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Talma

Question about Affadavit Of Support

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Posted (edited)

Hi i am currently in the US on a now expired k1 Visa. My fiance and i have married within the 90 days as required. We are about to submit our adjustment of status papers (concurrent filing of ead application for travel etc.) However we have a problem in regards to the affadavit of support. My wife who is the sponsor and her mother who is the co sponsor have had their employment hours reduced. Furthermore it seems they may not have had the full income requirements in the first place. We are now extremely stressed and worried. We still intend to put in our paperwork but are wondering what our options will be if we are refused. I have a few job opportunities but will of course have to wait for my EAD.

 

QUESTION:By the time the interview comes will we still need to meet these income requirements? Or will they take the fact that i am working in to account? Will i recieve my EAD before the interview process?
QUESTION:Will we even make it to the interview process? Or are we likely to receive an rfe?
QUESTION: Regarding assets can i use the money in my bank account as principal applicant as evidence in our affadavit of support if so how? Confused about this.
QUESTION: If we are denied can i remain in the USA? And what would our next step be?
 

Would appreciate any advice as we are now both extremely worried. 
 

I realize that the members of this board are not immigration attorneys just would appreciate advice anyway.


 

Edited by Talma

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If your wife and co-sponsor do not meet the income requirements for the I864, most likely you will receive an RFE.  Don’t count on the EAD as I am starting to see more folks getting their GC interview before the EAD is even issued.  The other option is to find a different co-sponsor.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Posted (edited)
41 minutes ago, Bill & Katya said:

If your wife and co-sponsor do not meet the income requirements for the I864, most likely you will receive an RFE.  Don’t count on the EAD as I am starting to see more folks getting their GC interview before the EAD is even issued.  The other option is to find a different co-sponsor.

 

Good Luck!

Ok thanks for your prompt reply. If we recieve an RFE will we be given time to find another co-sponsor? Or am i likely to be sent to immigration court for removal? Does the fact that i am here in limbo bearing in mind that we are putting in our papers in the next few days count as being here unlawfully? As i said we were married within the required timeframe. 

 

Also in regards to my finances as principal applicant can i use my funds in my bank account in the affadavit of support to meet the income requirements if so how? We are still kind of confused about that.

Edited by Talma

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7 hours ago, Talma said:

Ok thanks for your prompt reply. If we recieve an RFE will we be given time to find another co-sponsor? Or am i likely to be sent to immigration court for removal? Does the fact that i am here in limbo bearing in mind that we are putting in our papers in the next few days count as being here unlawfully? As i said we were married within the required timeframe. 

You get (if I remember correctly from my RFIE a few months back) 81 or 85 days to respond to the RF(I)E. They will not make you face an immigration judge.

It's not smart to send in your paperwork without meeting the income requirements. Even if you file right now, the moment the RF(I)E gets issued, your whole application freezes until they received what they need. This includes your EAD and AP application. Find a co-sponsor before you file, and try to do it asap, since you officially will be out of status after the 90 days (even though you got married) 

 

I don't know how the whole assets thing works, since we didn't need it, but there's a lot of people on here that do. Let's see if anyone else chips in.

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Posted (edited)
18 minutes ago, C90 said:

You get (if I remember correctly from my RFIE a few months back) 81 or 85 days to respond to the RF(I)E. They will not make you face an immigration judge.

It's not smart to send in your paperwork without meeting the income requirements. Even if you file right now, the moment the RF(I)E gets issued, your whole application freezes until they received what they need. This includes your EAD and AP application. Find a co-sponsor before you file, and try to do it asap, since you officially will be out of status after the 90 days (even though you got married) 

 

I don't know how the whole assets thing works, since we didn't need it, but there's a lot of people on here that do. Let's see if anyone else chips in.

Thank you so much for your reply and advice. I guess the reason we are considering filing now is that we thought if the EAD comes first it might mean i can work and therefore not be a considered a possible public charge by the time the interview comes around. Although now it has been suggested in this thread that the interview may come first and not to rely on the EAD. Your advice makes sense to me. I'm not ready to give up hope but feel pretty stressed as does my wife. 

Edited by Talma

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Posted (edited)
19 minutes ago, Talma said:

Thank you so much for your reply and advice. I guess the reason we are considering filing now is that we thought if the EAD comes first it might mean i can work and therefore not be a considered a possible public charge by the time the interview comes around. Although now it has been suggested in this thread that the interview may come first and not to rely on the EAD. Your advice makes sense to me. I'm not ready to give up hope but feel pretty stressed as does my wife. 

You will undoubtably get an RFE for the I864 immediately after applying if you do not meet the 125% mark so it will stop all forms from processing. If you dont satisfy your need for a JOINT sponsor (not Co-sponsor. A Co is somebody who lives with an original sponsor or joint sponsor and who files an I864a) your process will freeze).

 

You CAN provide an I864 for a joint sponsor and then, when you get the interview, you can prove you dont need one. It all depends on the timing of your interview. If it takes a long time you may have another whole tax season to increase your household income or, as the intending immigrant, you yourself could have worked enough on your EAD to provide at least 6 months of current paystubs and could provide an Employment Verification Letter for your job and act as your own co-sponsor for yoir wife's I864.

Edited by K1visaHopeful

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14 hours ago, Talma said:

Ok thanks for your prompt reply. If we recieve an RFE will we be given time to find another co-sponsor? Or am i likely to be sent to immigration court for removal? Does the fact that i am here in limbo bearing in mind that we are putting in our papers in the next few days count as being here unlawfully? As i said we were married within the required timeframe. 

 

Also in regards to my finances as principal applicant can i use my funds in my bank account in the affadavit of support to meet the income requirements if so how? We are still kind of confused about that.

If you do get an RFE, you will get time to respond.  However, the biggest issue you may face if you file right now with a sponsor or co-sponsor that does not meet the financial guideline, USCIS may reject your application without issuing an RFE.  This doesn't mean you would immediately be deported, but that you would have to refile the complete package again.  There is no deadline for filing the AOS, and some people take months or even years to submit it (this is not recommended).  In my opinion I would be looking for a sponsor that meets the guideline and is willing to submit an I864.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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14 hours ago, K1visaHopeful said:

You will undoubtably get an RFE for the I864 immediately after applying if you do not meet the 125% mark so it will stop all forms from processing. If you dont satisfy your need for a JOINT sponsor (not Co-sponsor. A Co is somebody who lives with an original sponsor or joint sponsor and who files an I864a) your process will freeze).

 

You CAN provide an I864 for a joint sponsor and then, when you get the interview, you can prove you dont need one. It all depends on the timing of your interview. If it takes a long time you may have another whole tax season to increase your household income or, as the intending immigrant, you yourself could have worked enough on your EAD to provide at least 6 months of current paystubs and could provide an Employment Verification Letter for your job and act as your own co-sponsor for yoir wife's I864.

 

8 hours ago, Bill & Katya said:

If you do get an RFE, you will get time to respond.  However, the biggest issue you may face if you file right now with a sponsor or co-sponsor that does not meet the financial guideline, USCIS may reject your application without issuing an RFE.  This doesn't mean you would immediately be deported, but that you would have to refile the complete package again.  There is no deadline for filing the AOS, and some people take months or even years to submit it (this is not recommended).  In my opinion I would be looking for a sponsor that meets the guideline and is willing to submit an I864.

 

Good Luck!

Thank you both for your thoughtful replies. So i guess the concensus  so far is to wait until we find another sponsor before putting in the papers. This is not an easy process but we are trying to find someone else. If we can't find a sponsor i'm not sure what we will do.  :(

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1 minute ago, Talma said:

 

Thank you both for your thoughtful replies. So i guess the concensus  so far is to wait until we find another sponsor before putting in the papers. This is not an easy process but we are trying to find someone else. If we can't find a sponsor i'm not sure what we will do.  :(

Do your research on the processing times of your local field office. If yours is a busy one the plan may work that you can co-sponsor yourself as the intending immigrant. That may be a good sell to any joint sponsor that is scared to make a full commitment as they may not be needed when the interview finally arrives.

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22 minutes ago, K1visaHopeful said:

Do your research on the processing times of your local field office. If yours is a busy one the plan may work that you can co-sponsor yourself as the intending immigrant. That may be a good sell to any joint sponsor that is scared to make a full commitment as they may not be needed when the interview finally arrives.

I'm not entirely sure what you mean by "co-sponsoring myself?" 

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1 minute ago, Talma said:

I'm not entirely sure what you mean by "co-sponsoring myself?" 

As described in my original post, once you start working with your EAD you can combine your income with your original sponsor as household income provided you have either a W2 and filed taxes or have worked 6 months and can provide 6 months worth of current paystubs and an Employment Verification Letter.

 

15 hours ago, K1visaHopeful said:

You CAN provide an I864 for a joint sponsor and then, when you get the interview, you can prove you dont need one. It all depends on the timing of your interview. If it takes a long time you may have another whole tax season to increase your household income or, as the intending immigrant, you yourself could have worked enough on your EAD to provide at least 6 months of current paystubs and could provide an Employment Verification Letter for your job and act as your own co-sponsor for your wife's I864.

From the I864 instructions:

 

"Item Numbers 8. - 22. Current Annual Household Income.

 

This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 7. is greater than 125 percent (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any other household member’s income. See Form I-864P for information on the Federal Poverty Guidelines.

 

To determine the filing requirements for your relatives included in Part 6., Item Numbers 8. - 19., follow the instructions below.

 

1. If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children listed in Part 5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A.

 

2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has accompanying children.

 

3. If you included the income of the intending immigrant who is not your spouse, (he or she would be counted on Part 5., Item Number 1.), evidence that his or her income will continue from a lawful source after obtaining lawful permanent resident status must be provided and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A, unless he or she has an accompanying spouse or children."

 

#2. Is you. Your income as the intending immigrant can be included in your Sponsor's household income provided you can provide the supporting financial documents (ie. Tax Returns plus W2s or EVL plus 6 months of current paystubs). Essentially you are your own co-sponsor (co-sponsor because you live with the original sponsor and are the spouse of the original sponsor) but you dont have to fill out an I864a as a co-sponsor because you are the intending immigrant.

 

 

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29 minutes ago, K1visaHopeful said:

As described in my original post, once you start working with your EAD you can combine your income with your original sponsor as household income provided you have either a W2 and filed taxes or have worked 6 months and can provide 6 months worth of current paystubs and an Employment Verification Letter.

 

From the I864 instructions:

 

"Item Numbers 8. - 22. Current Annual Household Income.

 

This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 7. is greater than 125 percent (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any other household member’s income. See Form I-864P for information on the Federal Poverty Guidelines.

 

To determine the filing requirements for your relatives included in Part 6., Item Numbers 8. - 19., follow the instructions below.

 

1. If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children listed in Part 5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A.

 

2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has accompanying children.

 

3. If you included the income of the intending immigrant who is not your spouse, (he or she would be counted on Part 5., Item Number 1.), evidence that his or her income will continue from a lawful source after obtaining lawful permanent resident status must be provided and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A, unless he or she has an accompanying spouse or children."

 

#2. Is you. Your income as the intending immigrant can be included in your Sponsor's household income provided you can provide the supporting financial documents (ie. Tax Returns plus W2s or EVL plus 6 months of current paystubs). Essentially you are your own co-sponsor (co-sponsor because you live with the original sponsor and are the spouse of the original sponsor) but you dont have to fill out an I864a as a co-sponsor because you are the intending immigrant.

 

 

Ok i understand that part now about sponsoring myself. The processing times are 10 months to 23.5 months at the moment for the i485 BTW. But if we turn in the forms now how will i get the EAD? Won't they freeze the entire application once they see we don't meet the income requirements? As suggested by the others in this thread? Or are you suggesting the EAD could still be approved? Could we file for the EAD seperately perhaps?

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Posted (edited)
22 minutes ago, Talma said:

Ok i understand that part now about sponsoring myself. The processing times are 10 months to 23.5 months at the moment for the i485 BTW. But if we turn in the forms now how will i get the EAD? Won't they freeze the entire application once they see we don't meet the income requirements? As suggested by the others in this thread? Or are you suggesting the EAD could still be approved? Could we file for the EAD seperately perhaps?

No you wont get approved for the EAD (the entire process will be frozen) without a viable joint sponsor. I said do that/get a viable joint sponsor and apply for all three forms concurrently. Do not send it without finding a viable joint sponsor.

BUT what I suggested you could possibly do was convince THAT viable joint sponsor who was wary about sponsoring you that by the time you got an interview you wont need them to sponsor you because you will be working and can co-sponsor yourself. Telling your leery joint sponsor of that might make it easier to find a viable joint sponsor.

You cant apply for EAD by itself at this stage.

Edited by K1visaHopeful

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2 minutes ago, K1visaHopeful said:

No you wont get approved for the EAD (the entire process will be frozen) without a viable joint sponsor. I said do that/get a viable joint sponsor and apply for all three forms concurrently. Do not send it without finding a viable joint sponsor.

BUT what I suggested you could possibly do was convince THAT viable joint sponsor who was wary about sponsoring you that by the time you got an interview you wont need them to sponsor you because you will be working and can co-sponsor yourself. Telling your leery joint sponsor of that might make it easier to find a viable joint sponsor.

You cant apply for EAD by itself at this stage.

Ok i understand now. Thanks you so much for your help, advice and patience we really appreciate it. Myself and my wife are extremely stressed about all of this. We will continue to search for a joint sponsor for the time being.

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4 minutes ago, Talma said:

Ok i understand now. Thanks you so much for your help, advice and patience we really appreciate it. Myself and my wife are extremely stressed about all of this. We will continue to search for a joint sponsor for the time being.

I wish you the best of luck!

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