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Posted

Hi,

 

My spouse entered on a B-2 visa, and sometime (more than 90 days) into his trip we decided to get married and file AOS. I am currently super stressed about the I-864, and indeed my I-130 in general, due to my employment and residence background over the past 5 years. Basically I have moved a lot in the past few years, many subleases in NYC, etc, and I have been in and out of both regular and self-employment over the years, including unemployed. To add to that I have received some Medicaid, SNAP and unemployment benefits on and off over the last 2 years.

 

Income and tax-wise, here is where I stand:

 

2017: tax filed, income above 125% poverty level

2018: tax not filed, income above 125% poverty level, intending to file ASAP

2019: tax filed, income BELOW 125% poverty level

2020: tax just filed by mail, income above 125% poverty level

2021: tax not filed (yet), income appears to be just below 125% poverty level

 

No matter how I cut it, even IF, and that is a big IF, I am able to add sufficient income and/or make up the difference with 5x of my cash assets, it will VERY close and just above 125% poverty.

 

We plan to file the I-485 and I-130 packages within the next week, as his validity of stay on the B2 visa expires Dec 14, 2021. My family situation is not good and finding a joint sponsor for the I-864 will be difficult. 

 

Should I even consider filing I-864 Affidavit of Support for my spouse by myself, since my 2020 taxes haven't even been issued a receipt yet? I do have W2s stating sufficient income.

Will I need to find a joint sponsor no matter what after filing I-130 & I-485, if my income from 2021 + 5x cash assets is not sufficient? Do I then bring this joint sponsor I-864 to the interview?

Will the whole thing be denied because my ability to financially support my spouse is dubious? Should I use any previous years tax and income information?

Thanks
 

 

Posted (edited)
  On 11/7/2021 at 2:34 AM, HRQX said:

How about CURRENT income? I.e. recent pay stub times the applicable amount of pay periods in a calendar year.

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I am self-employed and doing gig work, so I don't have pay stubs per-se. But as of October 2021 my monthly income x 12 is definitely over 125% poverty. I imagine this might be dubious for them as well since I don't have paystubs for this work. 

 

I have also just started a part-time job, 12 hours a week for a major retail chain, and I don't anticipate being unemployed going forward as I am very employable at the pay level I am currently working.

 

Edited by thranduil
Posted
  On 11/7/2021 at 3:04 AM, thranduil said:

I am self-employed and doing gig work, so I don't have pay stubs per-se. But as of October 2021 my monthly income x 12 is definitely over 125% poverty. I imagine this might be dubious for them as well since I don't have paystubs for this work. 

Expand  

If you are unable to provide evidence of your income, you will need a joint sponsor.

Posted
  On 11/7/2021 at 6:35 PM, Jorgedig said:

If you are unable to provide evidence of your income, you will need a joint sponsor.

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I do have screenshots / reports from the app showing money earned as well as corresponding bank deposit records. However, as I said it will be quite close when calculating 2021’s income and perhaps not sufficient.

 

going forward, from Oct 2021 into 2022 I definitely have above 125% poverty. Is this sufficient? Despite possibly not making 125% in 2021?

Posted
  On 11/7/2021 at 7:47 PM, thranduil said:

I do have screenshots / reports from the app showing money earned as well as corresponding bank deposit records. However, as I said it will be quite close when calculating 2021’s income and perhaps not sufficient.

 

going forward, from Oct 2021 into 2022 I definitely have above 125% poverty. Is this sufficient? Despite possibly not making 125% in 2021?

Expand  

Screen shots are not adequate.

 

If your income is inconsistent or borderline, it is strongly advised to have a joint sponsor lined up.

Filed: AOS (apr) Country: Canada
Timeline
Posted
  On 11/7/2021 at 11:56 PM, Jorgedig said:

Screen shots are not adequate.

 

If your income is inconsistent or borderline, it is strongly advised to have a joint sponsor lined up.

Expand  

Agreed. Although the OP specified that joint sponsor is not possible.

 

My reco is to get a full-time job. There are tons of jobs out there and it does not have to be a six figure job. Employers are literally begging for workers to join them. Also, your spouse’s EAD could be approved by the time the interview comes around.

 

Posted
  On 11/8/2021 at 12:11 AM, chancecody said:

Agreed. Although the OP specified that joint sponsor is not possible.

 

My reco is to get a full-time job. There are tons of jobs out there and it does not have to be a six figure job. Employers are literally begging for workers to join them. Also, your spouse’s EAD could be approved by the time the interview comes around.

Expand  

I fully intend to get a full-time job as soon as possible. Currently I am trying to make as much money as fast as possible to hopefully close out 2021 above the minimum income.

 

My understanding is that (for Nov 2021 application filing) I must submit tax return/W2s from 2020.

 

Since I met the minimum requirements in 2020, is that to say it’s reasonably certain we will not be denied an interview based on financial reasons?

 

If we are granted an interview, and I am fully employed at that point, over the minimum income, would I would be able to make my case at the interview EVEN THOUGH my most recent tax returns (no longer 2020 as originally submitted, but now 2021) will be borderline insufficient?

 

Thank you all for your replies

 

 

 

 

Posted
  On 11/8/2021 at 1:43 AM, thranduil said:

I fully intend to get a full-time job as soon as possible. Currently I am trying to make as much money as fast as possible to hopefully close out 2021 above the minimum income.

 

My understanding is that (for Nov 2021 application filing) I must submit tax return/W2s from 2020.

 

Since I met the minimum requirements in 2020, is that to say it’s reasonably certain we will not be denied an interview based on financial reasons?

 

If we are granted an interview, and I am fully employed at that point, over the minimum income, would I would be able to make my case at the interview EVEN THOUGH my most recent tax returns (no longer 2020 as originally submitted, but now 2021) will be borderline insufficient?

 

Thank you all for your replies

 

 

 

 

Expand  

I am not sure I follow your train of thought here. This is how I understand the process. You file concurrently and the I-864 has to meet the income requirements. You may use a joint sponsor if you need to. If your I-864 does not meet the requirements, USCIS will likely issue a RFE (request for evidence), letting you know that the I-864 came up short and that you need a joint sponsor. 

I would just crunch numbers and find a sponsor. The process is not cheap and your other half will not be able to work until he gets his employment authorization. 

 

To get to the interview, you have to meet the minimum income. Does that make sense? Yes, you may bring additional paystubs etc, or statements, but it has to be in a format that they accept. Thus, screenshots and such are not suitable.

 

 

 

I-751 Joint Filing.

06-15-2021 - Case was updated to show fingerprints were taken. 

05-26-2021 - Received NOA/extension letter. Notice date and postmarked 05-20-2021.

05-23-2021 - Received text message with Receipt #. YSC Potomac Center.

05-21-2021 - Checks cashed (processing on joint checking account)

05-07-2021 - I-751 received in Arizona.

 

Marriage-based AOS - Concurrent filing.

05-07-2019 - AOS Approved. Resident since date 05/07/2019.

05-06-2019 - AOS Interview

04-23-2018 - "Case is ready to be scheduled for an interview"

03-16-2018 - Priority Date.

 
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