PR applicant needs help please...thank you!

[beskuri 3]

Let me first say "THANK YOU" to the invaluable help and the awesome guides this forum and its members have given me while I am in the process of applying for my US permanent residency. I just have a few concerns to square away before I finally submit my application.

This is my story. I originally entered the US in December 2007 with an F1 (student) visa. I graduated in December 2010 and my EAD (for OPT) was approved for January 2011 - January 2012. I got married in August 2009, but because of limited income and with my husband being a full-time student with only part-time work, we have decided to postpone my application for green card. At that time, it was fine because I still had my F1 and then EAD (OPT).

I started gathering my green card paperwork around May 2011. I figured this is the best time so that hopefully, if it all works out, I will receive my green card before my EAD(OPT) expires in January 2012. My i693 was even completed by a civil surgeon back in June 2011. We had almost everything ready except for the i864 form. We were waiting on my father-in-law whose tax returns were still pending at that time (he has his own business and had some IRS back taxes issues). We needed to make him as a co-sponsor since my husband wasn't working then. Unfortunately, this dragged forever and we couldn't get a tax return from him. We tried to look for other sponsors but it was proving to be difficult.

My husband and I have now decided to apply on our own. I was doing some research here at VisaJourney and realized that I can use the income I earned last year towards proof of income. (Wish I had researched better and knew this earlier!) My husband and I have filed as "married filing jointly" in our 3 years of marriage and for 2011 tax year, our combined income was about $22,000 (90% coming from my income). We have no kids. We also have savings of about $12,000 in our bank accounts. We are big-time savers, coupon shoppers, and have really tried to scrimp and save every penny we could even on a limited income. We have no house mortgages, loans, or debts. We also don't have any other assets to speak of besides our savings. (Looking at investments options but we're not there yet!)

Currently, I am unable to work due to my expired work visa. My father-in-law was my employer and he is of course very understanding with my current situation. He is willing to give me my position back as soon as I get my employment authorization. He is also willing to provide a letter of employment offer if necessary.

So here are my questions:

1) As I am currently unemployed, would this hurt our case in showing proof of income? Would declaring our assets help?

2) Would I have to do my i693 (medical exam) again since mine was done in June 2011?

3) Should I include an i745 (work permit) with my green card application? Or would it be better not to?

4) Is there a chance I could ask to expedite since I have an employment offer? Or would this hurt my application?

My apologies for the lengthy post. I appreciate your time. Any answers, tips, and suggestions would be greatly welcomed. Thank you!

[ceadsearc 515]

1) You can't use past income. You will be asked to prove you still have the job. You are out of status now so they will know you don't. You could have had you done this last year but it is too late now. You CAN include assets - they are at 3x the rate of the difference. So if your husband is 3,000 short of the poverty line with his income, your assets need to be $3000x3= $9,000.

2) If your medical expires or will expire before USCIS accepts your documents you will need a new one. It is good for one year.

3) Definitely apply for employment authorization, it's free to do so with AOS.

4) You can request an expedite. With a written offer in hand it may be granted. No guarantees though.

[jdh 103]

What he said.

Your husband will have to start making more or find a co-sponsor.

If your income is 22,000 and 90% of that is yours that means your hubby is only making 2,200 a year...

You are out of work now...so how are you living on less than $200 a month?

In order to make up the difference you would need a lot more than $12,000 in assets.

[beskuri 3]

Thank you for your responses. I should have made the income part clearer. Last year, my husband only worked part of the year, hence, the really low income on his part. He now roughly makes about $11,000 annually through the same work. He also has side jobs to compensate for my loss of wages. Can he include miscellaneous income as proof of income as well?

[jdh 103]

Thank you for your responses. I should have made the income part clearer. Last year, my husband only worked part of the year, hence, the really low income on his part. He now roughly makes about $11,000 annually through the same work. He also has side jobs to compensate for my loss of wages. Can he include miscellaneous income as proof of income as well?

If he could list them as a job and prove consistancy maybe...I think that would be difficult.

Even still you will need a cosponsor. For your assets to be of any use you will have to be within 4,000 of the limit.

[beskuri 3]

That's what I am afraid of. We are now thinking of perhaps risking the chance of denial and going for the PR application and to include the i745. Is it true that the work permit gets granted first? Maybe that employment offer I have can help. Once granted EAD, I can make an Infopass appointment and show that my additional income will help us both meet the poverty guideline.

Thanks for the prompt responses!

[LindaC1990 23]

That's what I am afraid of. We are now thinking of perhaps risking the chance of denial and going for the PR application and to include the i745. Is it true that the work permit gets granted first? Maybe that employment offer I have can help. Once granted EAD, I can make an Infopass appointment and show that my additional income will help us both meet the poverty guideline.

Thanks for the prompt responses!

you can risk it, but not everybody gets their EAD before the GC.

[jdh 103]

That's what I am afraid of. We are now thinking of perhaps risking the chance of denial and going for the PR application and to include the i745. Is it true that the work permit gets granted first? Maybe that employment offer I have can help. Once granted EAD, I can make an Infopass appointment and show that my additional income will help us both meet the poverty guideline.

Thanks for the prompt responses!

You will likely get an RFE on the I-864 before you get an EAD approval...I have seen that many times.

I just don't see any way around this...you are going to need a co-sponsor or your hubby is going to have to take on more work.

I worked through school - it can be done if you want it bad enough.

Edited May 25, 2012 by jdh

[DandT14 272]

I don't have much to add, except that I'm in the same boat as far as the i-693. My husband's was done in June 2011, and we just submitted his AOS stuff. I'm still not sure if it's going to be ok or if we will get an RFE. I'll be sure to post here and let you know if they reject. I'm hoping that they take it, since we got it in before the year was up, but I guess we'll see.

[ceadsearc 515]

You are going to need a cosponsor. You'll probably get an RFE for the I-864 first, and that will stop processing on your applications so you won't get the EAD until you respond.

Back taxes don't take long to file. Have your FIL file them, and use him as a cosponsor. He doesn't have to pay off all his unowed taxes at once (nor do they all have to be paid before you file).

[Harpa Timsah 13,258]

Yes, I want to agree with the others that said you won't get an EAD without a suitable I-864. They will check that first before issuing anything. You need a co-sponsor.

Edited May 25, 2012 by Harpa Timsah

[beskuri 3]

Grateful for all your helpful input!

Seems like the best option for us is for my husband to take on more work. We approached his dad tonight and he is willing to employ my husband in his business to provide additional income. I personally don't want to rely on my FIL anymore as a co-sponsor because that is what I relied on last year and what happened was a bunch of delays and I don't want to go through that whole process again.

@jdh Congratulations on your recently approved green card! It's awesome how it only took 84 days for you, wow!

@DandT14 I would appreciate an update on that i-693. Good luck with your application and thank you!

Have a great Memorial Day weekend, everyone!

Edited May 26, 2012 by beskuri

[ceadsearc 515]

That will work as well. Good luck!