How to do AOS without job or income?

[mariposaa 0]

Hi everyone, I'm new here, I've been reading the forums for a while though and haven't seen any case like mine so I hope someone can help.

My husband and I married six months ago, we haven't started the AOS yet. Mainly because he doesn't have a job. He has never worked, and the only reason is because his parents have always given him everything he wants and have no problem doing so. He worked two years ago but it was a temporary job and didnt make enough to file taxes.

Ever since we got married he's been actively looking for work and has had interviews but so far hasn't been hired anywhere.

We are going to use his mother as a sponsor. She makes about $63K (before taxes), his dad makes about the same.

Will his lack of employment/income be reason enough to get our application denied? Or get an RFE? We also don't have a lease because we live with his parents, and his car insurance is on his dad's name so I can't be included there, same with his phone account.

He has about $6,000 in Disney stocks, out of which he will use about $2,000+ for the AOS fees, leaving him with about $4,000-ish. Can he use that as proof of assets?

We have other proof of bona fide marriage like pictures, marriage ceremony pictures, pictures with his family, cards from his family and grandparents, and bank account, and we'll be getting notarized letters from his family members and friends.

Is our evidence not enough? Will we need two sponsors (mom and dad)? Or will they likely deny our case solely on his lack of income/employment? Should we wait until he gets a job?

I know this is too long and I'm sorry but I'm really worried that USCIS will see our case and think we are committing fraud, because we're not, we've been together for over 4 years. (Also I entered legally on tourist visa 9 years ago).

Your help and advice will be greatly appreciated.

[chimichanga 3]

No but start gathering proofs of your bonafide marriage. Wait some time and let him find work. Move out and get on a lease. It's not gonna be easy but that's what you do for love. When you guys have steady income, get his car registered on both your names. Get life insurance policies as they are cheap.

[Wwwawawa 0]

Hi there,

I don't think you'll get denied because he doesn't have a job, just send enough information or proof of your marriage, get a bank account together, I know you guys live with his parents, but maybe they can put under your husband name a bill water, gas i don't know, I think his parents can be used as sponsor, I don't know how the relation is with them but let them know what an sponsor is, to be honest, I was in the same situation, but I didn't have his parents to support us, so I had to wait for him to find a good job, while we were waiting for that moment I read what a sponsor is, and I learn some good stuff when you make by yourself all this process, Good Luck and hope soon see your timeline here as all us!!!

Anything feel free to ask

Hi everyone, I'm new here, I've been reading the forums for a while though and haven't seen any case like mine so I hope someone can help.

My husband and I married six months ago, we haven't started the AOS yet. Mainly because he doesn't have a job. He has never worked, and the only reason is because his parents have always given him everything he wants and have no problem doing so. He worked two years ago but it was a temporary job and didnt make enough to file taxes.

Ever since we got married he's been actively looking for work and has had interviews but so far hasn't been hired anywhere.

We are going to use his mother as a sponsor. She makes about $63K (before taxes), his dad makes about the same.

Will his lack of employment/income be reason enough to get our application denied? Or get an RFE? We also don't have a lease because we live with his parents, and his car insurance is on his dad's name so I can't be included there, same with his phone account.

He has about $6,000 in Disney stocks, out of which he will use about $2,000+ for the AOS fees, leaving him with about $4,000-ish. Can he use that as proof of assets?

We have other proof of bona fide marriage like pictures, marriage ceremony pictures, pictures with his family, cards from his family and grandparents, and bank account, and we'll be getting notarized letters from his family members and friends.

Is our evidence not enough? Will we need two sponsors (mom and dad)? Or will they likely deny our case solely on his lack of income/employment? Should we wait until he gets a job?

I know this is too long and I'm sorry but I'm really worried that USCIS will see our case and think we are committing fraud, because we're not, we've been together for over 4 years. (Also I entered legally on tourist visa 9 years ago).

Your help and advice will be greatly appreciated.

[mariposaa 0]

Thank you both. Obviously there's nothing I want more than to move out into our own place, but because I dont work yet, paying rent on one income alone would not be possible right now, given that whatever job he finds likely won't be paying him enough to afford a rent of $1,200 a month, which is the average rent in the area where we live (California is a bit expensive haha), plus utilities, car insurance, gas, food, etc.

His parents know what a sponsor is, I just wanted to know if it would be better to have both of them as sponsors or one is enough.

[EM_Vandaveer 2,417]

If they file taxes together (his parents) then you need both of them. One them fills out I-864, the other I-864A. Also your husband needs to fill out an I-864 himself, even if his income is 0. Also have him write a simple letter saying he did not file taxes for the last 3 years because his income was below the filing minimum.

[mariposaa 0]

If they file taxes together (his parents) then you need both of them. One them fills out I-864, the other I-864A. Also your husband needs to fill out an I-864 himself, even if his income is 0. Also have him write a simple letter saying he did not file taxes for the last 3 years because his income was below the filing minimum.

Thanks. Do you think we might still get a Rfe or have some other issues with our case because of this or you think we will be ok?

[chimichanga 3]

Gather all what you have and file or if you are uncertain, then wait to gather more evidence

[EM_Vandaveer 2,417]

For the simple reason that you are using joint sponsor(s)? That won't hurt anything. Make sure to send proof of their US citizenship & get tax transcripts from the IRS, paystubs, if applicable. People use joint sponsors all the time. It's not a problem, as long as their income is high enough & you prove their income.

[mariposaa 0]

For the simple reason that you are using joint sponsor(s)? That won't hurt anything. Make sure to send proof of their US citizenship & get tax transcripts from the IRS, paystubs, if applicable. People use joint sponsors all the time. It's not a problem, as long as their income is high enough & you prove their income.

Well more for the reason that my husband has no income since he is the petitioner and therefore the only proof of income we are providing is the sponsors'? Sorry if I keep asking this but I just want to make sure we will be ok if we file soon. Thanks so much.

[EM_Vandaveer 2,417]

Well more for the reason that my husband has no income since he is the petitioner and therefore the only proof of income we are providing is the sponsors'? Sorry if I keep asking this but I just want to make sure we will be ok if we file soon. Thanks so much.

It's fine. I promise. My husband filed for me with zero income. Joint sponsor & his wife's income was sufficient, there were no problems.

[mariposaa 0]

It's fine. I promise. My husband filed for me with zero income. Joint sponsor & his wife's income was sufficient, there were no problems.

Ok. Thank you very much for the help!

[newacct 688]

If they file taxes together (his parents) then you need both of them. One them fills out I-864, the other I-864A.

Not true. If one of their incomes is sufficient, then just that person does I-864, and doesn't need to count the other person's income and the other person doesn't need to do I-864A. How they filed taxes is irrelevant.

Edited March 14, 2016 by newacct