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Hopefulnomad

Income requirement and public charge rule

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Hello there VJ community, it feels good to be a part of this community after being a visitor for so long! 

So my girlfriend who will be my wife soon does not currently make enough to fulfill the income requirement as the sponsor since she moved in with me last month after finding a part time job in the city I live in as this was the only way we could be together. Her most recent yearly income was around 25k. And we have no one to ask to be a joint sponsor.

 

1-What I wonder is, can she still sponsor me based on her most recent income(25k) and the previous year(22k) and we hope that she will find a full time job soon since she is actively applying for full time jobs and has some interviews coming up?

 

2-I'm also concerned about this update on public charge rule and its possible effects on my adjustment of status application that we will eventually send once we find the funds to do so but it won't be before the rule becomes effective which is October 15. I hear various things about this update and whether it could affect us since we are not in financially stable situation, due to the fact I'm not authorized to work without a SSN and she has hearing loss which makes it harder for her to find a job even though she has a PhD in criminal justice so Im concerned about the possibility of USCIS considering all these factors while making a decision on our case.

 

Fyi, I have been overstaying my f1 visa for a few years so therefore I think it's better to have a lawyer assisting us with this case as we would not want to make a mistake and mess things up.

Thanks in advance for your valuable opinions! 

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Posted (edited)
  1. Ignore the tax returns for now (their income is required to be disclosed + a copy of at least the most recent one), but she needs current income to qualify as a sponsor. That would be based on her current, part-time employment. Interviews and even job offers won't satisfy an I-864....she needs current income to meet the minimum first, or suitable assets, or a joint sponsor.
  2. My suggestion is to get in before the rule goes into effect. She may need a second job or something in the meantime, or to really dig deep for a joint sponsor.

Your overstay isn't an issue for AOS as the spouse (well, soon-to-be spouse) of a US citizen.

Edited by geowrian

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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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16 hours ago, geowrian said:
  1. Ignore the tax returns for now (their income is required to be disclosed + a copy of at least the most recent one), but she needs current income to qualify as a sponsor. That would be based on her current, part-time employment. Interviews and even job offers won't satisfy an I-864....she needs current income to meet the minimum first, or suitable assets, or a joint sponsor.
  2. My suggestion is to get in before the rule goes into effect. She may need a second job or something in the meantime, or to really dig deep for a joint sponsor.

Your overstay isn't an issue for AOS as the spouse (well, soon-to-be spouse) of a US citizen.

Thanks for the clarification, which is due to the fact that she is not making enough at her current position, even her most recent tax return from a job she did quit a month ago, does not matter. Looks like she did quit her job at such a bad time right before this public charge rule goes in effect. Anyway we better deal with the consequences whatever they may be.

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