Income Requirement in AOS

[reilena 9]

Hello everyone!

I arrived in the US on a K1 visa, got married within 90 days and in the process of adjusting my status. However, unfortunate circumstances led to my husband losing his job. We have enough investment in stocks and savings to show that we are pretty well above the poverty threshold but I have read/heard conflicting reports about this part in doing the AOS.

So now we are very anxious (as would anyone) about proving to USCIS that I will not be a public charge because my husband has enough savings even if he does not have a steady income anymore.

What are your thoughts? Do you think our savings would be enough? or Should my husband start looking for a job (which may take awhile and thereby put me "out of status" in the meantime) before we send in our AOS documents?

Your insights are greatly appreciated. Thank you!

[Gillian+Mike 6]

Do you guys have anyone that could co-sponsor you? I had a different situation, my husband lost his job last year and then started his own company in the same year. We still used a co-sponsor, which was necessary even though his "future" estimate of income was more than the poverty guideline. You could definitely try with just savings and assets (there is a little section on the form I think). Maybe you could also include a statement about your recent situation? If not, it might be best to wait until he can get another job. Personally, I would feel more "safe" filling out the form when he is employed, but that is just my opinion! I would definitely try and get a co-sponsor though so you can get it sent out faster! Hopefully more VJers can shed some light because I am definitely not an expert, lol. Good luck to you guys, and congrats

[Gary&Joy 18]

no one saying anything, so I will add, I think the savings threshold is 3x or 5x the 125% poverty line..

so if your 125% is 20k, you'd have to have 60k or 100k,

this is just top-o-my-head, but I'm sure you're itching to hear something

seems also like I ran into you somewhere here before, or maybe just respected one of your posts, either way, glad you're doing so well..

Gary&Joy

[Dave&Roza 748]

Hello everyone!

I arrived in the US on a K1 visa, got married within 90 days and in the process of adjusting my status. However, unfortunate circumstances led to my husband losing his job. We have enough investment in stocks and savings to show that we are pretty well above the poverty threshold but I have read/heard conflicting reports about this part in doing the AOS.

So now we are very anxious (as would anyone) about proving to USCIS that I will not be a public charge because my husband has enough savings even if he does not have a steady income anymore.

What are your thoughts? Do you think our savings would be enough? or Should my husband start looking for a job (which may take awhile and thereby put me "out of status" in the meantime) before we send in our AOS documents?

Your insights are greatly appreciated. Thank you!

If your savings are greater than 3X the poverty guidelines for your household size, then you can use just the assets. The assets must be readily coverable into cash--within a one year time period--must be appraised if not monetary, cannot be the primary residence or the primary car, and cannot cause undue hardship if sold--that is why the house and car is out as are 401ks and IRAs. You can go this route, but I would see if some one would be a co-sponsor as a back-up plan should the USCIS not accept the assets. Stocks are volatile so it will depend on the person that gets your case.

Dave

[reilena 9]

To be honest, jointly we have about $70k in savings so we are not entirely worried about day to day expenses but more about how the USCIS will determine if that is enough and from what I gathered they can be very subjective about it. For example I've read in some forums that some people get approved with barely above the poverty line as long as the USC has a job but some USCIS personnel will take into account a 3-5 year fiscal sustainability based on savings (which is sort of hard to meet) if he/she does not have a job.

I'm so confused

[reilena 9]

If your savings are greater than 3X the poverty guidelines for your household size, then you can use just the assets. The assets must be readily coverable into cash--within a one year time period--must be appraised if not monetary, cannot be the primary residence or the primary car, and cannot cause undue hardship if sold--that is why the house and car is out as are 401ks and IRAs. You can go this route, but I would see if some one would be a co-sponsor as a back-up plan should the USCIS not accept the assets. Stocks are volatile so it will depend on the person that gets your case.

Dave

Thank you Dave! This definitely gave some insight. My husband and I will calculate everything. We are a bit more confident with our savings now!

[d3adc0d3 186]

I applied prior to losing my job, with the information and income I had prior, then I lost my job a couple months after (the life of a contractor). We got approved for our AOS without a hitch, while I was unemployed.

Edited October 10, 2015 by d3adc0d3

[reilena 9]

I applied prior to losing my job, with the information and income I had prior, then I lost my job a couple months after (the life of a contractor). We got approved for our AOS without a hitch, while I was unemployed.

That gives me so much hope (although I'm sorry to hear about that!). Thank you for your advise!

[d3adc0d3 186]

That gives me so much hope (although I'm sorry to hear about that!). Thank you for your advise!

We're fine, working again. Now that he has a green card it should be easy for him to get work too.