F1 visa, continuing education, married a month ago. (merged)

[vannavanna 0]

Hi! I am currently on a F1 visa - opt stem extension. I just got married this past month to a USA citizen. I would like to apply for an adjustment of my status. My husband's earning from last year were bellow poverty line for 2 people. I know that in order to apply for adjustment of the status, we will need 3 times the difference between what he earned last year and what the poverty line was for two people. How do we show that we have this money/what constitutes as a proof of that? Would bank statement be enough?

Also, is it possible to look at both of our total earnings from last year or are his earnings all that matters?

Also, I just got into grad school and I was hoping to start school this coming June. Will my application for adjustment of status affect my status of a student for the time being?

Thank you very much for your help!

[vannavanna 0]

Hi! I am currently on a F1 visa - opt stem extension. I just got married this past month to a USA citizen. I would like to apply for an adjustment of my status. My husband's earning from last year were bellow poverty line for 2 people. I know that in order to apply for adjustment of the status, we will need 3 times the difference between what he earned last year and what the poverty line was for two people. How do we show that we have this money/what constitutes as a proof of that? Would bank statement be enough? Also, is it possible to look at both of our total earnings from last year or are his earnings all that matters?

Also, I just got into grad school and I was hoping to start school this coming June. Will my application for adjustment of status affect my status of a student for the time being? Do I proceed as if I was not going to apply for a green card - transfer my I20 from one school to another and in the same time apply for green card?

Thank you very much for your help!

[TBoneTX 45,329]

*** Thread is moved from the AOS/Family-Based main forum to the AOS from WS&T Visas main forum -- OP has an F1 visa. ***

[AB loves AG 54]

I believe the difference is 5 times, not 3.

[NancyNguyen 1,657]

His current income is what matters, not last year. If you can't prove his saving is stable as asset (because money can be withdrew next day) it is time to find joint sponsor.

[vannavanna 0]

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

"If you cannot meet the minimum income requirements using your earned income, you have various options:

• You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
  • Exceptions:
    • If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household."

I am still confused what constitutes as proof of this money. Would the statement showing balance on my savings account work?

[pilotkausa 5]

I believe the difference is 5 times, not 3.

Incorrect!

"U.S. citizen sponsoring his/her spouse or minor child, the total value of the assets must only be equal to at least 3 times the difference."