Very confused as to the AOS requirements of the USC

[Wyld Blu 35]

Hi all...

I am a bit confused about this. My fiance is moving here in Dec and we are getting married in Feb. In the meantime, I plan to quit my job so we can move out of state. Here is the confusing part to me. I will have much more in assets and money in the bank than 5 times the poverty level, but I also won't be working for awhile. Will this be a problem when we go to adjust status?

Thanks!

-Blu-

[Aubrey 10]

Hi all...

I am a bit confused about this. My fiance is moving here in Dec and we are getting married in Feb. In the meantime, I plan to quit my job so we can move out of state. Here is the confusing part to me. I will have much more in assets and money in the bank than 5 times the poverty level, but I also won't be working for awhile. Will this be a problem when we go to adjust status?

Thanks!

-Blu-

Be cautious about quitting your job in an economy as bad as this one... Your spouse will be out of work for some time, and moving is pretty expensive.

[Wyld Blu 35]

I appreciate your concern, however this doesn't answer the question posed. Anyone???

-Blu-

[Dakine 26]

Hi all...

I am a bit confused about this. My fiance is moving here in Dec and we are getting married in Feb. In the meantime, I plan to quit my job so we can move out of state. Here is the confusing part to me. I will have much more in assets and money in the bank than 5 times the poverty level, but I also won't be working for awhile. Will this be a problem when we go to adjust status?

Thanks!

-Blu-

Yes it could be a problem if you or your mate don't have steady jobs or current income.

Depends on what type of assets you have. Most people won't sell there house to buy food.

They'll go on welfare first.

[Wyld Blu 35]

Hi all...

I am a bit confused about this. My fiance is moving here in Dec and we are getting married in Feb. In the meantime, I plan to quit my job so we can move out of state. Here is the confusing part to me. I will have much more in assets and money in the bank than 5 times the poverty level, but I also won't be working for awhile. Will this be a problem when we go to adjust status?

Thanks!

-Blu-

Yes it could be a problem if you or your mate don't have steady jobs or current income.

Depends on what type of assets you have. Most people won't sell there house to buy food.

They'll go on welfare first.

Ah...well...I will have more than enough money and 401ks to cover the poverty limit 5 times, but still wonder if not working at the time we file the AOS will raise red flags.

[Anh map 2,098]

You only need to show 3X in assets. Be sure to read the Guides and forms thoroughly so that you can prepare properly.

If your cash and assets are liquid enough then you ought to be OK. The interviewing officer does have discretion as to what is accepted. If there would be a substantial penalty in turning your 401k into cash that may not be allowed. See page 8 of the I-864 instructions for the asset valuation, etc. guidelines.

[Wyld Blu 35]

You only need to show 3X in assets. Be sure to read the Guides and forms thoroughly so that you can prepare properly.

If your cash and assets are liquid enough then you ought to be OK. The interviewing officer does have discretion as to what is accepted. If there would be a substantial penalty in turning your 401k into cash that may not be allowed. See page 8 of the I-864 instructions for the asset valuation, etc. guidelines.

Thank you VERY much! This will be very helpful when we go to file. I think we will be ok...but ya never know with USCIS.

-Blu-

[Gary and Alla 3,694]

Hi all...

I am a bit confused about this. My fiance is moving here in Dec and we are getting married in Feb. In the meantime, I plan to quit my job so we can move out of state. Here is the confusing part to me. I will have much more in assets and money in the bank than 5 times the poverty level, but I also won't be working for awhile. Will this be a problem when we go to adjust status?

Thanks!

-Blu-

Assets can be used. For a family based visa, 3 times the income amount is the rule, not 5 times. However...

Some assets are subject to not be counted.

1. Retirement or 401K. They will credit you for the amount MINUS any penalties for early withdrawl, this can be up to 40% You wll need to provide an account statement and any information on early withdrawl penalties, OR a letter from the administrator stating net value if you withdrew the money today.

2. Automobiles...primary automobile excluded from consideration, it is not an asset that can be sold without harming the family

3. Real estate. Net vale after mortgages and encumbrances. If jointly held with your ex (as I recall) then 1/2 the net value. Primary residences may be excluded but it sounds as if you are moving then real estate would not be your primary residence.

4. Cash in the bank can be frowned upon. Cash to easily appears and disappears from bank accounts. It may be accepted, it may not. Include 12 months previous bank statements. This will show the cash did not just magically appear in your account (a possible loan). If the cash was from your fiancee and now depsoited in a joint account, that is fine...just be sure to document it. The intending immigrants assets CAN be counted for the AOS after marriage.

I cannot recommend people quitting their jobs in this economy but you are a big girl and can decide for yourself. You can qualify on assets, of course, but it is considerably more involved.