Is my AOS at risk because of our financial situation?

[takkubakku 0]

Hi, everyone!

 

I want to ask for some advice regarding the unexpected turn of events on our financial situation and its possible effects on my AOS.

 

You see, everything was perfect last year; we were financially sound (barely above the poverty limit), my K1 visa got approved, we were able to bring me to the US without any problem, and we were able to get married a week after I got the US. By this time, our financial situation is perfect and everything just went according to plan. 

 

Unfortunately, before the year ends and a week after getting married, my husband got demoted from full time to part time at his work because his employer could no longer work with his school schedule for this semester (which they usually did). My husband also gets school loans which, normally, he would have an excess of but unfortunately, his classes this semester required him to spend so much of what could have been our backup money. To make everything even worse, a few weeks ago, he got a lawsuit for not paying his credit card debts and up to this point, we don't know what to do next or what's going to happen, will they get into our monthly income? will they take the little assets we own? (I was not aware of this when I married him but tbh, I don't even care). A lot more happened since then and right now we're just financially crippled.

 

Despite all these things happening in our lives, we still pushed through with my AOS-EAD-AP. We thought, the sooner we file the petitions (esp. EAD), the sooner I can get a job and be back on our feet again. When we did the I-864 btw, we put in the information for when he was working full time. We had the employer certification for that but it was dated July of last year. We submitted my petitions last month, January '17. As of writing, my petitions are already being processed by USCIS.

 

Things happened so fast that I'm just stressed out with what can happen next. At this point, I don't even care if we're barely making ends meet, what concerns me is the possibility of getting denied AOS or EAD. My visa expires next month and I don't want to be deported -- I don't want to be apart from my husband again.

 

Can somebody enlighten me, how does USCIS validate their information? Do they go through it in detail? Is there a possibility of them discovering his credit card debts, or worse, his lawsuit? Has there been any other case like this? Why does the US Citizen's financial status matter so much? Do they consider that I, an immigrant, have no intent of becoming fully dependent on my spouse's income and that I am absolutely capable of being employed and becoming financially independent? Am I overthinking things? Will I be fine? Can somebody help me?

[geowrian 22,335]

Welcome!

 

I'm sorry to hear about your spouse's financial issue. It's rough times still.

 

Unless he had a secured credit card (unlikely), credit card debt is unsecured debt. This means they can sue him for it (as you're seeing), but the judge would determine what can actual be seized or garnished from available assets (secured accounts like retirement accounts cannot be seized).

http://www.nolo.com/legal-encyclopedia/how-creditors-enforce-judgments.html

 

The information on the I-864 should be current as of the time it was filed. If he was not full time at the time it was filed, that may be an issue. Normally they want to see recent paystubs as well as the last 3 years of tax returns. If he doesn't meet the financial requirements, then you will need a joint sponsor. Most likely, they won't deny your applications outright. They may send an RFE for the I-864 due to needing more (recent) evidence and/or if a joint sponsor is needed.

 

I can't speak for how exactly USCIS validates the financial information, but I would assume they check it against the tax records. Yes, they likely will go through it at least in some detail. They aren't accountants, but they know what they are looking for in terms of sufficient income and/or assets. The reason the USC's financial status matters is because the US government needs somebody to be accountable in the event you become a public charge. This affidavit of support lasts either until you are no longer a legal resident, worked for 40 quarters, or become a citizen...meaning it lasts even in the event that you and your husband became divorced. It provides a means for the US Government to recover funds if you require certain public assistance programs. It has nothing to do with an intent for the immigrant to be dependent on the USC. It's merely to cover them if you need government aid down the road.