AOS guidance

[immquestion 0]

Hi

My spouse is here on F1 visa and he worked on campus for 2018 and 2019. I was not working for 2018 and 2019.

My Spouse(beneficiary) income for 2018 and 2019 was $16,000 and $24,000. and out 2020 income will be more than $35,000, as my spouse have earned $21,000 so far and I have got the job as well.

My spouse is doing PhD and I am currently working as medical scribe. can we go ahead an file with out the co-sponsor, please.


We are planning filing joint tax returns, he will be considered as resident alien for tax purpose only.

if he get the stimulus payment , will this come under the public charge. or any negative effect on the AOS process.

Thanks

[pablo2752 106]

You need to show that you were working with stable incomes for last few years. Go find a co-sponsor. 

 

And no, stimulus check is NOT a public benefit - it is considered as its own tax credit. 

[immquestion 0]

3 hours ago, pablo2752 said:

You need to show that you were working with stable incomes for last few years. Go find a co-sponsor. 

 

And no, stimulus check is NOT a public benefit - it is considered as its own tax credit. 

Thanks 

 

I am a Doctor and Just started working as Medical Scribe. My Spouse on F1 visa have MA degree from USA and currently doing PHD and working on Campus as a TA and Part time teacher. 

 

Out Income for 2018 is $16,000, for 2019 24865 and for 2020 it will be more than $35,500.

 

My husband age is 32 years, credit score 756, No health issue , Have master degree from USA and from Home country as well, have private insurance. 

 

I (US citizen ) was having mass heath but Now i am having health insurance through employer. 

 

please can we file AOS with out the co-sponsor, with this profile.

 

 

[pablo2752 106]

I mean, nothing is stopping you and obvioulsy, IANAL(I am not a lawyer). 

But for the purpose of I-864, they don't generally consider your spouse' income. You have to show that you meet at least 125% of 2 people household federal poverty guideline . Here shows the guideline for the income requirement for the sponsor, and because you didn't work for last two years, you will almost certainly be asked to find a co-sponsor. 

 

Do you have absolutely nobody to ask to be co-sponsors? 

[immquestion 0]

No we don't have any one. we have asked some people but they are not willing to give. 

 

 

[mbssss 112]

19 hours ago, pablo2752 said:

I mean, nothing is stopping you and obvioulsy, IANAL(I am not a lawyer). 

But for the purpose of I-864, they don't generally consider your spouse' income. You have to show that you meet at least 125% of 2 people household federal poverty guideline . Here shows the guideline for the income requirement for the sponsor, and because you didn't work for last two years, you will almost certainly be asked to find a co-sponsor. 

 

Do you have absolutely nobody to ask to be co-sponsors? 

Not nessecarily true. They look at current income as well so if they can prove that with paystubs and letters, they MIGHT be okay. Also explaining why the income was low the previous year could help.

That is what me and my husband did, although our situation is different as he was a full time student and now has a very well paying job that was pretty easy to prove.

 

I would check with a lawyer though as every situation is different as I am clearly not a lawyer either, lol.

Edited July 23, 2020 by mbssss

[Journer 6]

Hi, my situation is similar to yours. I've been researching and I found this on the i-864 filing instructions document from the USCIS website: 

 

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. He or she does not need to complete Form I-864A unless he or she has 
accompanying children.

 

I hope this helps you!

[immquestion 0]

8 hours ago, Jkchavarria said:

Hi, my situation is similar to yours. I've been researching and I found this on the i-864 filing instructions document from the USCIS website: 

 

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. He or she does not need to complete Form I-864A unless he or she has 
accompanying children.

 

I hope this helps you!

how one can prove please, my spouse is on F1 visa(PhD Student)  and working on campus as a TA and Part time instructor. how we can prove this 

[Journer 6]

1 hour ago, immquestion said:

how one can prove please, my spouse is on F1 visa(PhD Student)  and working on campus as a TA and Part time instructor. how we can prove this 

You can submit her employment letter and the paystubs for the last six months. That's what I found on a different forum. https://www.google.com/url?q=https://www.***removed***/experiences/post/Question-regarding-I-864-95912/&usg=AOvVaw1s28KL6v2x7xIAC3Q3Ei1S

[immquestion 0]

1 minute ago, Jkchavarria said:

You can submit her employment letter and the paystubs for the last six months. That's what I found on a different forum. https://www.google.com/url?q=https://www.***removed***/experiences/post/Question-regarding-I-864-95912/&usg=AOvVaw1s28KL6v2x7xIAC3Q3Ei1S

his employment is not permanent, he get the teaching assignment every semester. he is working from Sep 2018.