VWP to AOS Spouse sponsor Green Card

[Kevin UK 0]

Hello, this is my first ever post so hopefully I am doing everything correctly.

I am seeking a bit of advice please.

My Story is.... I am from London, England and I had been dating an American Citizen from a while traveling to and from America. In my current visit we decided to get married, (It really wasn't planned, I was currently in process of applying for a visa through employment sponsorship, so didn't need to be sponsored by my spouse) but since the spouse visa should result in a green card sooner I have switched angle so I am in the process of applying for a AOS from a VWP to a Permanent Residence Green card.

I have decided to try and complete all the forms myself, so far have completed to following

I-130 - Petition for Alien Relative

I-864 - Affidavit of Support

I-693 - Medical - Completed without any issues

I-485 - Application to Register Permanent Residence/AOS

I-765 - Employment Authorization

I-131 - Application for Travel

G-325A - Biographic for Myself

G-325A - Biographic for My Spouse

G-1145 - e-Notification Application

My First Question is are all these correct for my scenario or have I missed any Applications?

I also have a few questions with regards to the forms.

-Do I require to have a "Alien Number" as I haven't applied for any type of visa so far I don't have one, I am trying to arrange a appointment with USCIS through InfoPass but not able to find a available appointment on the website.

-I-864 - Require my spouse to support me financially, she doesn't meet the fresh-hold Poverty Line and is self employed so I am adding my assets, I have had my house in England appraised with an positive equity of $133,000 as well as $50k+ in Savings, do you think this is enough to qualify?

My Final Question is...Do you think I should file this forms myself without legal advice/representative? Neither of us have ever been married before and no children or other sponsored aliens are involved, we have travelled the world together and now live together in a rented apartment.

Many Thanks in advance

Kevin

[h13rma 35]

That sounds like all opt the forms, check against the guide below.

http://www.visajourney.com/content/i130guide2

That should be enough to cover your wife not working.

Most people on here manage to do all of this themselves, myself included, as long as it is a straight forward case and it sounds it.

Good luck

[Hypnos 6,576]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

If you have no alien number (and at this point you won't) enter "None" where it asks for it on any forms.

If your wife does not earn enough / have enough assets to complete the I-864 by herself then you may need a joint sponsor. You may be able to qualify using assets (~$60,000) if she now has access to your savings.

Without your case having any red flags then you can probably DIY without the assistance of a lawyer, provided you are comfortable completing forms and obtaining / providing necessary documentation.

[Ontarkie 13,941]

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from IR-1 / CR-1 Spouse Visa Process & Procedures~~

[JayJayH 546]

The forms are correct, but be sure to include all the "non-forms" - you're missing quite a few of those.

Follow the guide on here step by step http://www.visajourney.com/content/i130guide2 - Read it twice.

If you do not have an A number, write "none." You would only have an A number if you have previously held a green card, work authorization etc.

As far as the affidavit of support, you cannot sponsor yourself unfortunately. The purpose of the I-864 form is to allow the US government to sue whoever the sponsor is in case you should ever receive any means tested public benefits. The US government cannot sue you for them, and has no jurisdiction to claim money from non-US persons, so the co-sponsor has to be a US citizen or permanent resident, domiciled in the US. Anyone can be a co-sponsor, but do not send in the AOS package before you have a co-sponsor. If your wife has access to your savings, you may be able to use it.

As far as legal counsel. The decision of whether or not to pay for a lawyer is solely up to you and your wife. It is my belief that anyone with an average knowledge of the English language, and without negative immigration or criminal history can do this more efficiently, and lot cheaper on their own. But it does take some studying. Take the guides literally, and always ask questions on here if you're unsure of something.

Your case seems fairly straightforward, and you seem like you can prove that the marriage is bona fide with relative ease. You should be fine.

Good luck.

Edited November 22, 2013 by Yang-Ja

[Kevin UK 0]

Thanks you for your all your reply's.

We are married so I am sure she could get hold of my financial assets if she wanted, but we don't have a joint account yet, so I would guess she doesn't have direct access to my funds. And if the USCIS can't claim funds from abroad, I guess either I transfer a large amount to a US joint bank account or I get a joint sponsor. The joint sponsor will also have to submit the last three years IRS Tax returns as well I believe? I will hate to ask someone for this personal data

Thanks again

[Hypnos 6,576]

Only one year of returns are required.

[Kevin UK 0]

Also I forgot to mention I will be inter-company transferring from the UK to US, and have an offer letter with a large salary as supporting documentation, I am hoping this will back up the finances as well.

[JayJayH 546]

Also I forgot to mention I will be inter-company transferring from the UK to US, and have an offer letter with a large salary as supporting documentation, I am hoping this will back up the finances as well.

Put it this way. To be approved for a green card, your sponsor or co-sponsor must show that they currently make at least $19,387 for a household of two.

This means that you will not be approved with a sponsor income of $19,386. However, it does not mean that you will be approved with a sponsor income of $19,388. This is based on the likelihood of you becoming a public charge, and the $19,387 minimum is just that, a minimum.

For example, if your sponsor had been unemployed for 10 years, but yesterday he/she did a one-time gig landing him $19,388 in his bank account, he would meet the minimum to sponsor you, but it is unlikely that your AOS would be approved, because it is not a stable income, thus raising the likelihood of you becoming a public charge.

However, if your sponsor has worked the same job for three years, making a stable $19,388 annually, your job offer may be an added bonus in your favor. But it cannot be used to fulfill any requirement. It will be a bonus only, if anything.

Your best bet is to get a co-sponsor. They don't need to show their last three year tax-return transcripts. Only the most recent is mandatory. The other two are bonuses. Otherwise, if you can show a joint bank account with ~ $60,000 in it that your wife has full access and rights to, this should also work in addition to your wife's income.

Edited November 22, 2013 by Yang-Ja

[Harpa Timsah 13,258]

You can add your assets to your spouses affidavit.

The only issue I see with using your assets if documentation. Cash is easy enough, but you will need to provide current dollar amount estimate for them, and proof of your bank account (I am assuming it is in a UK account in GBP).

Equity in a house is trickier, you might need an appraisal and other such things.

Once your employer sees you are AOSing based on marriage I doubt they will want to pay the fees for the visa anymore; they could hire you in the US for free.

[dwheels76 5,463]

Okay here's the thread of one of your countrymen who self sponsored on K1. I am sure you can do it.

http://www.visajourney.com/forums/topic/466370-k1-self-sponsor-london/#entry6658387

[Kevin UK 0]

Thanks for all your helpful feedback, just to clear up a few points.

Yes "Harpa Timsah", you are correct all my fund are in UK bank accounts in GBP, as I will treat all my assets are bonus proof.

Thank you for the link "dwheels76", interesting stuff, I do not have a K1 visa so not sure if I will get anyway with self sponsorship.

I do have another question I think I know the answer to but just wanted to check. Does the joint-sponsor to my spouse (Because she doesn't meet the poverty line value) have to be a direct relative to me or my spouse or can it be a friend who is a US citizen? If so on form I-864 they would just tick Part 1.d I am a joint sponsor?

Thanks

[Franciscus 32]

Thanks for all your helpful feedback, just to clear up a few points.

Yes "Harpa Timsah", you are correct all my fund are in UK bank accounts in GBP, as I will treat all my assets are bonus proof.

Thank you for the link "dwheels76", interesting stuff, I do not have a K1 visa so not sure if I will get anyway with self sponsorship.

I do have another question I think I know the answer to but just wanted to check. Does the joint-sponsor to my spouse (Because she doesn't meet the poverty line value) have to be a direct relative to me or my spouse or can it be a friend who is a US citizen? If so on form I-864 they would just tick Part 1.d I am a joint sponsor?

Thanks

It does not need to be direct relative. What is important is that this joint sponsor has enough income for a total of X people, where X is (you+the friend+all the members of the friend's household). And also remember that your wife is the main sponsor regardless of her not making any income.

The friend would tick the part that says "I am the only joint sponsor".

[Kevin UK 0]

Thanks for the info just to confirm the numbers.

My household is myself and my Wife = 2

My friends household who would be the co-sponsor is My Friend, her Husband and her husbands mother = 3

Does that mean the total household my friend (Co-Sponsor) would have to enter on her I-864 application would be 5 or lower?

Thanks

[aleful 1,905]

why would the joint sponsor add her mother in law?

your wife sends an i864 as sponsor for both of you.

the joint sponsor will file an i864 as the only joint sponsor, and will file for you, herself, and her husband,