Married on ESTA + AOS

[Boiler 46,770]

Income requirements are the same in the lower 48 states. SO in CA terms pretty much any job would comfortable qualify, even a part time job.

[E&G 2]

  On 6/29/2023 at 9:56 PM, Boiler said:

 

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What kind of items can you list on your assets? I know car isn't allowed.

 

 

Also, can we also use my future spouse's savings too? 

[Boiler 46,770]

Cash in the bank is the obvious option, easily tradeable shares might work. You are the sponsor so they are looking at your assets.

[E&G 2]

  On 6/30/2023 at 3:20 PM, Boiler said:

Cash in the bank is the obvious option, easily tradeable shares might work. You are the sponsor so they are looking at your assets.

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I'm curious though. Why can't car be used as an asset?

 

Also, if my family (uncles etc) wanted to give me some money to congratulate me on my marriage, could we use that too? 

[Boiler 46,770]

What can be used as assets?

Financial sponsors can only include assets that are convertible into cash within one year and without considerable hardship or financial loss to the sponsor and his/her family. Examples of assets easily convertible to cash are savings, stocks, bonds and property. Sponsors may include the value of their home. They may not include the value of their automobile, unless they can show they have more than one and the primary automobile is not included as an asset.

[E&G 2]

  On 6/30/2023 at 3:33 PM, Boiler said:

What can be used as assets?

Financial sponsors can only include assets that are convertible into cash within one year and without considerable hardship or financial loss to the sponsor and his/her family. Examples of assets easily convertible to cash are savings, stocks, bonds and property. Sponsors may include the value of their home. They may not include the value of their automobile, unless they can show they have more than one and the primary automobile is not included as an asset.

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Can they use a home as an asset? Say for example, they are paying a mortgage - how would that work?

 

 

[Redro 4,613]

  On 6/30/2023 at 3:30 PM, E&G said:

I'm curious though. Why can't car be used as an asset?

 

Also, if my family (uncles etc) wanted to give me some money to congratulate me on my marriage, could we use that too? 

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If using assets, it is calculated as an average over 12 months. You’re supposed to show 12 months of bank statements. Big recent deposits should be explained. 
You can always file the I864 with your current circumstances and really work hard to get a job ASAP. If they don’t request RFE and ask you to submit another I864 you’re golden. If they do- resubmit a new I864 with updated job details… 

Here is a post you can follow 

Here is another thread where the petitioner had issues with sponsorship.

So, if you don’t meet the requirements first time round and you receive an RFE  make sure your I864 response is perfect the second time you submit. 

[Boiler 46,770]

  On 6/30/2023 at 3:46 PM, E&G said:

Can they use a home as an asset? Say for example, they are paying a mortgage - how would that work?

 

 

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A second home? Do not forget the hardship requirement.

[E&G 2]

  On 6/30/2023 at 3:49 PM, Redro said:

If using assets, it is calculated as an average over 12 months. You’re supposed to show 12 months of bank statements. Big recent deposits should be explained. 
You can always file the I864 with your current circumstances and really work hard to get a job ASAP. If they don’t request RFE and ask you to submit another I864 you’re golden. If they do- resubmit a new I864 with updated job details… 

Here is a post you can follow 

Here is another thread where the petitioner had issues with sponsorship.

So, if you don’t meet the requirements first time round and you receive an RFE  make sure your I864 response is perfect the second time you submit. 

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But won't my spouse have to leave the U.S if we get denied the 1st time around? at least temporarily.

 

  On 6/30/2023 at 3:50 PM, Boiler said:

A second home? Do not forget the hardship requirement.

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No I just mean I've read you can use a home as an asset. Like equity.

If the house costs 200k, and the sponsor has paid off 100k. The 100k would be an asset. 

Is that not true?

[Redro 4,613]

  On 6/30/2023 at 3:46 PM, E&G said:

Can they use a home as an asset? Say for example, they are paying a mortgage - how would that work?

 

 

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Page 9 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

but I suggest you read the entire document. 

[Redro 4,613]

  On 6/30/2023 at 3:52 PM, E&G said:

But won't my spouse have to leave the U.S if we get denied the 1st time around? at least temporarily.

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If you decide to adjust your spouse should NOT leave the US. She should remain until she receives AP or her Green Card. 
if she leaves after her authorized stay expires she faces the chance of a ban. 

[E&G 2]

  On 6/30/2023 at 3:54 PM, Redro said:

If you decide to adjust your spouse should NOT leave the US. She should remain until she receives AP or her Green Card. 
if she leaves after her authorized stay expires she faces the chance of a ban. 

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If she receives Advance Parole, but then AOS is denied and we refile. Could she use the AP to still travel?

[Boiler 46,770]

  On 6/30/2023 at 3:59 PM, E&G said:

If she receives Advance Parole, but then AOS is denied and we refile. Could she use the AP to still travel?

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The second AP yes.

[E&G 2]

  On 6/30/2023 at 3:52 PM, Redro said:

Page 9 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

but I suggest you read the entire document. 

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Ok thanks.

But for a joint sponsor. Their assets need to be 3x the difference between income and requirements right? 

[Redro 4,613]

  On 6/30/2023 at 3:59 PM, E&G said:

If she receives Advance Parole, but then AOS is denied and we refile. Could she use the AP to still travel?

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She will have to wait for AP connected to second application/ petition. 
If her ability to travel/ leave the US is more important than her need to remain in the US with you. I suggest you consular process. Your partner is still allowed to visit while the I130 is pending. 
Good luck! I’m sure you’ll figure it out.