Can I (alien) sponsor myself?

[Chocolatelover 0]

Hello everyone!

After getting married to an US citizen, we filed for AOS. We received the letter for the interview which is schedule for October 14!!!

At the time, when we were submitting all forms for AOS my husband was working and we also included a co-sponsor since my husbands previous jobs were not long term positions. For both of my sponsors there is a change in their income: my husband just applied for unemployment and my co-sponsor quit her job and is self-employed now. She is still making enough to sponsor me; she is just not making as much as she expected to make for the current year.

About a month ago, I received my EAD card and I started working.

My questions are: should I bring up those changes at the interview even when we are not asked about it? Should/ can I sponsor myself since I'm eligible to work now? Does the fact that my husband applied for unemployment have a negative impact on me/on our case?

Any thoughts/ feedback is highly appreciated! :-)

[JimVaPhuong 4,863]

You should be prepared to submit an updated I-864 at the interview. Your husband's unemployment is qualifying income. You can add your income to your husband's to help him qualify. The requirement is that your income must continue from the same source after you adjust status, and that you live with the sponsor. I think it's safe to assume that both of these are true. List your income in section 24.b of the I-864. If your combined income is enough to qualify then you don't need a co-sponsor. If you still don't have enough to qualify, then you should get an updated I-864 from your co-sponsor, as well.

Any sponsor, whether the primary sponsor or the co-sponsor, must qualify at the time the AOS is granted, and not just at the time the application is initially submitted.

[SaraDee 9]

You should be prepared to submit an updated I-864 at the interview. Your husband's unemployment is qualifying income. You can add your income to your husband's to help him qualify. The requirement is that your income must continue from the same source after you adjust status, and that you live with the sponsor. I think it's safe to assume that both of these are true. List your income in section 24.b of the I-864. If your combined income is enough to qualify then you don't need a co-sponsor. If you still don't have enough to qualify, then you should get an updated I-864 from your co-sponsor, as well.

Any sponsor, whether the primary sponsor or the co-sponsor, must qualify at the time the AOS is granted, and not just at the time the application is initially submitted.

I have a question Jim. What about after the AOS is approved? Does the sponsor still have to show 125percent of poverty line to USCIS for ROC for example?

[VanessaTony 3,567]

I have a question Jim. What about after the AOS is approved? Does the sponsor still have to show 125percent of poverty line to USCIS for ROC for example?

No. Because the I-864 is binding until any of the qualifying things occur to cancel it out (the reasons are in the instructions). At ROC you will need to show more proof of co-mingling stuff as now you've had time to co-mingle.

[JimVaPhuong 4,863]

No. Because the I-864 is binding until any of the qualifying things occur to cancel it out (the reasons are in the instructions). At ROC you will need to show more proof of co-mingling stuff as now you've had time to co-mingle.

This is correct. It's kind of like getting a loan. The bank cares if you have enough income to qualify at the time they approve the loan. They don't care if your income changes after that. Once you sign the contract, you're obligated to pay the loan, regardless if your income changes.

Same thing with the affidavit of support. They want to know you qualify to sign the contract. Once they accept your signed contract, then you're on the hook, regardless of changes in your income.