K1/k2 ---> AOS ??? (US Citizen Son in the mix)

[Jose Gtz 0]

My wife is here in the States as a K1. She has 3 children, 2 oldest are my step sons of 6 yrs and 4yrs which are petitioned by me as K2 and the youngest is my son, a US Citizen thru Birth Abroad. When i did the K1 visa, i qualified for the Support affidavit but currently, i am couple thousand short of meeting criteria. On the i-134 i met criteria since i didnt have to put myself as dependent but on the I-864, i had to add myself as 1 more. I did send some stock options and everything i own but not sure if it is sufficient. In the event, i cant come up with another sponsor, will my wife and our US Citizen 1yr old son need to go back to Mexico along with my 2 step children. Ive searched for info on a similar situation but could find any solution.

thanks in advance

[Penguin_ie 5,994]

**** Moving from K1 to AOS from Family Visa forum as this is the process asked about *****

How much do you currently make?

Any chance you can get a few hours part time work in the evening?

[Jose Gtz 0]

Currently make 36k. . I have 1 son from previous relationship plus my wife... 2 stepsons and our son. 6 total with me included.

[KayDeeCee 4,893]

You would have been counted for the I-134 too. You are always part of your own household count. The CO dealing with the I-134 for the K-1 and K-2 visas has the sole decision on whether or not they think the immigrants will become public charges. They do not have to adhere to the strict I-864 guidelines, and could have approved the I-134 with your income being at 100% of the poverty level. You do meet that, but not the 125% mark. Now that you have to deal with the I-864, you do have to meet those requirements for 125%.

You are currently barely more than $4k shy of the requirement for a household of 6, which is $40,712. If you do not have assets totaling 3 times more than the $4k you are short, then you will need to find a joint sponsor. There are no other options. You qualify, or someone helps you to qualify, otherwise the AOS will be denied.

Keep looking for someone to be a joint sponsor for you. Since you have more than 1 person immigrating, you could even find 2 people willing to provide joint sponsorship for only 1 or 2 out of the 3 each. That way each joint sponsor needs to have less income to meet the requirement for their own household size plus the intending immigrant(s) they are sponsoring.

Perhaps the assets you sent proof of were worth more than $12k and will be accepted so you won't have to use a joint sponsor, but I would keep looking just in case.

[Jose Gtz 0]

I do have 12k in assets of whhich 9k is cash but i was looking at worse case. Just nervous i guess.