Can you please check my situation and if It will go through?

[sushiS2 8]

Hello! I hope you are all staying safe.

I’m new to this website and the journey to green card, so please understand me if I seem so clumsy!

 

So, Currently I am a F-1 student visa student, who got married to an American citizen and is getting ready to file Green card docs such as Adjustment of Status and I-944, but My situation is a little difficult, so I wanted to have someone to hear my story and give me some advice like if I will be still okay with the green card journey.

 

Long story short, As mentioned, Both my husband and I are still college students who are graduating soon, so 2020 Tax Return Gross Income and Our annual income are about $27,000 as we are just graduating. I know we meet the income requirement for the green card, but what I am concerning is, the I-944.

I have some debts like a car loan and student loans in America, so My credit score is about 630 at the moment.

And I have been only having a health insurance from my school and It’s expiring soon in May, when I graduate. We also don’t have much saved money/assets and my bank account statement doesn’t seem that good either(meaning not a lot of money in the bank account).

However, both of us have never used the federal benefits before, and we have good background history.

 

Also, In our annual income that was reported in tax returns and pay stubs, Partially It was my income as well because I have been working on campus.

But, My student visa/I-20 is expiring this May due to graduation and I will probably stop working, so I am not sure if USCIS will reject it although I am applying before graduating and I have a personal letter from my work/boss.

 

Anyways, I know I have a little difficult situation because of low credit score or less income than usual married couple who apply, so I will really appreciate it if you can “honestly” give me any advice or thinkings if my case will be still approved for green card.

Thank you so much, It means a lot.

[Claireh703 18]

I don't know a great deal other than from my experience (J1 > AOS through marriage) but I'm pretty sure the sponsor (your husband) has to prove income over a certain amount (I-130) and it doesn't take into consideration yours.  My husband was furloughed at the time of filing and, although his unemployment was more than the threshold (as was his usual salary for a job he has had for 4 years), we got his dad to be a co-sponsor.  That might be something you could do if your husband's income doesn't meet the threshold.  We were also told by our lawyer that it looks good that we have his family's support.

 

My J1 ended before we got married (but I was still in the grace period) so I wasn't working when we filed and am unable to now until my I-765 is approved so I don't think it matters that you wont be working.... I don't think many beneficiaries are able to work until the EAD comes through.

 

I don't know how debt / credit scores affect the application or if they do at all.  If you have good credit in your home country, perhaps you could put that in too?  I have no credit score in the US but very good credit in the UK so included both.

[Timona 4,207]

You're good. Stop worrying about credit score. 

No need for a letter from your Boss. 

$27K is good income. You've met poverty guidelines. So stop worrying. 

 

[Ayrton 965]

9 hours ago, armyi1020 said:

Hello! I hope you are all staying safe.

I’m new to this website and the journey to green card, so please understand me if I seem so clumsy!

 

So, Currently I am a F-1 student visa student, who got married to an American citizen and is getting ready to file Green card docs such as Adjustment of Status and I-944, but My situation is a little difficult, so I wanted to have someone to hear my story and give me some advice like if I will be still okay with the green card journey.

 

Long story short, As mentioned, Both my husband and I are still college students who are graduating soon, so 2020 Tax Return Gross Income and Our annual income are about $27,000 as we are just graduating. I know we meet the income requirement for the green card, but what I am concerning is, the I-944.

I have some debts like a car loan and student loans in America, so My credit score is about 630 at the moment.

And I have been only having a health insurance from my school and It’s expiring soon in May, when I graduate. We also don’t have much saved money/assets and my bank account statement doesn’t seem that good either(meaning not a lot of money in the bank account).

However, both of us have never used the federal benefits before, and we have good background history.

 

Also, In our annual income that was reported in tax returns and pay stubs, Partially It was my income as well because I have been working on campus.

But, My student visa/I-20 is expiring this May due to graduation and I will probably stop working, so I am not sure if USCIS will reject it although I am applying before graduating and I have a personal letter from my work/boss.

 

Anyways, I know I have a little difficult situation because of low credit score or less income than usual married couple who apply, so I will really appreciate it if you can “honestly” give me any advice or thinkings if my case will be still approved for green card.

Thank you so much, It means a lot.

If 27k includes your income, and your spouse's income is below the poverty line (125%), then you will most likely need a joint sponsor. Your income can only be used if you can show you're gonna still be able to keep this income afterwards.

 

About the I-944, it's still a new form. At the end of the day, it's up to the IO to say yes or no, so it's gonna be a different situation for everybody. But if you get a joint sponsor, I would say you would be good.

[sushiS2 8]

13 hours ago, Claireh703 said:

I don't know a great deal other than from my experience (J1 > AOS through marriage) but I'm pretty sure the sponsor (your husband) has to prove income over a certain amount (I-130) and it doesn't take into consideration yours.  My husband was furloughed at the time of filing and, although his unemployment was more than the threshold (as was his usual salary for a job he has had for 4 years), we got his dad to be a co-sponsor.  That might be something you could do if your husband's income doesn't meet the threshold.  We were also told by our lawyer that it looks good that we have his family's support.

 

My J1 ended before we got married (but I was still in the grace period) so I wasn't working when we filed and am unable to now until my I-765 is approved so I don't think it matters that you wont be working.... I don't think many beneficiaries are able to work until the EAD comes through.

 

I don't know how debt / credit scores affect the application or if they do at all.  If you have good credit in your home country, perhaps you could put that in too?  I have no credit score in the US but very good credit in the UK so included both.

Thank you so much for your reply!

That's great that you were able to get a joint sponsor.

I hope everything goes well with your application!

13 hours ago, Timona said:

You're good. Stop worrying about credit score. 

No need for a letter from your Boss. 

$27K is good income. You've met poverty guidelines. So stop worrying. 

 

Thank you so much!

I will research more and try my best not to worry!

[sushiS2 8]

4 hours ago, Ayrton said:

If 27k includes your income, and your spouse's income is below the poverty line (125%), then you will most likely need a joint sponsor. Your income can only be used if you can show you're gonna still be able to keep this income afterwards.

 

About the I-944, it's still a new form. At the end of the day, it's up to the IO to say yes or no, so it's gonna be a different situation for everybody. But if you get a joint sponsor, I would say you would be good.

Thank you for your reply!

But I am not sure if I can get a joint sponsor because my husband's family are from another country,

but only he was born in America.

Thank you still for the information and reply.

[Timona 4,207]

1 hour ago, armyi1020 said:

Thank you for your reply!

But I am not sure if I can get a joint sponsor because my husband's family are from another country,

but only he was born in America.

Thank you still for the information and reply.

 

Your husband's family does not matter. He is the one sponsoring you, is in the US and meets financial obligation. That's all that matters.

[Ayrton 965]

6 hours ago, Timona said:

 

Your husband's family does not matter. He is the one sponsoring you, is in the US and meets financial obligation. That's all that matters.

 

OP clearly said that 27k includes her income on campus that won't continue after she graduates. So we still don't know if her husband's income is enough. And remember that current income is not the same as past income.

 

8 hours ago, armyi1020 said:

Thank you for your reply!

But I am not sure if I can get a joint sponsor because my husband's family are from another country,

but only he was born in America.

Thank you still for the information and reply.

 

What's his current annual income? Income on past return is different than current income. What's his current salary or hourly payment?

 

If by removing your income, his income is below 125% the poverty line, than he doesn't meet the requirements.

 

You can apply for AOS with this information, but be prepared in case they ask for a joint sponsor. A joint sponsor doesn't need to be a family member, it can be pretty much anyone, like a friend.

Edited March 2, 2021 by Ayrton

[sushiS2 8]

2 minutes ago, Ayrton said:

 

 

What's his current annual income? Income on past return is different than current income. What's his current salary or hourly payment?

 

If by removing your income, his income is below 125% the poverty line, than he doesn't meet the requirements.

His annual income is about $21,110, which is slightly about $400 less than the poverty line. I think we can cover the $400X3=$1,200 with our savings account, but I know this can be a little tight for the review. So, he’s currently trying to get new jobs that have more annual income than that.

 

We are just graduating from a university this May, so We were just working part time. But He will be able to get a better full time job with his major.

 

Thank you so much for caring and trying to help me by giving me advice!

[Ayrton 965]

3 minutes ago, armyi1020 said:

His annual income is about $21,110, which is slightly about $400 less than the poverty line. I think we can cover the $400X3=$1,200 with our savings account, but I know this can be a little tight for the review. So, he’s currently trying to get new jobs that have more annual income than that.

 

We are just graduating from a university this May, so We were just working part time. But He will be able to get a better full time job with his major.

 

Thank you so much for caring and trying to help me by giving me advice!

I would say file with what you have now. If you end up getting a RFE, be prepared to present a joint sponsor or an updated 864 in case he gets a better job. If he gets a job that offer health insurance, you can be added to that. If not, you can get short term insurance. Like I said, I-944 is still pretty new. I've seen people saying that the IO completely ignored the form and other people saying that they received RFEs for stuff they couldn't provide.

[Gapols 3]

1 hour ago, Ayrton said:

 

OP clearly said that 27k includes her income on campus that won't continue after she graduates. So we still don't know if her husband's income is enough. And remember that current income is not the same as past income.

 

 

What's his current annual income? Income on past return is different than current income. What's his current salary or hourly payment?

 

If by removing your income, his income is below 125% the poverty line, than he doesn't meet the requirements.

 

You can apply for AOS with this information, but be prepared in case they ask for a joint sponsor. A joint sponsor doesn't need to be a family member, it can be pretty much anyone, like a friend.

HEllo Sir. I think I'm on almost the same situation. When we Submitted our I-864, my Wife is above the poverty  line. But because of the pandemic, I think it went down a bit. Although my Father In-Law , her dad is our joint sponsor. My question is, do I need a new Form I-864 to bring in the Interview?

Thank you.

Edited March 2, 2021 by Gapols