Do we need an attorney?

[sweetheartx 1]

Hi everyone,

I am wondering if my fiancé (USC) and I need an attorney for my (Canadian citizen) AOS because of the financial requirements.

My partner and I entered the US in August (after living in Canada for 5 months), we were travelling so he has has two jobs since then. We have now settled in Southern California where he has been working at his job for the past two months and is also planning on continuing working there until the whole AOS is finalized. In the past couple of years, he hasn't had too many stable incomes due to travelling, and at his most recent job before we moved to Canada he wasn't making enough to meet the financial requirements as my sponsor. He does meet those requirements now however, but I was wondering if the fact that his income has been unstable in the past will cause us a problem? Would you suggest getting an attorney to help us out in this matter.

 

Oh and also, we are not able to find any co-sponsors, so this is not an option. He would be the only sponsor filing. 

 

[Ben&Zian 4,397]

An attorney really can't help in that type of situation. It's up to USCIS as they have sole discretion on that matter to determine whether someone qualifies as a sponsor to avoid potential public charge issues.

Edited November 27, 2018 by Ben&Zian

[sweetheartx 1]

5 minutes ago, Ben&Zian said:

An attorney really can't help in that type of situation. It's up to USCIS as they have sole discretion on that matter to determine whether someone qualifies as a sponsor to avoid potential public charge issues.

Do you know what are the likelihoods of getting accepted given those facts if my partner is still at the same job by the time we get interviewed? 

[debbiedoo 2,339]

an attorney cant help.

 

a co sponsor can.

[geowrian 22,335]

What exactly would you want the attorney to do...?

[Ben&Zian 4,397]

3 minutes ago, sweetheartx said:

Do you know what are the likelihoods of getting accepted given those facts if my partner is still at the same job by the time we get interviewed? 

 

No one can say yes or no, it's the discretion USCIS to accept or deny it; but if he makes more than enough now, I wouldn't overly stress about it and go for it.

[Sunnyland 639]

OP,  all what an attorney will do (if you consult with one) is telling you how bad your situation is and that the only way to be approved is if you hire him/her.  Unless the attorney becomes your co-sponsor then I don't see how they can help you in this matter. You will be wasting the money that you don't have. 

[theresaL 408]

Just curious, you say "My partner and I entered the US in August . . . we have now settled in CA", are you currently in the USA with visitor status and what is stamped in your passport? Do you plan to return to Canada and file for a K-1 visa or are you planning on marrying here and then filing for AOS??? If it's the former you will have around 1-2 years for the visa to be issued giving your partner plenty of time to show sufficient income. If it's the latter, entering the US with the intention to marry and stay then adjust status is fraud. 

[sweetheartx 1]

2 minutes ago, theresaL said:

Just curious, you say "My partner and I entered the US in August . . . we have now settled in CA", are you currently in the USA with visitor status and what is stamped in your passport? Do you plan to return to Canada and file for a K-1 visa or are you planning on marrying here and then filing for AOS??? If it's the former you will have around 1-2 years for the visa to be issued giving your partner plenty of time to show sufficient income. If it's the latter, entering the US with the intention to marry and stay then adjust status is fraud. 

I am on a visitor visa. We entered the country expecting to fly out at the end of my six months and go travel in Asia. However after a lot of talking we decided that we wanted to start building a life together here and be more secure rather than the constant travelling we both experienced together/separately before we met. So no, the intention when we came was so to apply for green card this only came up recently as I am only a couple of months from the expiry of my visa here. 

[AtlToBlr 64]

17 hours ago, theresaL said:

If it's the latter, entering the US with the intention to marry and stay then adjust status is fraud. 

Intent is determined at the border. She can go ahead and file for AOS. 

[theresaL 408]

OP, the only way to find out if a joint sponsor is needed is to marry, file the correct forms with supporting documents to AOS and let the process play out. You can find example forms at the top of the page under "Guides" and answers to many questions you might have in the forums. The people here are very knowledgeable and helpful. Good luck.

[sweetheartx 1]

1 minute ago, theresaL said:

OP, the only way to find out if a joint sponsor is needed is to marry, file the correct forms with supporting documents to AOS and let the process play out. You can find example forms at the top of the page under "Guides" and answers to many questions you might have in the forums. The people here are very knowledgeable and helpful. Good luck.

So if they do decide we need a sponsor would they give us some time to find one or would I be denied and then have to start from the beginning?

[geowrian 22,335]

4 minutes ago, sweetheartx said:

So if they do decide we need a sponsor would they give us some time to find one or would I be denied and then have to start from the beginning?

They would issue an RFIE or RFE. Generally these have about 90 days for a response (I think 84 max + some days for mailing?).

[debbiedoo 2,339]

26 minutes ago, sweetheartx said:

So if they do decide we need a sponsor would they give us some time to find one or would I be denied and then have to start from the beginning?

no, you have some time to find one, though you may want to start asking folks now just in case. better to have one lined up if you need it, then to scramble to find one last minute

 

i make more than enough (including on previous taxes) but even if for some reason we need one my dad said he would do it.