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

[Jiajia 0]

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

[Penguin_ie 5,986]

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?

[jdh 103]

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.

[Darnell 8,478]

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 !

[Darnell 8,478]

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

[WenGray 0]

I suggest getting married asap. But I'm also interested in the outcome since a family member is dealing with the same thing for his wife.