Already married and visiting US. (Please help)

[sanchez411 0]

I am a Canadian Citizen and my wife is an American Citizen and a Canadian PR. We also have a son who has dual citizenship. We were married in 2010 in the U.S. and have been living in Canada where I worked (not working at the present). We are currently on vacation in the U.S. visiting family (been here for 2 months now) and we have decided to make our stay here permanent.

Rather then going back to Canada and start the sponsorship in order for me to obtain a Green Card (approximately 1 year processing time), can I not apply for an AOS while I'm here in the U.S.?

What obstacles will I encounter and how long is the process?

I know similar topics have been posted but the situation was of Canadians getting married while in the States and then immediately applying for AOS. My situation is we've been married since 2010, living in Canada and currently on vacation in the U.S. and now wanting to have an AOS in order to obtain a green card and begin working.

We both are unemployed at the momment and staying at her parents house but we have considerable savings.

Advice is greatly appreciated.

Thanks!

Edited March 17, 2014 by sanchez411

[Harpa Timsah 13,258]

What happened to your house in Canada? Are you prepared to be stuck in the US for a few months?

[ManCharsey 254]

Same chances and requirements as someone adjusting after being married within the US. Just add your marriage certificate and if it's in any other language than English, have it translated and you should be fine.

[sanchez411 0]

What happened to your house in Canada? Are you prepared to be stuck in the US for a few months?

Our house will need to be sold which I'm hoping to do upon receiving the Green Card. I have family who will look after the house in the meantime. Will it only take a few months to get approval for a Green Card?

Same chances and requirements as someone adjusting after being married within the US. Just add your marriage certificate and if it's in any other language than English, have it translated and you should be fine.

What is the approximate turn around time in obtaining the green card and do you foresee any issues we may encounter as we are both unemployed? Again we have considerable savings if that makes any difference

Edited March 17, 2014 by sanchez411

[ManCharsey 254]

Turn around time depends on a number of factors including how accurate you filed your application (so you don't get RFEs etc) and how backlogged your local office is (when it gets to interview scheduling). It could range anytime between 3-9 months. 4 months being the average. Also your US citizen wife will need to file an I-864 affidavit of support for you in which she's supposed to show proof such as her current individual annual income being over the poverty guide limits for your household size or assets if she doesn't earn an income and proof of payment of her income tax(es) or an acceptable reason if she doesn't/or hasn't filed. In the absence of her ability to provide such support, she can use a joint sponsor which could be any US citizen who meets the requirements for the federal poverty guide limits. Your wife will have to still fill an I-864 regardless though.

[Pitaya 2,577]

~Moved from Family-based AOS to WST-based AOS Forum~

~Inquiry about adjusting from tourist visa~

[Terry J 50]

If you decide to remain and file the AOS, make sure to apply for the AP document at the same time as the EAD.

The AP once granted would allow you to leave and return to the US if you needed to visit Canada or anywhere else while pending the adjudication of the AOS. It usually takes 60-90 days from filing for the AP/EAD to be approved if nothing goes wrong.

Edited March 17, 2014 by Terry J

[sanchez411 0]

If you decide to remain and file the AOS, make sure to apply for the AP document at the same time as the EAD.

The AP once granted would allow you to leave and return to the US if you needed to visit Canada or anywhere else while pending the adjudication of the AOS. It usually takes 60-90 days from filing for the AP/EAD to be approved if nothing goes wrong.

If we don't have any income at the present as we are both unemployed, do we still require a joint sponsor if my savings (bank accounts) are quite substantial?

When you say 60-90 days, that's the approximate time from filing in order to obtain a green card?

Edited March 19, 2014 by sanchez411

[Terry J 50]

If we don't have any income at the present as we are both unemployed, do we still require a joint sponsor if my savings (bank accounts) are quite substantial?

When you say 60-90 days, that's the approximate time from filing in order to obtain a green card?

In relation to the savings question, it must be at least 3x the amount of the 125% poverty minimum income requirement based on the number of the sponsor's household.

Also this amount would need to be proved that it has been in savings for 12 months I think (you'd need to send bank statements to prove this). If you have this then you wouldn't need a joint sponsor. Refer to Part 7 of the instructions for I-864.

The 60-90 days I spoke of is in context to getting your EAD/AP approved not the green card.

The average time a green card takes to be issued within 3-6 months from initial filing IF nothing goes wrong and depending on the field office as some are way faster than others.

[sanchez411 0]

In relation to the savings question, it must be at least 3x the amount of the 125% poverty minimum income requirement based on the number of the sponsor's household.

Also this amount would need to be proved that it has been in savings for 12 months I think (you'd need to send bank statements to prove this). If you have this then you wouldn't need a joint sponsor. Refer to Part 7 of the instructions for I-864.

The 60-90 days I spoke of is in context to getting your EAD/AP approved not the green card.

The average time a green card takes to be issued within 3-6 months from initial filing IF nothing goes wrong and depending on the field office as some are way faster than others.

Thank you for your replies.

Had a look at Part 7 but it doesn't say it states that savings can supplement income if below the poverty line but the key word here is supplement. What if there is zero income as in our case? Can savings alone be sufficient to proceed forward without requiring a joint sponser?

Also, can you please let me know where you found the '3x amount of the 125% poverty min etc etc'?

[aussie_jason 195]

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.

[Terry J 50]

In the top part of Part 7. The second sentence that starts off: If your total household income (which can be interpreted also as an income of $0.00...) doesn't meet the requirement,...The value of all assets of all of these persons may be combined in order to meet the necessary requirement.

What I get from reading everything in Part 7 indicates that sufficient assets alone could be used in the place of income. If you still feel unsure then find a joint sponsor.

Caveat: The USCIS can still require a joint sponsor if that's what they absolutely want after you submit the I-864 with just qualifying assets alone. A joint sponsor with a qualifying income recorded by the IRS is easier to prove in the eyes of USCIS.

[sanchez411 0]

In the top part of Part 7. The second sentence that starts off: If your total household income (which can be interpreted also as an income of $0.00...) doesn't meet the requirement,...The value of all assets of all of these persons may be combined in order to meet the necessary requirement.

What I get from reading everything in Part 7 indicates that sufficient assets alone could be used in the place of income. If you still feel unsure then find a joint sponsor.

Caveat: The USCIS can still require a joint sponsor if that's what they absolutely want after you submit the I-864 with just qualifying assets alone. A joint sponsor with a qualifying income recorded by the IRS is easier to prove in the eyes of USCIS.

Thank you kindly Terry for your replies.

As per the i-864p.pdf doc, the poverty guidelines for a family of 3 is $29,812. If I'm able to show cash savings of 5 x $29,812 = $150,000 (not an issue) then hopefully they will grant me a green card without the need of a joint sponser....I hope!

[hmh33 117]

You only need to show qualifying assets of 3 x $29,812 = $89436, not 5x.