HELP - Adjustment of Status I-485 Problem

[PolarBearCBB 1]

This is for a K1 Visa - Green Card I-485 Adjustment of Status -  Interview. The tax returns they have showed I made $44,440.00 in 2017 👍. This year I made less than $21,000, about $19,000- $20,000.00  for 2018  the company changed a lot, even its name, and things were a lot worse. However, my wife got a job at $11 an hour (full time 40 hours a week I think) and in the last 2 months and made a little bit of money, hopefully at least $2,000.00 we haven't filed our taxes yet but if we file together as a married couple it should be at $21,000.00 give or take. Which is okay right?  Now for the other problem, about 8 weeks ago, I had a car accident, broken neck fracture of the 7th cervical vertebrae which I am currently recovering from. 😢😢 I have an appointment on Feb 11th, and may remove my collar, keep it on and maybe even surgery I don't know what will happen. But I've missed 2 months of work, i have a doctors statement saying I may not work and that I have an appointment on Feb 11th and they'll make a decision on whether I can return to work, etc. , and a statement from work that I am on extended medical leave but still employed at the same position. 

 

So, are we going to be denied and told we need a co-sponsor/joint sponsor? 

What if I hadn't made $21,000 this year, what if me and my wife together make $21,000 for the 2018 year?? (but the interview is before taxes are filed) 

 

Any help appreciated, need to know the answers to these questions.😟

Colton

Edited January 13, 2019 by PolarBearCBB

[geowrian 22,337]

Sorry to hear about the accident and medical problems.

 

A few items:

1. It sounds like you already filed for AOS. If so, the existing I-864 you filed or AOS is still valid. That said, if the IO requests a new I-864 then you will need to provide an updated one. If they learn of the change in work status, they are likely to do so IMO.
2. The I-864 income level is based on your current income level. If you are not currently earning money, then that income is $0.
   1. Do you have any sort of disability income? That can be counted.
   2. Tax returns for an employee only show past income, not current income. For instance, if I worked 6 months last year @ $100k/year then got laid off, my current annual income is $0 ( not the $50k I earned previously). If I was unemployed for the first 6 months then got a job making $50k/year, my current annual income is $50k.
   3. The IO makes a public charge consideration based on the totality of the circumstances. So the tax returns / work history may be a consideration for that as well. But a satisfactory I-864 (meaning meets the minimum current income or suitable assets) must be provided.
3. I'm assuming your wife has an EAD. If so, her income can be counted on the I-864 (no I-864A needed for your spouse as the intending immigrant being sponsored).

I'd recommend having a new I-864 (plus supporting documentation) ready to present for the interview. Don't bring it up unless asked. That way you're prepared in case they do ask for one.

Worst case is they issue an RFE requesting a satisfactory I-864...either if you start earning income again before that is due, or via a joint sponsor.

 

Best wishes and I hope you have as speedy of a recovery as possible.

Edited January 14, 2019 by geowrian

[PolarBearCBB 1]

Hey thanks for the awesome reply man! I am currently earning no money, but I am still employed but on extended medical leave until the doctor says I can work again. Do you recommend that I try to get social security disability benefits going, i don't think I have time, the interview is in like 4 days, and I also have to make a new 864. It will probably be Feb 11th before I return to work. My does have a EAD, makes 11.00 per hour, works full time I think 40 hours a week, paid every 2 weeks.

 

Colton

[C90 376]

If I were you I would find a co-sponsor just in case. If they do request a new I-864 and a co-sponsor, you'd already have everything ready to hand over to the interviewer and you might get approved right then and there instead of getting an RFE. Better safe then sorry right? 

[geowrian 22,337]

13 hours ago, PolarBearCBB said:

Hey thanks for the awesome reply man! I am currently earning no money, but I am still employed but on extended medical leave until the doctor says I can work again. Do you recommend that I try to get social security disability benefits going, i don't think I have time, the interview is in like 4 days, and I also have to make a new 864. It will probably be Feb 11th before I return to work. My does have a EAD, makes 11.00 per hour, works full time I think 40 hours a week, paid every 2 weeks.

The specifics on disability is not in my level of expertise, sorry. Fortunately I've not had to use any such program personally yet.

 

At this point, I think you have 2 options:

1) Go with a new I-864 including your spouse's info.

2) Find a joint sponsor ASAP and go with that.

 

I think #1 should be sufficient, but #2 is safer overall. Then again, it sounds like you will be returning to work soon so (assuming that happens) worst case is you just get delayed via an RFE.