Does beneficiary savings and background impact final K1 / AOS decision positively?

[Ken&Lin 1]

We just got our NOA2 and is now filling in the i-134 to include both of my fiancé's parents as co-sponsors since my fiancé finish college summer 2015. A couple of question if my income / savings, education and financial history are relevant for the K1 interview and maybe later the AOS decision, since my fiance herself is under the poverty line (but both co-sponsor are above):

- I will have more than 20k dollars in savings to bring to US

- If I work remotely from the US via my old company (in Europe) aka. have an actual income during AOS processing

- Showing financial stability in the past

- A master's degree

...or do they ONLY look at petitioner's finances relating to poverty line?

Thanks all.

[Girl from Celebes 588]

• As far as my knowledge, only US embassy in London accepts self-sponsorship for beneficiaries. So, your financial backgrounds won't count.

I have no idea about work remotely during AOS. I had several job offers from my home country but refused since I did not have EAD at that time.

Background education is not really matters. Many people have master degrees and graduated from reputable universities and still struggled to find job in the US.

[Kathryn41 3,205]

You might find this information sheet of use: http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Basically, your sponsor is guaranteeing that you will not become a financial liability on the US taxpayers by proving they are financially able to pay for your living expenses in the US. This means that there needs to be US sourced income to guarantee your US based spouse is able to 'afford you' (VBG).

The K-1 uses the I-134 Affidavit of Support and you will not be able to include your income or savings as part of your fiancee's sponsorship as you are not technically yet related or living in the same household. Once you are married you need to file to become a permanent resident and a different Affidavit of Support form is used - I-864. This one is legally binding whereas the I-134 is not. According to the above document, your savings and income - if it is from a source that will continue after your arrival in the US which it appears may be possible if your European based company continues to employ you to work remotely - after you and your spouse have been married and living together for at least 6 months, can be used on the I-864.

There are pros and cons with this since your legal status in the US under the K-1 is valid for only 90 days after which time you are technically out of status until you apply for a green card. You are not obligated to apply for a green card during those 90 days, so you do have the option of waiting out those 6 months and then applying using your combined assets, knowing that your status is at risk during that time, if you wish to do so. Or, since you do have co-sponsors lined up, you can proceed with those all the way through the process.

Anyway, review the above document as it may help to clear things up for you.

Edited September 16, 2014 by Kathryn41

[Ken&Lin 1]

Thanks, much appreciated. Anyone know if I can keep working for my current company up until US work authorization is in place? Since during the AOS waiting period I am not technically a residence of the US and might still have my current address in my home country aka. pay tax there, not in US. Unsure if anyone have done this? Especially since my job can be done remotely.