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I-864 Transition between job and school

By afewquestions in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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afewquestions Apprentice

afewquestions   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

Hello all,

I would like to know, based on your experiences, what would be the best way to proceed for the support documents of the I-864 now that I am unemployed and starting graduate school full time. My past salary was well above the minimum requirement and my bank statement showing my savings should also show that we are above the minimum...what support documents can I show...I didn't want to think I needed a co-signer for this form. During the K-1 application for my fiance we were able to show many support documents (I was still employed) and had no issues.

Thanks!

07/2006 - Met in person on a summer study abroad in Brazil

08/2006 to 08/2013 - 7 year long distance relationship with 2.7 years total time together in person during study abroad/work in Brazil and biannual visits

08/2013 - 7 year anniversary

09/16/2013 - Engagement!!!

10/01/2013 - Filed I-129F K-1 petition (Brazilian Beneficiary) to Dallas Service Center - 1st day of 2013 Government Shutdown -

10/09/2013 - Received electronic NOA1 with transfer notice to California Service Center

10/09/2013 - Application Check cashed by USCIS Dallas

10/15/2013 - Received NOA1 I-797C in the mail (notice date 8th of october)

11/18/2013 - Recieved NOA2 I-797 in the mail (notice date 13th of november)

12/12/2013 - NVC sent package to Consulate in Rio de Janeiro

12/17/2013 - Called NVC - Discovered package was sent to Consulate in Rio de Janeiro on the 12th of December, 2013

12/17/2013 - E-mailed Consulate in Rio de Janeiro about status and steps

12/18/2013 - US Consulate in Rio de Janeiro sent out package to benificiary home

01/13/2014 - E-mailed Consulate in Rio de Janeiro again, because package never arrived. Answered immediately with a message stating that the package had been sent on 12/18/13.

02/11/2014 - Interview date!!! (Interview date was included in the Consulate e-mail together with links to documents beneficiary needs to bring)

End of Feb. 2014 - K1 visa arrives in the mail

End of July 2014 - Wedding in the U.S.

09/04/2014 - Adjustment of Status, EAD and AP applied

10/20/2014 - EAD and AP arrive

12/04/2014 - Notice of Action with Green Card Interview Date arrives

01/07/2015 - Green Card Interview Date (approximately 4 months after AOS application)

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sma1488 Collaborator

sma1488   155

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

The fact that you were able to meet the income requirements for the K-1 doesn't mean anything now. You are at a different stage in the process with different requirements, and if your current salary does not meet those requirements, you will need a co-sponsor. You can use assets (savings, bonds, and other liquid assets) to make up the difference between your current income and the required amount, but you need five times the amount of the difference.

Are you saying you won't work at all while in grad school? Most graduate programs give their students a teaching or research assistantship, which might not be enough to meet the 125% requirement, but it's a start.

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afewquestions Apprentice

afewquestions   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
  • Author
Posted

Hello!

Thank you for the response. Yes I wont be working during my short graduate program which unfortunately does not have any real assistantships available. Would you happen to know what 5 x the 125% requirement is at this point or where I can find that out? So just to confirm, I will be unemployed with $0 income, but with a significant savings in the bank. If my savings amount to at least 5 x the 125% (per year?) requirement that should be enough or would I also probably need a co-signer? Thanks.

07/2006 - Met in person on a summer study abroad in Brazil

08/2006 to 08/2013 - 7 year long distance relationship with 2.7 years total time together in person during study abroad/work in Brazil and biannual visits

08/2013 - 7 year anniversary

09/16/2013 - Engagement!!!

10/01/2013 - Filed I-129F K-1 petition (Brazilian Beneficiary) to Dallas Service Center - 1st day of 2013 Government Shutdown -

10/09/2013 - Received electronic NOA1 with transfer notice to California Service Center

10/09/2013 - Application Check cashed by USCIS Dallas

10/15/2013 - Received NOA1 I-797C in the mail (notice date 8th of october)

11/18/2013 - Recieved NOA2 I-797 in the mail (notice date 13th of november)

12/12/2013 - NVC sent package to Consulate in Rio de Janeiro

12/17/2013 - Called NVC - Discovered package was sent to Consulate in Rio de Janeiro on the 12th of December, 2013

12/17/2013 - E-mailed Consulate in Rio de Janeiro about status and steps

12/18/2013 - US Consulate in Rio de Janeiro sent out package to benificiary home

01/13/2014 - E-mailed Consulate in Rio de Janeiro again, because package never arrived. Answered immediately with a message stating that the package had been sent on 12/18/13.

02/11/2014 - Interview date!!! (Interview date was included in the Consulate e-mail together with links to documents beneficiary needs to bring)

End of Feb. 2014 - K1 visa arrives in the mail

End of July 2014 - Wedding in the U.S.

09/04/2014 - Adjustment of Status, EAD and AP applied

10/20/2014 - EAD and AP arrive

12/04/2014 - Notice of Action with Green Card Interview Date arrives

01/07/2015 - Green Card Interview Date (approximately 4 months after AOS application)

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sma1488 Collaborator

sma1488   155

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted

The 125% I was referring to is 125% of the federal poverty guidelines for a household size of two (you and your spouse). For 2014 that amount is $19,662, so you'd need to show 5X that amount in savings, so nearly $100,000. You'll have to wait for someone with more experience to tell you if USCIS MUST to accept assets as a substitute for income. The rules say they should, but each case is different.

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afewquestions Apprentice

afewquestions   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
  • Author
Posted

O.K. Thank you for that...I will have to find a co-signer then!

07/2006 - Met in person on a summer study abroad in Brazil

08/2006 to 08/2013 - 7 year long distance relationship with 2.7 years total time together in person during study abroad/work in Brazil and biannual visits

08/2013 - 7 year anniversary

09/16/2013 - Engagement!!!

10/01/2013 - Filed I-129F K-1 petition (Brazilian Beneficiary) to Dallas Service Center - 1st day of 2013 Government Shutdown -

10/09/2013 - Received electronic NOA1 with transfer notice to California Service Center

10/09/2013 - Application Check cashed by USCIS Dallas

10/15/2013 - Received NOA1 I-797C in the mail (notice date 8th of october)

11/18/2013 - Recieved NOA2 I-797 in the mail (notice date 13th of november)

12/12/2013 - NVC sent package to Consulate in Rio de Janeiro

12/17/2013 - Called NVC - Discovered package was sent to Consulate in Rio de Janeiro on the 12th of December, 2013

12/17/2013 - E-mailed Consulate in Rio de Janeiro about status and steps

12/18/2013 - US Consulate in Rio de Janeiro sent out package to benificiary home

01/13/2014 - E-mailed Consulate in Rio de Janeiro again, because package never arrived. Answered immediately with a message stating that the package had been sent on 12/18/13.

02/11/2014 - Interview date!!! (Interview date was included in the Consulate e-mail together with links to documents beneficiary needs to bring)

End of Feb. 2014 - K1 visa arrives in the mail

End of July 2014 - Wedding in the U.S.

09/04/2014 - Adjustment of Status, EAD and AP applied

10/20/2014 - EAD and AP arrive

12/04/2014 - Notice of Action with Green Card Interview Date arrives

01/07/2015 - Green Card Interview Date (approximately 4 months after AOS application)

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KayDeeCee Grand Master

KayDeeCee   4,892

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

The 125% I was referring to is 125% of the federal poverty guidelines for a household size of two (you and your spouse). For 2014 that amount is $19,662, so you'd need to show 5X that amount in savings, so nearly $100,000. You'll have to wait for someone with more experience to tell you if USCIS MUST to accept assets as a substitute for income. The rules say they should, but each case is different.

The amount for a spouse is only 3 times, not 5.

OP> Current annual income is most important, and if you currently have no income, then you need a joint sponsor or enough assets for at least 3 times the income requirement.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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