Don't meet poverty guidelines but have assets for AOS

[daviddelen 34]

I don't technically meet the poverty guidelines because money I get from a trust doesn't get included in my taxes and I have money in the bank. How can I use this for my wife's adjustment of status? We have seen all of the forms and none seem to ask about assets. I'm scared that they will say we don't meet the poverty guidelines because we were not able to give information that proves I have money in the bank! We have just been married and my wife and I are waiting for our marriage license.

[Hypnos 6,576]

The I-864 instructions go into detail about how to use assets: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

For a spouse you would need to show three times the shortfall of your income from the poverty level, e.g. if your income was $0 then for a household of two people (you and your wife) you would need to be able to demonstrate $58,986 in assets.

Edited October 7, 2014 by Hypnos

[daviddelen 34]

Thanks so much for your response!

[Ian H. 207]

Money that you get from a trust is considered income. There is no requirement that you be employed. You could be living off of rental income or social security or a pension for example, that doesn't require you to work. As long you make above the level is all that matters. If you weren't required to file taxes because the income was nontaxable you would have to include a statement stating why you didn't file and a copy of the IRS publication that gives you this exemption. Also I'm not sure about using assets by themselves, I was always under the impression that assets could only be used to supplement income.

[Hypnos 6,576]

Assets can be used by themselves.