AOS situation and affidavit of support questions.

[Wozzie 1]

Hi everyone.

Since deciding to adjust status we have been reading this website. It's a wealth of knowledgeable people.

A little background info.

Our situation is a little unique (we think). I'm an Australian citizen and my wife has dual citizenship (US and Aus). Both her parents are US citizens who migrated to Australia as residents (her father has passed away). A lot of her family live in the US.

My wife was born in Australia and lived there her whole life. She was nationalised in the US from birth and has the certificates. We were married in Hawaii April this year and returned home 4 weeks later after a honeymoon.

We are now in the US (entered July 9 myself via VWP, wife via US passport) to visit family, do a tour of mid west and baseball parks. 4 weeks ago we were talking to her sister and offered a business opportunity which we thought was to good to pass up and wife to be able to be with her family so made the decision to adjust status.

She has never lived or worked in the US. She applied for and received her SSN last week. We have opened joint bank accounts and purchased a new car on the weekend.

I have done the medical exam from a civil surgeon

Had to get friends in Aus to post vaccination records and other financial and relationship supporting records.

My questions come about the affidavit of support. My wife has some savings. Myself have cash and 2 houses. Net total ~$400k AUD.

With our situation how will USCIS look at us with only having lived in Australia?

We greatly exceed all the requirements in cash alone, do we need to put all assets down?

It says you can use assets souly from your spouse, it me. Is this true?

Is there anything we will run into?

Thanks for your time reading and look forward to the responses.

[Harpa Timsah 13,258]

You will need to show your assets, but if you qualify in cash I don't see why'd you need to also declare your houses. You can combine spouse's assets on the I-864 form (as it says in the instructions for your situation). It won't make a difference that she never lived in the US. This happens more than you think. Good luck.

[Wozzie 1]

Thanks for your prompt reply Herpa.

Thanks, hearing that reassures us. We've read so many conflicting things and scare mongering regarding AOS from VWP.

Good to put that all at ease.

[Harpa Timsah 13,258]

Yes, the internet is a help but also a hindrance. Just follow the form instructions from USCIS to a T and you'll be fine. You'll need 3X the yearly required salary in assets, and if that is in the bank you'll need to show a year's worth of statements (to show that you're not just borrowing from someone). You might want to line up a co-sponsor just in case, for peace of mind. Best of luck to you.

[Wozzie 1]

Great news. Yes have 3x the requirement in the bank and just printed off 18 months statements.

We have people who could co-sponsor but would prefer to do it on assets alone. USCIS States you can use them so why would they deny on this method?

Like you said. Just follow the instructions and just block everything else out.

Thank you again, you're a wealth of knowledge and the forum is lucky to have you!

[Harpa Timsah 13,258]

Assets should work just fine.

[Wozzie 1]

I've just received an email from one of the paralegals associated with my attorney asking for Co sponsors etc for the affidavit of support.

I mentioned the use of assets should be fine and we more then exceed the minimum required. (They have my bank statements and a letter from Bank confirming current balance, bank account details etc)

She then mentioned that they have had a couple of cases declined due to the use of assets alone and would like a co sponsor.

How is this possible given we meet the criteria set out by USCIS themselves?

Most of my wife's family who reside in the US are elderly (we are mid 30s) so are all retired which is why we only want to use assets.

Is my attorney and his paralegals wrong about this?

My wife doesn't want to look for work until I have my green card in hand in case it all doesn't work out.

How can USCIS make a judgement against us if we exceed their requirements?

[Harpa Timsah 13,258]

Okay. I was going to say this before but it seemed long-winded and unnecessary.

The Affidavit of Support is discretionary, which means (as I am sure you know) that there is some room for interpretation or leeway on the behalf of the person who reviews it. So it is possible that the assets would fail and therefore it might be safer to just throw in a co-sponsor anyway. That's why I suggested it.

BUT, you seem to understand the asset requirement just fine and it should most likely be accepted, per the instructions on the form. I think that officers in the US are more literal in interpreting the requirements than officers abroad so that works in your favor. You could try with just assets, and if they don't like it, they will give you another chance. If I had to guess, I would put the chance of assets failing at less than 5%?

AND, there is no reason to think this immigration thing won't work out. I know your wife has never lived here so this place is foreign to her, but really, this will work fine. You can also get temporary work permission in 90 days and you guys will be all set!

BUT, that brings me to another problem. Why did you hire a lawyer? Lawyers more often than not mess up cases, and I see so many stories where the lawyers don't send in the right paperwork and do a bunch of nonsense. Immigration is an administrative, not legal, procedure. You seem very capable and you are supplying all the evidence anyway, so why pay someone who doesn't care about your case as much as you do?

If you were doing it on your own, I would suggest a detailed cover letter explaining that you are qualifying on assets, per the instructions, numbers 123 etc, corresponding evidence, blah blah. Spell it all out for the officer. But since you have a lawyer, who knows what they will do or send.

Edited September 15, 2016 by Harpa Timsah