minimum income requirements and co sponsors

[synnfusion 0]

Hello all, I'm currently waiting on a K-1 visa for my fiance from China. Once she's here I would like to apply for adjustment of status which apparently requires making 20,300 dollars per year. I am a graduate student and my current salary for the past few years is 20,000 (so very very close!). I started driving for uber during 2018, so by 2019 when it comes time to apply I will have a full year where I have made significantly more than the required 20,300 but I'm not sure how long they require an income to have been made. If all of that fails, my parents would happily co-sponsor. However they are retired, and therefore technically have no income, but they have a net worth of a few hundred thousand dollars. If a co-sponsor is required, would they be meet the requirements to do it? Interestingly it seems quite difficult to find a concise list of co-sponsor requirements. Maybe I'm just bad at searching.

[debbiedoo 2,339]

co sponsor requirements are the exact same as sponsor requirements.

 

They will be mostly concerned with current income. Since Uber is not a 'regular' (W2) job, even though your income would be high enough based on the tax return, it would probably be best to have a co sponsor.

[geowrian 22,337]

Note that Uber would be classified (currently) as self-employment income. As such, they will only consider what is claimed on your tax returns (line 22 of the 1040). Revenue earned from Uber in 2019 won't be considered (unless your I-864 is sent in 2020 after filing taxes).

[thatguyuknow 147]

Put your money into savings and use assets to meet income requirement. It needs to be 3 times the difference. 

 

So say you have 10k in the bank. 10k/3 = 3333.00

 

3333.00 + 20k a year = 23333.00 etc.....

 

I believe you have to have the money for at least like 6 months thought and have bank statements to show that. 

 

Edit: I dont think you can use assets to get her here but i believe you can use assets for AOS

Edited October 13, 2018 by thatguyuknow

[geowrian 22,337]

35 minutes ago, thatguyuknow said:

I believe you have to have the money for at least like 6 months thought and have bank statements to show that. 

 

Edit: I dont think you can use assets to get her here but i believe you can use assets for AOS

There is no strict requirement on how long it needs to be there, but the CO needs to confident that the funds are their own to do what they want with them. There's plenty of cases of people trying to take out a loan or hold money from a friend or family member just to get the visa, so they want to know the money is actually your own to do what you want with it. Some COs want to see 12 months, but if there is  a good explanation, then that can work too.

 

Varies by consulate...some take assets fine and others are less inclined to accept assets. For AOS, they will consider assets regularly.

[synnfusion 0]

Thanks guys. So it seems like assets of a co-sponsor are an option (or my own assets) and there's no strict requirement on how long I need to have had the income.