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Jiajia

my fiancee is unemployed, will I be denied for AOS?

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Filed: K-1 Visa Country: China
Timeline

Hello, I need help for the following questions.

1. According to I-864(affidavit of support), My American citizen fiancee should provide IRS Tax Transcripts, but he is unemployed for years, and he has sufficient assets and cash savings to support me and the family, will I be denied for AOS because of his unemployment? Has anyone ever provided the assets papers? what documents should we provide for assets?

In addition, I'm unemployed too since I quit the job before I came to U.S with B2, will this be considered as an intent of immigrantion to deny my AOS?

2. Currently My income and savings are very little, which can be the reason to deny my AOS?

3. If some documents can't be filed with I-130&485 together, can we send the missing documents later after filing the forms? Or we have to wait documental requirement?

Thanks

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Filed: Citizen (apr) Country: Ireland
Timeline

1. No, using assets is fine. He will need to write a letter why he didn't file taxes. What documents you provide depends on what your assets are- if it;s money in a bank account, provide a bank statement and going back at least 6 monthgs, to show the money wasn't just deposited for a short amount of time to get the AOS aproved. If it is a property, get a professional evaluation done.

Being unemployed before you got here is not a reason to deny your AOS by itself, but the fact that you quit your job before coming could go towards immigrant intent. You should bring as much proof as you can that you did not intend to remain in the USA when you entered. A lot will also depend what you said at your B2 interview and at the border.

2. No, only the petitioners financials matter.

3. What documents?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: AOS (apr) Country: Canada
Timeline

The fact you quit your job beforehand will likely have no bearing whatsoever.

The field manual indicates that intent alone is not sufficient cause for denial, so that quitting your job may be viewed as showing intent it does not matter.

What would matter is if you lied to customs and border patrol AND it was documented, which though that does happen, the conversations at the border are only documented some of the time. Certainly not a risk worth taking or recommended.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: IR-1/CR-1 Visa Country: China
Timeline

have you and your USCitizen fiance gotten married yet?

If not, do not file the paperwork yet.

Also, get married !

Then start to generate your 'proof of bonafide marriage' evidence, those 6 types covered in the I-130 instructions.

I suggest you not file until:

1. you two are married

2. you have generated evidence.

Good Luck !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

if his assets qualify (1/3 of the cash value) then all should be golden.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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