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No income but enough saving for AOS, do I still need a co-sponsor?

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

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KayDeeCee Grand Master

KayDeeCee   4,891

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

reading this post i got confused when someone said you have to make 3 or 5 times over the poverty line.. but thanks for answering. :)

If someone's income doesn't meet the requirement, they can add assets. It is 3 times in assets for the amount of income they are short when sponsoring a spouse. For example, if you need $20k and you only make $18k, then you are short $2k, and would need at least $6k in assets.

Someone that meets the income requirement has no need to list assets, or use a joint sponsor.

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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True_South Explorer

True_South   10

Posted
Filed: Lift. Cond. (apr) Country: Ukraine
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Posted

I'm so sorry, I'm still confused. My fiancé and I plan to get married. Both in the US. I'm here legally, on an L visa. And I don't understand the whole income thing.

He's a USC but he's been struggling with jobs the last couple of years and he's been making next to nothing. Plus, if I remember correctly, he didn't file taxes for 2013 and 2014. He did file this year, but I read that USCIS needs returns for the past 3 years?

I've been filing diligently, I have an OK credit score and I make around 85 a year. I've read what you guys wrote here about "combined", but wouldn't he be required to file that "affidavit of support" thing? I'm not seeing it on USCIS web site any more, they only list two forms. Is that right?

07-15-2016     Married.

03-25-2017     AOS packet sent (i-130 + i-485 + i-765 concurrent).

03-27-2017     AOS packet received according to USPS tracking number.

04-06-2017     NOA1 emails and texts received.

04-10-2017     NOA1 hard copies received.

04-15-2017     Biometrics appointment letter received.

04-25-2017     Biometrics appointment.

05-06-2017     RFE mailed.

07-05-2017     RFE response mailed.

07-06-2017     RFE response received according to USPS tracking number.

07-12-2017     RFE response receipt on 07-10-2017 confirmed via email and text.

07-22-2017     i-765 case updated with "we updated your name" message.

07-25-2017     EAD card mailed.

07-26-2017     EAD card mailing notification (email and text) received.

07-28-2017     EAD card in hand.

08-01-2017     "Interview scheduled" texts and email received. Hard copy interview letter (I-797C) received.

08-30-2017     Scheduled interview. 9 hours after getting out of the interview received email "we ordered your new card".

08-31-2017     33 hours after getting out of the interview received texts about case updates (i.e. texts were received 24 hours after emails). Hard copies of i-130 and i-485 approval notices received.

09-05-2017     "Card mailed" update on USCIS web site with notifications via text and email. Nothing on my USPS dashboard.

09-06-2017     Tracking number posted to USPS dashboard with "pre-shipment info sent".

09-08-2017     Green Card in hand.

09-11-2017     Online Request to fix the typo in the last name on the Green Card submitted.

09-20-2017     Infopass appointment. Result: "It's easier to wait for ROC and make sure they spell you name correctly at that time."

09-25-2017     Email received in response to the online request: "Infopass is the way to do this".

06-01-2019     ROC window opened.

08-01-2019     ROC packet sent.

08-05-2019     ROC packet delivered.

08-08-2019     Rejection notice sent (unable to process the credit card, possibly because of the formatting of billing address).

08-18-2019     Packet re-sent with personal check included.

08-20-2019     ROC packet delivered.

08-23-2019     NOA issued.

08-26-2019     NOA / 18 month extension letter received. Check cashed at 10:30 pm Mountain Time.

12-14-2019     Biometrics letter received. Notice date 12-06-2019. Appointment date 12-23-2019.

12-23-2019     Biometrics appointment. Email from USCIS stating that initial review has started. "During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation."

06-29-2020     Notification that "Name was updated" (hopefully they are putting back the hyphen they had dropped when issuing the original GC).

07-09-2020     Received notification "New card is being produced".

07-10-2020     Received notification "Case was approved".

07-29-2020     Received notification "Card mailed".

07-31-2020     Green Card in hand.

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KayDeeCee Grand Master

KayDeeCee   4,891

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

I'm so sorry, I'm still confused. My fiancé and I plan to get married. Both in the US. I'm here legally, on an L visa. And I don't understand the whole income thing.

He's a USC but he's been struggling with jobs the last couple of years and he's been making next to nothing. Plus, if I remember correctly, he didn't file taxes for 2013 and 2014. He did file this year, but I read that USCIS needs returns for the past 3 years?

I've been filing diligently, I have an OK credit score and I make around 85 a year. I've read what you guys wrote here about "combined", but wouldn't he be required to file that "affidavit of support" thing? I'm not seeing it on USCIS web site any more, they only list two forms. Is that right?

Your situation is different than those posting in this forum, which is about adjustment from K visas.

You are already in the US and working legally. Your income can be used on the USC petitioner/sponsor's I-864. You need to include proof of the income and that it will continue from the same source once you become a permanent resident. As the intending immigrant, you do not need to fill out an I-864A, your income is just listed and combined with your spouse on their I-864. Please read through the I-864 instructions. It gives details about using the intending immigrant's income.

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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True_South Explorer

True_South   10

Posted
Filed: Lift. Cond. (apr) Country: Ukraine
 Timeline
Posted

Thanks! Sorry for posting in the wrong forum and for being inattentive.

07-15-2016     Married.

03-25-2017     AOS packet sent (i-130 + i-485 + i-765 concurrent).

03-27-2017     AOS packet received according to USPS tracking number.

04-06-2017     NOA1 emails and texts received.

04-10-2017     NOA1 hard copies received.

04-15-2017     Biometrics appointment letter received.

04-25-2017     Biometrics appointment.

05-06-2017     RFE mailed.

07-05-2017     RFE response mailed.

07-06-2017     RFE response received according to USPS tracking number.

07-12-2017     RFE response receipt on 07-10-2017 confirmed via email and text.

07-22-2017     i-765 case updated with "we updated your name" message.

07-25-2017     EAD card mailed.

07-26-2017     EAD card mailing notification (email and text) received.

07-28-2017     EAD card in hand.

08-01-2017     "Interview scheduled" texts and email received. Hard copy interview letter (I-797C) received.

08-30-2017     Scheduled interview. 9 hours after getting out of the interview received email "we ordered your new card".

08-31-2017     33 hours after getting out of the interview received texts about case updates (i.e. texts were received 24 hours after emails). Hard copies of i-130 and i-485 approval notices received.

09-05-2017     "Card mailed" update on USCIS web site with notifications via text and email. Nothing on my USPS dashboard.

09-06-2017     Tracking number posted to USPS dashboard with "pre-shipment info sent".

09-08-2017     Green Card in hand.

09-11-2017     Online Request to fix the typo in the last name on the Green Card submitted.

09-20-2017     Infopass appointment. Result: "It's easier to wait for ROC and make sure they spell you name correctly at that time."

09-25-2017     Email received in response to the online request: "Infopass is the way to do this".

06-01-2019     ROC window opened.

08-01-2019     ROC packet sent.

08-05-2019     ROC packet delivered.

08-08-2019     Rejection notice sent (unable to process the credit card, possibly because of the formatting of billing address).

08-18-2019     Packet re-sent with personal check included.

08-20-2019     ROC packet delivered.

08-23-2019     NOA issued.

08-26-2019     NOA / 18 month extension letter received. Check cashed at 10:30 pm Mountain Time.

12-14-2019     Biometrics letter received. Notice date 12-06-2019. Appointment date 12-23-2019.

12-23-2019     Biometrics appointment. Email from USCIS stating that initial review has started. "During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation."

06-29-2020     Notification that "Name was updated" (hopefully they are putting back the hyphen they had dropped when issuing the original GC).

07-09-2020     Received notification "New card is being produced".

07-10-2020     Received notification "Case was approved".

07-29-2020     Received notification "Card mailed".

07-31-2020     Green Card in hand.

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KayDeeCee Grand Master

KayDeeCee   4,891

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

Thanks! Sorry for posting in the wrong forum and for being inattentive.

You are good. Glad I could help clear your confusion.

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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