Joint Sponsor and Assets enough when unemployed and uninsured??

[Cristina280390 60]

Hi everybody! I am new to this thread since up until a month ago I was doing NVC consular processing for my IR1. I have been married to my USC husband for three  and a half years and we have lived in my home country (where we met and married), and then Germany for my Postgraduate Studies. After I graduated, we left Germany and came to the US, drove around the country camping for a few months and then came back to my in-laws house  which we were using as our home base while getting our own life sorted.  My husband started looking for a job in January once we decided we wanted to settle in this area and start our ''american life'', and I was getting ready to fly to Peru to wait for my interview at the consulate to finish this whole thing. But as we all know, global pandemic got in the way of it all, so we decided (with legal advice) that I would just stay here and file AOS instead.

 

We are now preparing the paperwork and stumble upon the horrible I944. My husband is currently unemployed since he had just started looking for jobs when everything came to a stop. He hasn't been in the system, having lived a rather ''non traditional'' life as a Peace Corps Volunteer in Peru and then working freelance as an artist in Germany. We both have Masters, so we have the qualifications to get a job. I have 4 years of work experience as a Psychologist and I am proficient in three languages. Also, the German Goverment fully funded my MA as part of an Award which included monthly stipend, health insurance and family allowance. I am saying all of this since in the I944 they are supposed to be looking at the whole picture so I think that should give me some points despite the fact that we are both currently unemployed and uninsured. Also, neither of us has ever used public benefits of any kind.

 

I own an apartment in my home country that I am counting on my assets which puts us barely above the 3x125% above poverty line, so we asked my father in law to be our joint sponsor. He is retired but his yearly income goes way over the 3x125% above poverty line. We were adviced to wait until my husband has a job lined up with health insurance before filing the AOS, but in these circumstances it might be a while for that to happen, and I might have a better chance since I have more work experience than him.  Also, my tourist visa is running out in 45 days. I read somewhere that a signed affidavit by my joint sponsor saying that he would take care of expenses that might arise until I have a job might help me since I am not planing on purchasing any health insurance. Is it crazy to file our AOS as unemployed/uninsured? will it be an automatic no despite years of marriage and having been living abroad, despite a family member as our joint sponsor?

 

Sorry for the long post, and I appreciate your thoughts on this!

[geowrian 22,337]

16 minutes ago, Cristina280390 said:

I read somewhere that a signed affidavit by my joint sponsor saying that he would take care of expenses that might arise until I have a job might help me since I am not planing on purchasing any health insurance. Is it crazy to file our AOS as unemployed/uninsured? will it be an automatic no despite years of marriage and having been living abroad, despite a family member as our joint sponsor?

It is not a guaranteed denial. It would be a negative factor. Having a suitable sponsor is a positive factor. The IO will look at the totality of the circumstances and make a decision.

Worksheet as a guideline: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

 

How long you have been married, how much evidence of a legit marriage you have, etc., is a completely separate issue from the public charge inadmissibility. Don't confuse or mix the 2 items. You need both, and an abundance of one does not impact the other.

 

Why don't you plan on getting health insurance? That just seems crazy, especially during a pandemic.

Edited May 2, 2020 by geowrian

[Boiler 45,519]

Are your qualifications recognised in the US?

 

Will be some considerable time before you can work.

 

Agree that the Health Insurance thing could well be an issue.