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Martacz

Affidavit of support - husband not working but my income exceeds poverty level

By Martacz in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Martacz Contributor

Martacz   52

Posted
Filed: AOS (pnd) Country: Poland
 Timeline
Posted

Hi folks,

 

The puzzle I've got for y'all today is:

 

my husband (the petitioner) quit his job in November and is going back to college in the end of January. He will find himself some part time job that will work with his classes schedule, however, as of now, he doesn't hold any job and has no income. We've gotten a letter that our green card interview is scheduled for January 30th. 

 

On the other hand, I work for a government agency and my income greatly exceeds the poverty level for the household of two. I have started working in December. 

 

My question is: Is that sufficient to fulfil the requirements of the affidavit of support or does it have to be petitioner holding a job and exceeding poverty levels? Of course we'll include my income in the part 6. (Sponsor's employment and income), section: "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending applicant" of the affidavit.

 

Also, the instruction says: "If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status.". How do I prove that I will remain employed? Will employment letter saying that I have a full time job do? 

 

I really hope we won't have to be using a joint sponsor in this case.. 

 

Thank you!

I-751 ROC

11/08/2021 - I-751 application sent to USCIS through FedEx

11/12/2021 - Documents received by USCIS

11/15/2021 - Text message informing of receipt notice being sent in mail

11/16/2021 - Bank account charged for I-751 form and biometrics

 

AOS

05/02/2019 - AOS/EAD/AP application mailed to USCIS (priority mail with USPS)

05/04/2019 - AOS/EAD/AP application delivered

05/09/2019 - "Your case was received" texts with the receipts' numbers

05/09/2019 - Case status changed to "Case was received" (MyUSCIS)

05/09/2019 - Case status changed to "Fingerprint fee was received" (MyUSCIS)

05/14/2019 - NOA1 letters received in mail (NOA1 date: 05/09/2019)

05/24/2019 - Biometrics letter received (NOA2 date: 05/17/2019)

06/05/2019 - Completed biometrics 

06/06/2019 - Case status changed to "Fingerprint review was completed" (MyUSCIS)

07/11/2019 - Case status changed to "Case is ready to be scheduled for an interview" (MyUSCIS)

12/23/2019 - Case status changed to “Interview Was Scheduled”

12/30/2019 - Interview Notice letter received in mail

01/30/2020 - Interview 👫📚

01/31/2020 - Case status changed to "New Card is Being Produced" (MyUSCIS)

01/31/2020 - Case status changed to "Case Was Approved" (MyUSCIS)

02/04/2020 - Case status changed to "Card Was Mailed to Me"

02/05/2020 - Case status changed on EAD to "Card Was Picked Up By The United States Postal Service" (CaseTracker); tracking number provided

 

Expedited AP

07/18/2019 - Called USCIS (800 375-5283) to expedite the process of AP issuance based on family emergency

07/22/2019 - An email from USCIS requesting additional information

07/23/2019 - Requested documents sent back to USCIS via fax (took an hour to go through) 

07/26/2019 - Escalated an expedite request to USCIS Tier 2 (no e-mail confirming receipt of docs);

                         Service request submitted by Tier 2 to NBC; response to be received by 08/10/2019

08/01/2019 - E-mail from NBC confirming that my "application has been approved and submitted for processing"

08/02/2019 - Case status changed on EAD to "New Card is Being Produced"

08/03/2019 - Case status changed on AP and EAD to "Case Was Approved"

08/05/2019 - I-797 NOA received in mail ("We have approved you application for an Advance Parole Document")

08/05/2019 - Case status changed on EAD to "Card Was Mailed to Me"

08/06/2019 - Case status changed on EAD to "Card Was Picked Up By The United States Postal Service" (CaseTracker); tracking number provided

08/08/2019 - Combo EAD/AP card in hand 🎉 🍾🥂👩‍💼

08/08/2019 - Case status changed on EAD to "Card Was Delivered To Me By The Post Office"

Unlockable Mentor

Unlockable   7,314

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

How are you going to prove your job will continue after you immigrate to the US? Are you going to continue working that job after you come to the US?

 

If there is no way for you to continue then you providing such evidence is moot.

 

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Martacz Contributor

Martacz   52

Posted
Filed: AOS (pnd) Country: Poland
 Timeline
  • Author
Posted (edited)
4 minutes ago, Unlockable said:

How are you going to prove your job will continue after you immigrate to the US? Are you going to continue working that job after you come to the US?

 

If there is no way for you to continue then you providing such evidence is moot.

 

 

I am here, in the States and I am employed by the US government agency in Austin. We're having a green card interview.

Edited by Martacz

I-751 ROC

11/08/2021 - I-751 application sent to USCIS through FedEx

11/12/2021 - Documents received by USCIS

11/15/2021 - Text message informing of receipt notice being sent in mail

11/16/2021 - Bank account charged for I-751 form and biometrics

 

AOS

05/02/2019 - AOS/EAD/AP application mailed to USCIS (priority mail with USPS)

05/04/2019 - AOS/EAD/AP application delivered

05/09/2019 - "Your case was received" texts with the receipts' numbers

05/09/2019 - Case status changed to "Case was received" (MyUSCIS)

05/09/2019 - Case status changed to "Fingerprint fee was received" (MyUSCIS)

05/14/2019 - NOA1 letters received in mail (NOA1 date: 05/09/2019)

05/24/2019 - Biometrics letter received (NOA2 date: 05/17/2019)

06/05/2019 - Completed biometrics 

06/06/2019 - Case status changed to "Fingerprint review was completed" (MyUSCIS)

07/11/2019 - Case status changed to "Case is ready to be scheduled for an interview" (MyUSCIS)

12/23/2019 - Case status changed to “Interview Was Scheduled”

12/30/2019 - Interview Notice letter received in mail

01/30/2020 - Interview 👫📚

01/31/2020 - Case status changed to "New Card is Being Produced" (MyUSCIS)

01/31/2020 - Case status changed to "Case Was Approved" (MyUSCIS)

02/04/2020 - Case status changed to "Card Was Mailed to Me"

02/05/2020 - Case status changed on EAD to "Card Was Picked Up By The United States Postal Service" (CaseTracker); tracking number provided

 

Expedited AP

07/18/2019 - Called USCIS (800 375-5283) to expedite the process of AP issuance based on family emergency

07/22/2019 - An email from USCIS requesting additional information

07/23/2019 - Requested documents sent back to USCIS via fax (took an hour to go through) 

07/26/2019 - Escalated an expedite request to USCIS Tier 2 (no e-mail confirming receipt of docs);

                         Service request submitted by Tier 2 to NBC; response to be received by 08/10/2019

08/01/2019 - E-mail from NBC confirming that my "application has been approved and submitted for processing"

08/02/2019 - Case status changed on EAD to "New Card is Being Produced"

08/03/2019 - Case status changed on AP and EAD to "Case Was Approved"

08/05/2019 - I-797 NOA received in mail ("We have approved you application for an Advance Parole Document")

08/05/2019 - Case status changed on EAD to "Card Was Mailed to Me"

08/06/2019 - Case status changed on EAD to "Card Was Picked Up By The United States Postal Service" (CaseTracker); tracking number provided

08/08/2019 - Combo EAD/AP card in hand 🎉 🍾🥂👩‍💼

08/08/2019 - Case status changed on EAD to "Card Was Delivered To Me By The Post Office"

Unlockable Mentor

Unlockable   7,314

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted (edited)
2 minutes ago, Martacz said:

I am here, in the States and I am employed here for the US government agency. We're having an interview for a green card.

OK. That is good. (edit: just noticed you are adjusting status)

 

Your income should be sufficient, however, it is still up to the officer to decide to take your income into account. But from my eyes I don't see it as a problem.

 

The only issue is may be the longevity/stability of your job

Edited by Unlockable

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
4 minutes ago, Unlockable said:

How are you going to prove your job will continue after you immigrate to the US? Are you going to continue working that job after you come to the US?

 

If there is no way for you to continue then you providing such evidence is moot.

 

 

Adjustment of Status 

YMMV

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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