adjustment of status K-1 VISA adjustment of status

[OJIMENEZ915 1]

Approved k-1 visa & 601 waiver... I married my husband almost about a 1 yr ago after being separated for almost 2 years ... upon his return things were very odd so we have worked hard to build that trust and confidence and I can happily say it was not easy but we are settling to our marriage and together making it work after years apart. I am ready and feel confident that I can proceed with his adjustment of status........... We run into a big issue. USCIS mandates for individuals seeking to secure spousal visas or adjust their status to lawful permanent residency (green card), that they meet the threshold of income support of 125%.  I’m off and don’t meet the income requirements for adjustment of status. Is it possible that my husband can apply for a work authorization permit and work, and then can we both apply for adjustment of status jointly after say 3-6 months of income from him? We do not have family that can assist us as a joint sponsor for our petition which makes this difficult

[Roel 7,192]

Your plan is not possible. 

Work and travel permits are part of the AOS packet. 

 

IF you meet financial requirements you HAVE to find a co sponsor. That or find a a job (if you don't work) or second job. 

[Ben&Zian 4,398]

You are always the primary sponsor. Your husband, even after he started working with EAD, cannot be his own "co-sponsor". This is something that should have been long planned out before the process began with the K-1.

[Roel 7,192]

I don't mean to sound harsh but you waited 2 years for his arrival on k1 and could have put some money aside for his AoS. 

 

 

[Boiler 45,493]

Joint sponsor or savings if income does not match.

[OJIMENEZ915 1]

1 hour ago, Roel said:

I don't mean to sound harsh but you waited 2 years for his arrival on k1 and could have put some money aside for his AoS. 

 

 

Its not harsh, but circumstances are different like everyone else. As a fiance we qualified at the 100% poverty level but with adjustment of status it changes to 125% which makes it harsh as again I'm under 2000 less, the reason for this is I was previously married but separated due to DV, I have my wonderful children that is the reason why we do not qualify. I currently work for the County/Government, its been a stable job for me 10+ years. I myself have done side jobs getting paid cash but that cant be counted per lawyer 

[OJIMENEZ915 1]

1 hour ago, Ben&Zian said:

You are always the primary sponsor. Your husband, even after he started working with EAD, cannot be his own "co-sponsor". This is something that should have been long planned out before the process began with the K-1.

I clearly understand I'm the primary sponsor, but my husband, even after he starts working with EAD, cannot be his own "co-sponsor" that is not correct if I'm reading this correctly unless its only certain cases?? That's were I'm having trouble 

 

https://www.uscis.gov/greencard/affidavit-support - this article states 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
• You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption -  
  • To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract Between Sponsor and Household Member . If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
  • You may count the assets of the relatives you are sponsoring.

     

 

My circumstances are different like everyone else. As a fiance we qualified at the 100% poverty level but with adjustment of status it changes to 125% which makes it harsh as again I'm under 2000 less, the reason for this I was previously married but separated due to DV, I have my wonderful children that is the reason why we do not qualify. I currently work for the County/Government, its been a stable job for me 10+ years. I myself have done side jobs getting paid cash but that cant be counted per lawyer 

[Villanelle 4,122]

You are not reading it wrong.

 

The issue may be that you need to submit a complete AOS packet in order to get the EAD. You can not get an EAD with out filing for AOS. Ive seen people do what you outlined. They submit the 864 knowing it wont qualify and get the immigrant an EAD card and have them secure a job to get to the min level needed. It works for some it doesnt work for others. It depends on how the paperwork is processed and if the officer will accept the immigrants income. If they reject the 864 at the beginning the process will stop and no EAD will be issued. Theres no way to make them process it a certain way (in your favor).

 

Assets may help or a joint sponsor. Do you not know anyone who could do that? If you are just short 2k you need to show 6k in assets. This can be home equity, an extra automobile, savings, etc. 

Side jobs getting paid in cash do also count if they show on your tax returns. Why did the attny say they dont count?

[Ben&Zian 4,398]

5 minutes ago, OJIMENEZ915 said:

I clearly understand I'm the primary sponsor, but my husband, even after he starts working with EAD, cannot be his own "co-sponsor" that is not correct if I'm reading this correctly unless its only certain cases?? That's were I'm having trouble 

 

https://www.uscis.gov/greencard/affidavit-support - this article states 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
• You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption -  
  • To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract Between Sponsor and Household Member . If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
  • You may count the assets of the relatives you are sponsoring.

     

 

My circumstances are different like everyone else. As a fiance we qualified at the 100% poverty level but with adjustment of status it changes to 125% which makes it harsh as again I'm under 2000 less, the reason for this I was previously married but separated due to DV, I have my wonderful children that is the reason why we do not qualify. I currently work for the County/Government, its been a stable job for me 10+ years. I myself have done side jobs getting paid cash but that cant be counted per lawyer 

 

By that wording does sounds like in theory he could sponsor himself, how that can be doesn't make any sense to me honestly.  Nor have I seen it but, like @Damara said, it could work, might not. Is an interesting sort of loop hole.

[OJIMENEZ915 1]

2 minutes ago, Damara said:

You are not reading it wrong.

 

The issue may be that you need to submit a complete AOS packet in order to get the EAD. You can not get an EAD with out filing for AOS. Ive seen people do what you outlined. They submit the 864 knowing it wont qualify and get the immigrant an EAD card and have them secure a job to get to the min level needed. It works for some it doesnt work for others. It depends on how the paperwork is processed and if the officer will accept the immigrants income. If they reject the 864 at the beginning the process will stop and no EAD will be issued. Theres no way to make them process it a certain way (in your favor).

 

Assets may help or a joint sponsor. Do you not know anyone who could do that? If you are just short 2k you need to show 6k in assets. This can be home equity, an extra automobile, savings, etc. 

Side jobs getting paid in cash do also count if they show on your tax returns. Why did the attny say they dont count?

Are goal and thinking was to apply for AOS all together assuming that EAD arrives first, my husband has a job offer awaiting from 1 of my  county HVAC contractors so its a guaranteed job so our thought was once he receives his EAD he will work with them while we await our AOS interview which my understanding can be 8-12 months out we can then provide 864 form with his income or maybe down the line say 2 months in to employment assuming AOS is still pending we can submit additional paperwork, This is just a scenario again I'm actively looking for a sponsor but in the case that we cant this is something we are looking into 

[Villanelle 4,122]

One can "self sponsor" on the 864. People that are on work visas do so all the time. Also immigrants+ who have retirement income or pensions can add that to the household income as well.

 

I dont know about omitting the 864 from the initial packet. What you are talking about (presenting it at the interview) is true for CR visas. When you submit AOS you need to submit a complete packet or risk it being rejected. WHat you are counting on is them not reviewing the 864 until they are ready to interview. If they review it and reject it prior to the EAD being issued it will stop the process. The EAD/AP is processed by a different officer then the one reviewing the AOS. So like i said it has worked out for others. They were able to get the EAD and then later in the process when an RFE comes saying the 864 isnt enough they submit a new 864 showing the immigrants income.  The issue may be the Officer not accepting the immigrants income (even though its legal source) but because its based on the EAD and not a work visa classification. Its going to be up to the officers discretion if it goes that route. 

 

But if your husband starts working start putting money aside. If you are only 2k short you only need 6k in assets. You may be able to put that amount aside when your husband starts working and qualify on your own.

[OJIMENEZ915 1]

1 hour ago, Damara said:

One can "self sponsor" on the 864. People that are on work visas do so all the time. Also immigrants+ who have retirement income or pensions can add that to the household income as well.

 

I dont know about omitting the 864 from the initial packet. What you are talking about (presenting it at the interview) is true for CR visas. When you submit AOS you need to submit a complete packet or risk it being rejected. WHat you are counting on is them not reviewing the 864 until they are ready to interview. If they review it and reject it prior to the EAD being issued it will stop the process. The EAD/AP is processed by a different officer then the one reviewing the AOS. So like i said it has worked out for others. They were able to get the EAD and then later in the process when an RFE comes saying the 864 isnt enough they submit a new 864 showing the immigrants income.  The issue may be the Officer not accepting the immigrants income (even though its legal source) but because its based on the EAD and not a work visa classification. Its going to be up to the officers discretion if it goes that route. 

 

But if your husband starts working start putting money aside. If you are only 2k short you only need 6k in assets. You may be able to put that amount aside when your husband starts working and qualify on your own.

An asset can be a vehicle correct? does the vehicle have to be paid off ?? 

[Marieke H 2,498]

4 hours ago, OJIMENEZ915 said:

Are goal and thinking was to apply for AOS all together assuming that EAD arrives first, my husband has a job offer awaiting from 1 of my  county HVAC contractors so its a guaranteed job so our thought was once he receives his EAD he will work with them while we await our AOS interview which my understanding can be 8-12 months out we can then provide 864 form with his income or maybe down the line say 2 months in to employment assuming AOS is still pending we can submit additional paperwork, This is just a scenario again I'm actively looking for a sponsor but in the case that we cant this is something we are looking into 

Careful with this. My EAD took long and my AOS went fast, so I had my interview 6 weeks after getting my EAD. Your profile says your local office is Portland, and their processing time for AOS is not that long. So he might not have enough time to start working and have enough proof of income before the interview. 

2 hours ago, OJIMENEZ915 said:

An asset can be a vehicle correct? does the vehicle have to be paid off ?? 

It has to be owned by you, not the financing company... And assets have to be available to be sold as soon as it might be necessary, so usually only a second vehicle is accepted as an asset.

[Londonergirl 133]

8 hours ago, Damara said:

You are not reading it wrong.

 

The issue may be that you need to submit a complete AOS packet in order to get the EAD. You can not get an EAD with out filing for AOS. Ive seen people do what you outlined. They submit the 864 knowing it wont qualify and get the immigrant an EAD card and have them secure a job to get to the min level needed. It works for some it doesnt work for others. It depends on how the paperwork is processed and if the officer will accept the immigrants income. If they reject the 864 at the beginning the process will stop and no EAD will be issued. Theres no way to make them process it a certain way (in your favor).

 

Assets may help or a joint sponsor. Do you not know anyone who could do that? If you are just short 2k you need to show 6k in assets. This can be home equity, an extra automobile, savings, etc. 

Side jobs getting paid in cash do also count if they show on your tax returns. Why did the attny say they dont count?

I know someone that came here on a K1 visa and applied for EAD first (Had to pay a fee) then applied for I485 later on. 

[Boiler 45,493]

Not much point when the EAD will have expired before you get it.