Financial requirements - Green Card

[nebulak 2]

Hello! Me (29, Germany) and my fiance (26, US citizen) are in the process of getting the K1. I have a question regarding the financial requirements when it's time to file the I-485. We are meeting the requirements but it's tight so we are only a few thousand over the requirements which are 125% of poverty line. 

When the K1 is done and I go to the US to marry him and we file the I-485 and fill out the affidavit of support and everything is good but then it maybe takes two years to actually get the interview and maybe something bad happens by then, like losing a job or whatever and then it puts us slightly under 125% of the poverty line, would I then get my green card denied and would need to leave the country? 

 

In simpler words, even if we meet the requirements when filing I-485, could they still deny us bc years later when there is finally the interview, we experience financial hardships of any kind? In case you are wondering why I'm asking, I just have a problem with worrying a lot in general. 

[powerpuff 6,744]

They might issue an RFE when you apply for AOS stating you do not have sufficient income because it’s only marginally over the threshold. They will ask for a joint sponsor.

 

If they do not issue an RFE, when time comes for the interview, they will most likely ask, at the interview, for an updated I-864 and supporting documents. If your income is below or marginally over the threshold, prepare to bring joint sponsor’s I-864 and supporting documents.

Edited February 28, 2023 by powerpuff

[nebulak 2]

3 minutes ago, powerpuff said:

They might issue an RFE when you apply for AOS stating you do not have sufficient income because it’s only marginally over the threshold. They will ask for a joint sponsor.

 

If they do not issue an RFE, when time comes to the interview, they will most likely ask for an updated I-864 and supporting documents. If your income is below or marginally over the threshold, prepare to bring joint sponsor’s I-864 and supporting documents.

I did not know this, so people get denied even though they meet the requirements? Just because they don't meet them "enough"?

[powerpuff 6,744]

Just now, nebulak said:

I did not know this, so people get denied even though they meet the requirements? Just because they don't meet them "enough"?

Yes, absolutely they can. The interviewing officer has the discretion to base the decision on the entirety of circumstances and can deem that you are a risk to become a public charge. You have to understand that the poverty guidelines are already extremely low;  they are the bare minimum

[nebulak 2]

4 minutes ago, powerpuff said:

Yes, absolutely they can. The interviewing officer has the discretion to base the decision on the entirety of circumstances and can deem that you are a risk to become a public charge. You have to understand that the poverty guidelines are already extremely low;  they are the bare minimum

Yes but let's say I would get work authorization while waiting for the interview, then we would make a lot more obviously and it wouldn't be a problem anymore. But I'm hearing so much about the work authorizations taking so long that people get their interview before they are allowed to work. In that case that wouldn't be our fault. Does that make sense?

[powerpuff 6,744]

He (your spouse to be) is your primary financial sponsor and petitioner. He is obligated to show he can support you and ensure you will not become a public charge or he needs to find a joint sponsor (he still remains the primary financial sponsor despite a joint sponsor).

 

7 minutes ago, nebulak said:

But I'm hearing so much about the work authorizations taking so long that people get their interview before they are allowed to work.

That’s exactly what happened to me when I was adjusting from K1.

 

7 minutes ago, nebulak said:

In that case that wouldn't be our fault. Does that make sense?

No, it doesn’t make sense. You chose to pursue a K1 path that requires you to adjust status. That was your choice as a couple and nobody else’s. If this was an issue and you wanted to work right away, then you should have pursued CR1 spousal visa path.

Edited February 28, 2023 by powerpuff

[JeanneAdil 6,583]

Marry and go thru the CR1

125% income level needed at CR1 interview  but u can be added to his work place insurance instead of him paying outright for it under the K1 

and the CO will take into consideration that u can work and add to the household income

[Scandi 4,173]

6 minutes ago, powerpuff said:

 

 

No, it doesn’t make sense. You chose to pursue a K1 path that requires you to adjust status. That was your choice as a couple and nobody else’s. If this was an issue and you wanted to work right away, then you should have pursued CR1 spousal visa path.

Correct, the CR-1 visa is the way to go. That would also remove the issue of the US citizen not being able to support their spouse down the road - once the visa is issued, the i-864 isn't an issue anymore. For the K-1, once the visa is issued you still have a loooong way to go and USCIS can absolutely ask for an updated i-864 by the time of the interview (which can be two+ years after filing, of course). 

Edited February 28, 2023 by Scandi

[Mike E 11,741]

54 minutes ago, nebulak said:

would I then get my green card denied

possibly 

54 minutes ago, nebulak said:

 

and would need to leave the country?

Usually what happens is the couple files I-485 again, immediately.  
 

Some wait until their income improves. I don’t recommend this because then the K-1 is in a period of unauthorized presence. 

54 minutes ago, nebulak said:

 

In simpler words, even if we meet the requirements when filing I-485, could they still deny us bc years later when there is finally the interview, we experience financial hardships of any kind?

yes. 

54 minutes ago, nebulak said:

In case you are wondering why I'm asking, I just have a problem with worrying a lot in general.

Immigration is expensive. And the K-1 is the most expensive way to immigrate.  
 

A K-1 visa seems to mostly attract  younger, lower income couples who are impoverished.  It’s not a good choice for these couples. A CR-1 allows the immigrant spouse to work from day 1. 
 

With the USA experiencing double digit inflation, 125 percent of poverty level might surpass $30,000 by the time you file I-485. In several states that’s just minimum wage. I can’t imagine how one person can live on that.  Two people defies all logic and reason. 
 

You appear to require a joint sponsor. 

[JeanneAdil 6,583]

you need to understand the cost of AOS is expected to go from $1225 to $2820 

[nebulak 2]

1 hour ago, Mike E said:

possibly 

Usually what happens is the couple files I-485 again, immediately.  
 

Some wait until their income improves. I don’t recommend this because then the K-1 is in a period of unauthorized presence. 

yes. 

Immigration is expensive. And the K-1 is the most expensive way to immigrate.  
 

A K-1 visa seems to mostly attract  younger, lower income couples who are impoverished.  It’s not a good choice for these couples. A CR-1 allows the immigrant spouse to work from day 1. 
 

With the USA experiencing double digit inflation, 125 percent of poverty level might surpass $30,000 by the time you file I-485. In several states that’s just minimum wage. I can’t imagine how one person can live on that.  Two people defies all logic and reason. 
 

You appear to require a joint sponsor. 

Thank you for your long response, that really helped to understand the process. 

[SalishSea 17,970]

6 hours ago, nebulak said:

I did not know this, so people get denied even though they meet the requirements? Just because they don't meet them "enough"?

They look at the totality of circumstances when evaluating the risk of becoming a public charge.   The income guidelines are just minimums.

 

 Your best bet is to have a joint sponsor lined up.   Better yet would be for the USC petitioner improve his financial situation ASAP.   If you’re that close to the poverty line already, how will you cope with close to a year of not being able to work while adjusting status?

 

K-1 is not the best choice for low-income people.

[Sarah&Facundo 598]

The poverty line is barely livable in the US. I have no idea how two people support themselves on any salary even close to that and I am not a fancy person at all whatsoever. This country is EXPENSIVE and with inflation, prices are soaring. So more importantly than immigration, your fiance needs to work on improving their economic situation or it will be a STRUGGLE living here. When you apply for the K1, you guarantee that your petitioner can support the two of you, whether the beneficiary has a job or not. That's exactly what we as petitioners sign and it is what's expected so it is fairly laid out. 

 

If you are that close to the poverty line, it is advisable to have a joint sponsor lined up. This will lessen the chances of receiving a denial, plus ideally help you out financially when you come here.

 

But hopefully once you receive your work permit, you will be able to work and contribute! Good luck!

[Lemonslice 4,922]

On the plus side, employment is abundant right now.  Entry-level positions are available between $15-$20/hour in most locations, and that will be enough to satisfy immigration.  In high-cost of living area, it is still a pittance, but it will be ok for immigration. 

 

If your spouse has trouble finding a better paid position, most state have career/employment centers to help them.  

https://www.careeronestop.org/LocalHelp/AmericanJobCenters/american-job-centers.aspx