Adjustment of status in the US

[newacct 688]

It's not "how much income he expects to make this calendar year". It's "what's his income currently" (currently = at this moment). In other words, the annual salary of the job he has at this moment. If he started a job recently, then it counts, no matter how much he has actually received from it yet. If he had a job before but lost it, or will have a job soon but doesn't have it yet, they don't count.

[Newbie2016 0]

Thank you all for your responses. So it sounds like my husband will have to say that he has NO income at all currently, is that correct? Our initial plan was to say that we think he'll start earning money soon because of this passage in the instructions (in particular the parts in red):

Item Number 2. Current Individual Annual Income. Enter your current, individual, earned or retirement, annual income that you are using to meet the requirements of this affidavit and indicate the total in the space provided. You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income.

We were hoping that based on his previous income/employment, we'd be able to claim that we believe he'll have income soon. But from reading the responses here, it sounds like he's not allowed to make "salary projections" without a job offer, essentially, is that correct? I read about how to use assets to quality as a sponsor in the instructions, but in the example they gave, they're only supplementing current income with assets. Does anybody know whether the gov will still be ok with ZERO income and ONLY assets in practice (in our case, cash)? Our taxes do show that we were making money in prior years though.

If we're ok with JUST assets, does the money need to be converted into USD from CAD? Since the exchange rate isn't favourable at all for the Canadian dollar, we'd rather not ... If anybody has any strategies to suggest that DON'T involve a co-sponsor, I'd be really glad to hear them too. Thank you again for all your help.

[Transborderwife 4,666]

What kind of assets? Us based assets will have to be 3x the poverty guideline needed. Foreign 5x I believe.

[Newbie2016 0]

Cash. Pure cash in the bank lol.

[Transborderwife 4,666]

Then you'd need about $60,000 usd. If it's held outside the USA about $100,000

Edited March 20, 2016 by Transborderwife

[michorge 0]

If you dont make enough, than the amount your missing x3.. so if you're 3000 off of the 125% youll have to have 9000 in your bank. if you're 10,000 off youll need 30,000 and so on. I don't know how much they like that, as i think i've read on VJ that they prefer you meeting the annual 125, but im not sure.

[Newbie2016 0]

Ok thanks everyone. Following your advice, we went ahead and got a household member to supplement our income. I now have 2 areas of confusion:

1) household size calculation: the household member who will be included to help us meet the income requirement is my husband's father (a US citizen). Should my husband file the I-864, list me as the principal immigrant, then list his dad as another member of his household, for a total of 3 household members? Under this scenario, my husband's mom and his brother will not be included as part of the household, but my understanding is that this is ok. Can someone please confirm this? Household of 3 and I-864A for my husband's father?

2) most recent tax year: as of now, my husband and his family have NOT yet filed their taxes for 2015. Is it ok (since it's still March) to use 2014 as the most recent year?

Edited March 22, 2016 by Newbie2016

[newacct 688]

Ok thanks everyone. Following your advice, we went ahead and got a household member to supplement our income. I now have 2 areas of confusion:

1) household size calculation: the household member who will be included to help us meet the income requirement is my husband's father (a US citizen). Should my husband file the I-864, list me as the principal immigrant, then list his dad as another member of his household, for a total of 3 household members? Under this scenario, my husband's mom and his brother will not be included as part of the household, but my understanding is that this is ok. Can someone please confirm this? Household of 3 and I-864A for my husband's father?

It's okay only if his father lives in his residence or he claims his father on his tax return.

2) most recent tax year: as of now, my husband and his family have NOT yet filed their taxes for 2015. Is it ok (since it's still March) to use 2014 as the most recent year?

yes

Edited March 22, 2016 by newacct

[llcoolmg 20]

No need. Op should aos fine.

Wrong, wrong, wrong.

OP is already in the US so can legally AOS.

Do not apply for CR1 and do not follow above posters advice - its plain wrong. You are in the USA, married to a US Citizen so all you need to do us apply for AOS. Wishing you lots of luck on your new journey together

Huh? I think all of you are wrong, wrong, wrong.

OP entered as a tourist/visitor. That is a non-immigrant admission to the US. If the OP true plan was to remain in the US and apply for AOS, then OP misrepresented her intention. Which is a nicer way to say she lied.

I second the opinion of filing for a CR1 instead.

[Transborderwife 4,666]

Huh? I think all of you are wrong, wrong, wrong.

OP entered as a tourist/visitor. That is a non-immigrant admission to the US. If the OP true plan was to remain in the US and apply for AOS, then OP misrepresented her intention. Which is a nicer way to say she lied.

I second the opinion of filing for a CR1 instead.

Doesn't matter. If OP is here intent alone is not enough to deny. Look up matter of cavasoz and battista

Edited March 22, 2016 by Transborderwife

[llcoolmg 20]

Doesn't matter. If OP is here intent alone is not enough to deny. Look up matter of cavasoz and battista

It does matter on several levels. This website has a terms of service agreement for all posters. We cant suggest bending or flat out breaking known immigration laws just because others have gotten away with it before.

Also on a practical level it's just bad advice. Why take the risk of AOS? She has a valid legal remedy via CR1. Why suggest a questionable AOS instead?

We're a country of laws.

The laws apply to everyone. :-)

[Transborderwife 4,666]

The law says it's perfectly ok to stay and adjust on a visitors visa. Lol visa journey has a whole forum section on it and guides for it.

[Newbie2016 0]

Hi everyone, thanks for your concern and your words of caution. Just to clarify, when we entered as visitors, it was with the intention of VISITING only-which is why I never did any research about all of this ahead of time, and hence the confusion . We had a change of plan based on family circumstances.

[Transborderwife 4,666]

You're good to aos newbie don't worry

[llcoolmg 20]

The law says it's perfectly ok to stay and adjust on a visitors visa. Lol visa journey has a whole forum section on it and guides for it.

It's perfectly fine to adjust on a visitors visa. If you're intent was to visit.

The law is also perfectly clear about those who are already married and want to immigrate. (just for good measure i'll also throw in a LOL)