa. She is now out of status and therefore, you will need to apply for AOS. The time requirement for this is not clear in the regulations.

I would ask if you have anyone (family member) that can satisify the income requirements and would be willing to act as your co-sponsor. It you have someone that is willing to accept that responsibilty, then file soon. Otherwise you will probably have to wait until you have filed your 2007 tax return (in 2008) to prove you have the income to support your wife.

Do you want to wait that long? She will not be able to leave this country until her status is made permanent. Consider your options carefully.

[danie115 0]

It sounds like it depends upon when you want to apply for AOS. Now that you have married, you've satisfied the requirement of the K-1 visa. She is now out of status and therefore, you will need to apply for AOS. The time requirement for this is not clear in the regulations.

I would ask if you have anyone (family member) that can satisify the income requirements and would be willing to act as your co-sponsor. It you have someone that is willing to accept that responsibilty, then file soon. Otherwise you will probably have to wait until you have filed your 2007 tax return (in 2008) to prove you have the income to support your wife.

Do you want to wait that long? She will not be able to leave this country until her status is made permanent. Consider your options carefully.

1HappyGuy, My parents are hesitant to act as our co-sponsor. Of course we would prefer not to wait that long but if thats the only way, we would certainly consider it.

Do you think it would be possible to use a letter from my employer outlining my offer with an insufficient I-864 (using only assets that would be below 3x the poverty line)

If we file and get denied, is it possible to file again later after I have some income tax information?

[1HappyGuy 45]

I think if they denied the application it would be quite strange. They would likely request a co-sponsor before approval.

Discuss this with your parents and see if they are willing to accept the responsibility. It comes down to the aspect of whether they trust you to keep your word and support your spouse. You have to understand that the commitment to support has a 10 year span.

[Yodrak 7]

danie115,

Sounds like you need to read the I-864 instructions again. Your question is answered there.

Yodrak

.....

If my fiancee and I have enough cash for 1 year of poverty level would that be sufficient for support?

[Yodrak 7]

1 HappyGuy,

A common mis-conception. The passage of 10 years is not one of the events that terminates the obligation of I-864.

It could be much shorter than 10 years or it could be much longer.

Yodrak

I..... You have to understand that the commitment to support has a 10 year span.