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Posted

Hello everybody,

I am a permanent resident and my wife is on F1 visa status. We got married and filed I-130 on September 2017. When should we expect to hear anything from immigration regarding my wife's AOS? Also, how much money should I be making for me to be able to show I can support her and for what year will I need to show my income? Will it be just one year or will they look at multiple years? I am asking this because I am planning to go to school starting next month, December 2018 and wont be making as much money. If I do not make a lot of money starting next month, what can I do to make up for it? Will bank savings work?

Thanks

Posted

They look at multiple years, but they’re most concerned with whether you make enough at the time of interview. So you might be in trouble. 

The amount is (as I recall) a minimum of 125% of the poverty line. (For you plus your wife plus any other dependents) You can do a google search for that. 

If you don’t make enough, you can use savings but you need 5x the difference in savings. So if you need 25000 income and you only make 20000 the difference is 5000... You’d need 25000 in savings (5k x 5) to use assets. 

You might want to look for a joint sponsor.

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

Posted (edited)
On 11/17/2018 at 12:35 PM, myaumyau said:

We got married and filed I-130 on September 2017. When should we expect to hear anything from immigration regarding my wife's AOS?

You'll probably hear back on the I-130 in a few more months.

That said, your PD likely won't be current until around Sept. 2019. The petition won't proceed past NVC until the PD is current.

 

On 11/17/2018 at 12:35 PM, myaumyau said:

Also, how much money should I be making for me to be able to show I can support her and for what year will I need to show my income? Will it be just one year or will they look at multiple years?

https://www.uscis.gov/i-864p

That has the minimum income level. There is no maximum level or a minimum level to guarantee that it will satisfy the IO.

The CO looks at the totality of the circumstances. That said, current income is king, and you must at least meet the minimum level with current income.

If you change jobs to one that makes less - or reduce hours - then your current income will be affected accordingly. Current income for an employee is how much they make in a 12 year period (which can differ from what they are expected to make at the end of the tax year).

 

Assets can be used in lieu of, or in conjunction with, income.

On 11/17/2018 at 12:51 PM, nightingalejules said:

If you don’t make enough, you can use savings but you need 5x the difference in savings.

It's a minimum of 3x for a spouse Edit: of a USC.

Edited by geowrian

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

 

Filed: Timeline
Posted
2 hours ago, myaumyau said:

I am asking this because I am planning to go to school starting next month, December 2018 and wont be making as much money.

Many, many Americans go to school AND work full-time (they work weekends) or nearly full-time. Maybe rethink you priorities--this is your wife!

Posted
3 hours ago, geowrian said:

You'll probably hear back on the I-130 in a few more months.

That said, your PD likely won't be current until around Sept. 2019. The petition won't proceed past NVC until the PD is current.

 

https://www.uscis.gov/i-864p

That has the minimum income level. There is no maximum level or a minimum level to guarantee that it will satisfy the IO.

The CO looks at the totality of the circumstances. That said, current income is king, and you must at least meet the minimum level with current income.

If you change jobs to one that makes less - or reduce hours - then your current income will be affected accordingly. Current income for an employee is how much they make in a 12 year period (which can differ from what they are expected to make at the end of the tax year).

 

Assets can be used in lieu of, or in conjunction with, income.

It's a minimum of 3x for a spouse.

Right! Shoot! I always forget that. Thanks!

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

Posted
19 hours ago, geowrian said:

You'll probably hear back on the I-130 in a few more months.

That said, your PD likely won't be current until around Sept. 2019. The petition won't proceed past NVC until the PD is current.

 

https://www.uscis.gov/i-864p

That has the minimum income level. There is no maximum level or a minimum level to guarantee that it will satisfy the IO.

The CO looks at the totality of the circumstances. That said, current income is king, and you must at least meet the minimum level with current income.

If you change jobs to one that makes less - or reduce hours - then your current income will be affected accordingly. Current income for an employee is how much they make in a 12 year period (which can differ from what they are expected to make at the end of the tax year).

 

Assets can be used in lieu of, or in conjunction with, income.

It's a minimum of 3x for a spouse.

Thanks. Could you please provide a link for where it says I need to have 3 times the difference in savings?

Posted (edited)
3 hours ago, myaumyau said:

Thanks. Could you please provide a link for where it says I need to have 3 times the difference in savings?

https://www.uscis.gov/greencard/affidavit-support

subsection “If You Can’t Meet the Minimum Income Requirements

Actually this says it’s only 3 times if the person being sponsored  is a spouse or son/daughter of a citizen.  As you are a LPR, nightingalejules was originally correct and the 5x rule applies:

You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).

 

 

Edited by SusieQQQ
Posted

Good catch. Yes, spouse of an LPR still goes by the 5x rule.

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

 

Posted
22 hours ago, SusieQQQ said:

https://www.uscis.gov/greencard/affidavit-support

subsection “If You Can’t Meet the Minimum Income Requirements

Actually this says it’s only 3 times if the person being sponsored  is a spouse or son/daughter of a citizen.  As you are a LPR, nightingalejules was originally correct and the 5x rule applies:

You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).

 

 

Thank you. Thanks guys

 
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