AOS with unemployed petitioner

[sparkles_ 456]

Hey VJers,

 

I am the USC petitioner, and I am currently unemployed, have been for about 9mo by choice. I opted to not work until this summer, when the kids school year is over, due to a child who was having some pretty wild behavioral and emotional issues at school. My husband agreed with me that this was the best option for our family at the time. It appears that is under control and that I can and will re enter the workforce sometime this summer. My husband has an EAD, and I stopped working shortly after he got approved for this. His current job makes enough for all of us, almost if not at the current poverty level. No using of any means tested benefits, etc. But I am super nervous that we may be denied on public charge grounds at our interview next week. Is that even possible??

 

I do have a co-sponsor (my stepdad &mom) who sent the 864/864a with our AOS stuff. Income was in the high 50 thousands, it is only the two of them, no dependents. I have their current year tax and w2/1099 info ready to bring with, as well as tax transcript if it arrives before then. Income level hasn't went out of the 50 thousands since that filing or ever really. For what it is worth, majority of the income is his alone, my mother just gets disability and a 1099 form for about 9000 a year but we sent her info and the 864a as a better safe than sorry thing, figure they can just destroy what isn't needed.

Edited March 17, 2017 by sparkles_

[Penguin_ie 5,997]

If your foreign husband is working legally in the USA, he can self sponsor, so assuming he makes enough, he should be fine.

[sparkles_ 456]

34 minutes ago, Penguin_ie said:

If your foreign husband is working legally in the USA, he can self sponsor, so assuming he makes enough, he should be fine.

I believe we are literally like 3000 short for the years poverty guidelines of our family size, that's why I said almost i get court ordered child support and have years of proof of getting it on time, that would place us above the limit for sure however I've heard it's 50-50 on using that. And honestly the self sponsor thing isn't the route we want to go unless it's a must.  So all that being said, is me not working and using a co sponsor in what I described case going to create a problem? 

 

I appreciate your answer 

Edited March 17, 2017 by sparkles_