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Sparkey

AOS Income Question

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Filed: K-1 Visa Country: Canada
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So here's the deal...

Due to Covid, my fiance was unemployed for awhile and his income for 2020 was only 22k. In mid July 2020 he started a new job making 27k but obviously he won't see a full years salary until the 2021 taxes. By then, our AOS would have already been sent. 

Anyways... his AGI for the AOS will be significantly below the requirement of 27k (about 10k below since he has a daughter). 

He has assets totalling only 20k. 

However, I am the Canadian spouse and I have savings over 120k. By adding these to the I-864, will we definitely be in the clear?

Co-sponsor is not an option. 

Edited by Sparkey
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Filed: AOS (apr) Country: Philippines
Timeline
9 minutes ago, Sparkey said:

So here's the deal...

Due to Covid, my fiance was unemployed for awhile and his income for 2020 was only 22k. In mid July 2020 he started a new job making 27k but obviously he won't see a full years salary until the 2021 taxes. By then, our AOS would have already been sent. 

Anyways... his AGI for the AOS will be significantly below the requirement of 27k (about 10k below since he has a daughter). 

He has assets totalling only 20k. 

However, I am the Canadian spouse and I have savings over 120k. By adding these to the I-864, will we definitely be in the clear?

Co-sponsor is not an option. 

Total current income is the standard that they look at,  not necessarily what your tax return says

YMMV

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
3 hours ago, Sparkey said:

So here's the deal...

Due to Covid, my fiance was unemployed for awhile and his income for 2020 was only 22k. In mid July 2020 he started a new job making 27k but obviously he won't see a full years salary until the 2021 taxes. By then, our AOS would have already been sent. 

Anyways... his AGI for the AOS will be significantly below the requirement of 27k (about 10k below since he has a daughter). 

He has assets totalling only 20k. 

However, I am the Canadian spouse and I have savings over 120k. By adding these to the I-864, will we definitely be in the clear?

Co-sponsor is not an option. 

Ya’ll assets are definitely sufficient. Just provide a lot of bank statements to show it.

 

Btw. Lol@ONLY! Most people don’t even have $5k in their savings.

Edited by Ife2020
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Filed: K-1 Visa Country: Canada
Timeline
2 minutes ago, Ife2020 said:

Ya’ll assets are definitely sufficient. Just provide a lot of bank statements to show it.

Thanks. We're worried cause all the assets are in Canadian funds but can easily be converted within a year since they are from a savings accounts.  

Plus someone told me that they assets need to me 10 times the requirement. Based on everything I read, they only need to be 3 or 5 times the difference. Then someone else told me that assets dont usually count.

But the fact of the matter is, my US fiance DOES have a job now. His income from 2020 was just really low due to being laid off. 

Edited by Sparkey
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