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Ksintigo

Is a joint sponsor required if my income is at 125% of the poverty guidelines?

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I am applying for adjustment of status through marriage. I am currently allowed to work and stay in the US through DACA. I make enough to be considered 125% above the poverty guidelines. I know the I-864 form has to be filled out by my spouse, but there is a section where the sponsor, whether it be my spouse or a joint sponsor, can take my income into account to meet the guidelines. So I'm wondering if I really need a joint sponsor or if my spouse can file as my sole sponsor and then just take my current income into account?

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As long as the petitioner makes 125% of the poverty guidelines then a co-sponsor is not required. 


August 26, 2017 - Married

February 20, 2018 - AOS Package Sent

March 02, 2018 - AOS Package Received

April 03, 2018 - RFE for income requirement

April 09, 2018 - RFE replied with 2017 filed income tax

April 25, 2018 - REF Received

August 22,2018  - EAD Approved

September 05, 2018 - Received noticed of interview scheduled

October 02, 2018 - Interview (Approved) 

October 10, 2018 - Green Card Received

 

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125% of the FPL is a minimum requirement. Below that and you must have a joint sponsor. Above that and you may or may not need one. The IO makes a decision on the public charge concern based on the totality of the circumstances.


Timelines:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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

 

 

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