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Filed: K-1 Visa Country: Madagascar
Timeline

What happens if the sponsor gets laid off right before filing the i864? The sponsor currently has little savings, no property, and is receiving only unemployment (current income is below the poverty line).  However, the sponsor has an excellent income history and a lot of available credit.  Can the beneficiary be forced to return because the sponsor is laid off?

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If they are laid off before filing the I-864 (and without satisfactory assets, as appears to be the case here), they should find a joint sponsor. A requirement of the I-864 is a sponsor that earns at least 125% of the FPL (or 3x that amount of using assets as the spouse of a USC)...a work history is not current income and therefore cannot satisfy the I-864 requirements. Credit is not a consideration for a sponsor of the I-864.

 

A beneficiary of a famiily-based petition that lacks a qualified sponsor would be unable to adjust status.

Filing the I-485 packet without a suitable I-864 is risky as they may deny the application outright (no RFE). They also may issue an RFE...no way to know beforehand, but there is a nontrivial risk of denial in doing so.

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

 

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Filed: AOS (apr) Country: Canada
Timeline
3 hours ago, geowrian said:

If they are laid off before filing the I-864 (and without satisfactory assets, as appears to be the case here), they should find a joint sponsor. A requirement of the I-864 is a sponsor that earns at least 125% of the FPL (or 3x that amount of using assets as the spouse of a USC)...a work history is not current income and therefore cannot satisfy the I-864 requirements. Credit is not a consideration for a sponsor of the I-864.

 

A beneficiary of a famiily-based petition that lacks a qualified sponsor would be unable to adjust status.

Filing the I-485 packet without a suitable I-864 is risky as they may deny the application outright (no RFE). They also may issue an RFE...no way to know beforehand, but there is a nontrivial risk of denial in doing so.

i think i saw someone on here just recently file AOS without the 864 and it was denied. no RFE.

 

find a co sponsor.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to AOS from K1/K3, from Finding Work in America - the topic is about the AOS process.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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