Marriage-based Green Card Questions

[Lonesome Burtle 0]

Hi guys! I am new to this forum, I have some questions and would greatly appreciate any help from you. Thank you!!

 

My current status is F1 STEM OPT. My wife, who is a US citizen, and I married in July. We are looking to apply for a marriage green card for me. Correct me if I am wrong, but according to research, I think our case is pretty straightforward since I am already in the US, entered lawfully, no criminal history, etc.

 

Our main concern is about the affidavit of support. 

 

Our situations:

1. My wife (sponsor) is self-employed and she owns an online store. She has been self-employed for the past two years, but she is just starting to turn a profit this year. She is projected to make 40K this year. Since she has just started making money this year, she cannot use her tax documents from last year to prove income. She can only use her financial statements to back up her income.  We are worried that it may be a problem by her not having a "stable" source of income. 

 

2. My job currently pays 60K. I have a stable income and has been working this job for 2 years. I can meet the income requirement with my income. However, I've been wanting to quit my job to become a freelance designer. But by doing that, I will lose my proof of income, at least for a while. 

 

3. We have about 120K in savings. 

 

 

Questions:

1. What if: I quit my job before filing for the green card and we use my wife's income and our savings in the affidavit of support, would this likely cause any complications and would this be a good approach? 

 

2. What if: I keep my job and use my income to file for the green card, then quit my job while the application is processing. Then tell the immigration officer during the interview that "I changed jobs and became self-employed, though I cannot prove income but my wife still makes 40K and we have 120K in savings".  Would this likely cause any complications and would this be a good approach? 

 

3. If I decide to quit my job after I filed the applications to USCIS, how long should I wait before I quit? Does this matter?  

 

4. At the time of the interview, would it negatively affect our case if told the immigration officer that I am self-employed (but with no proof of income) or that I am actively looking for a job? 

 

5. If I quit my job, do I have to worry about possibly accumulating the 150 unemployment days (STEM OPT rule) while the adjustment of status is pending? I know I am ok as long as my AOS is being processed. But what if I am out of F1 status due to 150 unemployment days, then my AOS gets denied for some reason, which then makes me completely out of status? Would I be in trouble if this happens? 

 

Thanks again, greatly appreciate your help. 

[spring333 44]

Your job and your $$ dont count here. Your spouse who is an US Citizen has to make enough to support you. Check online what is the threshold for the state you live in. If she cannot meet those requirements, you would need a sponsor. She would need to provide last 3 tax returns showing her income. 

[srajeevan 5]

If you both live in the same household,you can include your income as well.

You can find it under Income Requirement.

https://www.uscis.gov/greencard/affidavit-support

 

Edited September 17, 2019 by srajeevan

[Lonesome Burtle 0]

22 minutes ago, spring333 said:

Your job and your $$ dont count here. Your spouse who is an US Citizen has to make enough to support you. Check online what is the threshold for the state you live in. If she cannot meet those requirements, you would need a sponsor. She would need to provide last 3 tax returns showing her income. 

I don't think that's correct. USCIS says the petitioner is allowed to count his/her spouse's income and asset to meet the financial requirement. 

 

I appreciate the response. But please do not provide misinformation if you are unfamiliar with the topic. 

[aznhouston 132]

1 hour ago, spring333 said:

Your job and your $$ dont count here. Your spouse who is an US Citizen has to make enough to support you. Check online what is the threshold for the state you live in. If she cannot meet those requirements, you would need a sponsor. She would need to provide last 3 tax returns showing her income. 

This is so WRONG.

I worked at the University under F1 visa and was able to use that income for AOS. He's on OPT with full employment, what prevents him from keeping working there after getting the greencard so he wouldn't become public charge? Nothing.

[aznhouston 132]

You do need to bring pay stub and company letter to the interview. I am not sure if they actually checked it, but they took mine away with other documents. I worked for the University when I filed for AOS and got a full time job at the time of the interview. 

My suggestion would be to wait until you get the card then quit the job. You can work as a designer in your free time.

 

Once you file the AOS package, and they accept it, you don't have to maintain your F1 anymore. You can keep working on the OPT until you get the EAD.

[Lonesome Burtle 0]

On 9/17/2019 at 4:50 PM, hoangthaihuy said:

You do need to bring pay stub and company letter to the interview. I am not sure if they actually checked it, but they took mine away with other documents. I worked for the University when I filed for AOS and got a full time job at the time of the interview. 

My suggestion would be to wait until you get the card then quit the job. You can work as a designer in your free time.

 

Once you file the AOS package, and they accept it, you don't have to maintain your F1 anymore. You can keep working on the OPT until you get the EAD.

Thanks for the suggestion!