AOS Financial Support Questions - Pregnant Wife

[OnThePath87 2]

Hi All,

My wife is 5 months pregnant with our first child and I am about to apply for AOS while I am here on a K1 visa.

At the moment she is working 55 hours a week as a nanny, (at a wage above the 125% poverty limit for a family of three) which she is finding increasingly difficult with her pregnancy and questions remain as to what will happen after she has the baby in terms of her employment.

Between us we have about $30k in bank which clears the 125% federal poverty limit for a family of 3. I am confident of getting well paid work myself once I have work authorisation and I would be happy for her to leave her job, provided we could support ourselves so she can have some time with the baby after birth but I am concious of the affect this would have on our AOS application.

SO! My questions are as follows...

a) Do we apply as a household of two or three?

b) Are our savings alone enough to cover the support part of the application without work?
c) If she were to leave work and I had a job that cleared the 125% federal poverty limit, would that be acceptable?

d) If neither of us can get work and savings arent recognised - could we get a sponsor? Are sponsors taken seriously? Would that sponsor need to make enough to clear 125% of the federal poverty limit for a family of four (the sponsor, my wife, the baby and me)?

d) Assuming I can't get work, and the savings aren't enough and we can't get a sponsor. Is my wife just going to have to keep going to work after having the baby?

My wife has been in continuous employment over the past 5 years so I don't think this will be too much of an issue. I am just slightly concerned about any issues post-baby leaving us in a gap around the time our interview is due and obviously I would like my wife bonding with our child in the first 3 months after birth.

Thanks for your time.

[Harpa Timsah 13,258]

a. 2.

b. No, you need 3X the level in assets.

c. No. You need a suitable I-864 now. You employment may happen later, but not now.

d. Yes you can get a co-sponsor. Baby is not born yet so doesn't count.

Your wife does not have to work forever. You need a suitable I-864 now and possibly again at adjudication if you have an interview. If your interviewed is waived, they will accept the I-864 that is suitable now.

If your wife wants to quit work now then I would just get a co-sponsor now. Otherwise I would just fill it out with her info/job.

Congrats on the baby!

[Nich-Nick 3,354]

Agree. Apply with what is true the day the I-864 is signed. She works. There is no baby.

If down the road you have an interview and things are different you may have to submit some additional things. Maybe you will have an income. Maybe you will need a joint sponsor who makes enough to cover his family plus you. Your American wife and baby won't have to be counted as part of the joint sponsors household count.

[OnThePath87 2]

Many thanks for your quick and helpful replies (And the good wishes!). That's cleared that up.

New York City seems to have one of the longest wait times for AOS, sometimes up to a year. We will submit this with today's details. I think it's unlikely that my wife will continue doing a 55 hour week after she has a baby. Her employers seem open and understanding about our situation.

If in between the time that we file and the interview, there is a change of circumstances (either her employers agree to cut her hours or she gets another part time job while still making about the 125% federal poverty limit) - is that acceptable? Do we have to notify them of the change?

I personally don't see this happening but say worst case, nightmare scenario - say we fail on the support somehow, I assume I'll have to leave. If we failed this part, could I apply again from the UK? Assuming we failed on solely the support part.

Thanks again.

[Nich-Nick 3,354]

Don't plan on failing. Besides if you fail on support once, why would it be different the second time around.

If you go to an interview and things have changed, it would be appropriate to take a brand new affidavit of support. Otherwise you don't do monthly updates to each situation change while you wait if that's what you are asking,

It would help you greatly to actually read the instructions while looking at the form so you understand all the little details. I had to read them three or more times before it all became clear to me.

So let's say nothing happens for a year, Then an interview.

Wife has different job...part time maybe. You have an extra household member, Baby. I would provide a new financial package. Better than the officer saying, "do you still work for the Smith family? " Ummm ...no.

So if she made $15k, but the threshold is $25k, there is a shortfall of $10k that could be covered with assets. It is 3 times the shortfall needed. (Short $10k) x 3= $30,000 in savings/assets which you might have.

OR you might also have a part time job by then. For example (her $15k) and (your $15k) is more than the $25k threshold. PASS. Or even if you had a very small shortfall (her $10k) plus (you $10k) falls short $5,000. Only need $15,000 is savings then to pass.

OR you might have to find a joint sponsor. You have some options and know what you need to work toward so don't throw in the towel and talk about leaving. Save like crazy until you pass the USCIS hurdle. Start looking for your own job possibilities because you can have work authoriZation three months after sending off your AOS. And if you get lucky, they approve your greencard without interview based on what you submit now.

Edited May 2, 2016 by Nich-Nick

[OnThePath87 2]

Don't plan on failing. Besides if you fail on support once, why would it be different the second time around.

If you go to an interview and things have changed, it would be appropriate to take a brand new affidavit of support. Otherwise you don't do monthly updates to each situation change while you wait if that's what you are asking,

It would help you greatly to actually read the instructions while looking at the form so you understand all the little details. I had to read them three or more times before it all became clear to me.

So let's say nothing happens for a year, Then an interview.

Wife has different job...part time maybe. You have an extra household member, Baby. I would provide a new financial package. Better than the officer saying, "do you still work for the Smith family? " Ummm ...no.

So if she made $15k, but the threshold is $25k, there is a shortfall of $10k that could be covered with assets. It is 3 times the shortfall needed. (Short $10k) x 3= $30,000 in savings/assets which you might have.

OR you might also have a part time job by then. For example (her $15k) and (your $15k) is more than the $25k threshold. PASS. Or even if you had a very small shortfall (her $10k) plus (you $10k) falls short $5,000. Only need $15,000 is savings then to pass.

OR you might have to find a joint sponsor. You have some options and know what you need to work toward so don't throw in the towel and talk about leaving. Save like crazy until you pass the USCIS hurdle. Start looking for your own job possibilities because you can have work authoriZation three months after sending off your AOS. And if you get lucky, they approve your greencard without interview based on what you submit now.

Ok Nick,

Based on this we'll be quite comfortable. I'll do as you suggest.

Many thanks.