Jump to content
EastMeetsWest2018

AOS on own first then add cosponsor if necessary?

 Share

10 posts in this topic

Recommended Posts

Quick question regarding the AOS. Am I able to first try to apply on my own with no co-sponsor for the AOS and if the NVC has an issue with it I can later add a co-sponsor?

 

Since I live out of the US and do not plan on returning until my wife is approved and we have obtained a green card, my income cannot be included on any AOS despite the fact that I make a good living. I plan to try to use assets which between my wife and I, we should be able to get around the 3 times 125% of poverty limit with savings alone. However, in addition, I have my IRAs that I can add that which are near 10x 125% of poverty limit (before accounting for early withdraw fee + taxes, if liquidated it would still be >6x 125% of poverty limit) plus my wife's equivalent of her IRAs which have a significant amount. 

 

My parents are willing to be co-sponsors but I'd rather not have to pull them into this if I am able to sponsor on my own. I guess I'm just curious if I need to make a decision upfront if I will be electing to use a co-sponsor or not with no chance of adding one later. If that is the case, I'd rather be safe than sorry.

 

Thanks for any feedback.

 

 

Link to comment
Share on other sites

It sounds like your assets are more than sufficient, so I doubt a joint sponsor will be necessary (barring a reason for them to suspect your spouse will incur extension expenses and become a public charge). The final decision is up to the CO, but using assets for the I-864 is fine.

Absolute worst case is they want a joint sponsor and you find one at that time. It's a little delay, but I don't think it's necessary here.

 

I would suggest focusing more on evidence of having US domicile, or showing sufficient intent on establishing US domicile. :)

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

11 minutes ago, geowrian said:

It sounds like your assets are more than sufficient, so I doubt a joint sponsor will be necessary (barring a reason for them to suspect your spouse will incur extension expenses and become a public charge). The final decision is up to the CO, but using assets for the I-864 is fine.

Absolute worst case is they want a joint sponsor and you find one at that time. It's a little delay, but I don't think it's necessary here.

 

I would suggest focusing more on evidence of having US domicile, or showing sufficient intent on establishing US domicile. :)

Thank you for your response. Sounds to me like it can be added later, which is what I wanted to confirm.

 

As for showing intent, I do not worry about that. I already have a plan to move with my parents initially until we are settled and find a house to put a down payment on. I have recruiters I have already had discussions with and honestly, it would not take me long to find a job after I arrive in the US (if not before). I have maintained all my bank accounts and credit card accounts and will be registering to vote for the midterms. I may even purchase a car if I feel it is necessary to show intent on establishing domicile.  

Link to comment
Share on other sites

Filed: Other Country: China
Timeline

Expect a confusing notice from NVC stating your income doesn't meet the requirements but the Consular Officer will make the decision.  A millionaire would get the same notice when using assets only.  No worries.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

1 hour ago, pushbrk said:

Expect a confusing notice from NVC stating your income doesn't meet the requirements but the Consular Officer will make the decision.  A millionaire would get the same notice when using assets only.  No worries.

As long as I can submit one with a co-sponsor if the CO rules against me. Or perhaps I should have a filled out form handy in case that is his/her decision and I can submit on the spot during the interview?

Edited by EastMeetsWest2018
Link to comment
Share on other sites

Filed: Other Country: China
Timeline
1 hour ago, EastMeetsWest2018 said:

As long as I can submit one with a co-sponsor if the CO rules against me. Or perhaps I should have a filled out form handy in case that is his/her decision and I can submit on the spot during the interview?

That would be the most efficient way to go.  If you don't have it AT the interview, your visa issue is likely to be delayed by at least a month.  It's called a "Joint Sponsor".  If the joint sponsor is married, be sure to provide an I-864a from the spouse.  You'll also need the US Citizenship documentation from each.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

25 minutes ago, pushbrk said:

That would be the most efficient way to go.  If you don't have it AT the interview, your visa issue is likely to be delayed by at least a month.  It's called a "Joint Sponsor".  If the joint sponsor is married, be sure to provide an I-864a from the spouse.  You'll also need the US Citizenship documentation from each.

It would be my parents so I will need a I-864 from one and I-864a from the other. US Citizenship documentation (e.g. birth cert) and also Tax Returns... correct? And of course the documentation showing the annual income.

Link to comment
Share on other sites

@EastMeetsWest2018 I am quite curious to find out if your wife's CPF can be factored in as assets, since it cannot be withdrawn until she surrenders her Singapore citizenship. So technically it cannot be liquidated till she she acquires the citizenship of another country.

Link to comment
Share on other sites

29 minutes ago, EastMeetsWest2018 said:

My wife is a Singapore PR. She is Malaysian citizen. She can withdraw upon leaving and give up her PR.

That makes sense then. I was wondering.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...