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I-864: Can Spouse's Liquid Assets Be Taken Into Account When Filing AOS?

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Hi everyone!

Please excuse my ignorance especially if these questions have been answered before, but I'm now starting to do all of my research on AOS and can't really find anything pertaining to the exact questions I have.

My fiance will be coming in on a K1 visa in April, we're doing a quickie wedding at city hall then we will be filing AOS immediately after. I've just downloaded all the forms and in regards to the i-864, I know I have to show my last 3 years tax returns - which I have, all above the poverty line.

I was unemployed for about 2/3 of last year (budget cuts at my former company), but since then got a new, higher paying job in August 2014. I just filed my 2014 taxes and despite only being employed for about 1/3 of the year, it's still over the poverty line. When my fiance went to his interview, the i-134 was fine, I had a letter from my employer and we were good to go.

Here's where my nerves are kicking in. I'm hearing rumblings at my current company that there may be budget cuts coming up. Not sure if or how it will effect me but it makes me nervous, especially with AOS looming. And really, nothing is certain in life.

If the absolute worst should happen at my current job between now and mid-April (which I'm praying it doesn't) can my fiance, by then my husband, use his liquid assets as proof when filing the i-864? I feel like I've read on here that it's been done in the past if the amount is 5x the poverty line. And he definitely has more than that in liquid assets. Also, he can prove he's had the balance in his account for several years. Could he use bank statements showing the amount he has in his accounts to prove he won't be a public charge?

Again, this is absolute worst case. I could just be paranoid but I want to make sure all my bases are covered ahead of time.

Thanks so much!


K-1 Visa Journey:

Service Center: Texas Service Center

Transferred? No

Consulate: London, United Kingdom

Engaged in Greece: 2014-04-20

I-129F Sent: 2014-05-30

NOA1: 2014-06-05

RFE: 2014-11-12

RFE Reply Received: 2014-11-20

NOA2: 2014-12-09

Case Sent to NVC: 2014-12-12

NOA2 Hard Copy Received: 2014-12-16

NVC Received Case: 2014-12-19

NVC Case Number Assigned: 2014-12-19

Case Sent to Consulate: 2014-12-23

Case "Ready" at Consulate: 2015-01-05

Medical: 2015-01-12

Interview: 2015-02-11 APPROVED!!!!!

Visa Received: 2015-02-20 :)

US Entry Date: 2015-04-11

Married at NYC City Hall: 2015-04-17

AOS Journey:

I-485/I-131/I-765 Sent to Chicago Lockbox: 2015-04-23

NOA1: 2015-05-04

RFE: 2015-05-22

Biometrics: 2015-05-26

RFE Reply Received: 2015/07/10

EAD/AP Approved: 2015/08/28

AOS Approved: 2015/11/23 :dancing:

GC Recieved: 2015/12/3 - WRONG DATA!!! :cry:But I passed my NY State drivers test on the same day!

I-90 Filed: 2015/12/4
NOA 1: 2016/1/2
Biometrics: 2016/1/20
Expedite case request: 2016/4/4
Infopass appointment: 2016/4/15
Expedite case approved: 2016/4/20

NEW GC Recieved: 2016/4/27 :)Drivers license 'temp visitor' removed: 2016/5/11 (now a people again!!!)

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It's three times the difference when using assets for a spouse on an I-864, not five times.

And yes, the alien's liquid assets can be used. This is stated in the I-864 instructions on page 7, part 7, paragraph 6 - 8.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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It's three times the difference when using assets for a spouse on an I-864, not five times.

And yes, the alien's liquid assets can be used. This is stated in the I-864 instructions on page 7, part 7, paragraph 6 - 8.

Thank you so much for confirming and for pointing me in the right direction on the instructions page. It's a lot to take in all at once. Really appreciate it! :)


K-1 Visa Journey:

Service Center: Texas Service Center

Transferred? No

Consulate: London, United Kingdom

Engaged in Greece: 2014-04-20

I-129F Sent: 2014-05-30

NOA1: 2014-06-05

RFE: 2014-11-12

RFE Reply Received: 2014-11-20

NOA2: 2014-12-09

Case Sent to NVC: 2014-12-12

NOA2 Hard Copy Received: 2014-12-16

NVC Received Case: 2014-12-19

NVC Case Number Assigned: 2014-12-19

Case Sent to Consulate: 2014-12-23

Case "Ready" at Consulate: 2015-01-05

Medical: 2015-01-12

Interview: 2015-02-11 APPROVED!!!!!

Visa Received: 2015-02-20 :)

US Entry Date: 2015-04-11

Married at NYC City Hall: 2015-04-17

AOS Journey:

I-485/I-131/I-765 Sent to Chicago Lockbox: 2015-04-23

NOA1: 2015-05-04

RFE: 2015-05-22

Biometrics: 2015-05-26

RFE Reply Received: 2015/07/10

EAD/AP Approved: 2015/08/28

AOS Approved: 2015/11/23 :dancing:

GC Recieved: 2015/12/3 - WRONG DATA!!! :cry:But I passed my NY State drivers test on the same day!

I-90 Filed: 2015/12/4
NOA 1: 2016/1/2
Biometrics: 2016/1/20
Expedite case request: 2016/4/4
Infopass appointment: 2016/4/15
Expedite case approved: 2016/4/20

NEW GC Recieved: 2016/4/27 :)Drivers license 'temp visitor' removed: 2016/5/11 (now a people again!!!)

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