Affidavit of Support question. Desperate and scared.

[LostInUSA 0]

HI there.

I've been here since 2018.
I've only now got around to filing my AoS due to the money for the application being withheld from me by his family that I live with, and them trying to push me to go back to my home country.
Long story there (I've been used as a cleaner, nanny, house maintenance... Cinderella etc.. I'm pretty sure they just hate me because I'm trying to better myself now) and I'm now in the process of being made homeless (they kicked my husband out in the middle of 2020).
But... I'm on it, have the $ now, and I'm having concerns about my application.

My husband was out of work during covid and is currently working 'under the table' since around the middle of last year. It was the only job he could find. Before that, he lived on the government checks and unemployment for a while. 

I"m desperate to get out to work, drive, and live my life and not in this hell hole I'm currently living in. I want to make a better place for us and expand our income t better our lives.
Does anyone have any help or advice I can use with this, please?

Thank you so much.

[powerpuff 5,889]

Your US citizen spouse is your primary financial sponsor. He needs to show that he has income to support the intending immigrant (you) at 125% of the Federal poverty guidelines (https://www.uscis.gov/i-864p) Usually, they want to see that he’s making above that (because it’s a really low number) so keep that in mind. He needs to have official income, under the table stuff will not work (anyway he’s supposed to be reporting that income when he filed taxes this year).
 

You can have a joint sponsor who will agree to provide an affidavit of support (Form I-864) and supporting financial evidence. Your husband will also have to fill out and provide I-864 regardless of his income. You husband also needs to have filed taxes for the last 3 years (they ask on the form) and they require to send tax transcripts for the most recent year (2021), even if it’s below the 125% of poverty guidelines. 
 

 

Edited April 25, 2022 by powerpuff

[LostInUSA 0]

6 minutes ago, powerpuff said:

Your US citizen spouse is your primary financial sponsor. He needs to show that he has income to supper the intending immigrant (you) at 125% of the Federal poverty guidelines (https://www.uscis.gov/i-864p) Usually, they want to see that he’s making above that (because it’s a really low number) so keep that in mind. He needs to have official income, under the table stuff will not work. 
 

You can have a joint sponsor who will agree to provide an affidavit of support (Form I-864) and supporting financial evidence. You husband still needs to have filed taxes for the last 3 years (they ask on the form) and they require to send tax transcripts for the most recent year (2021), even if it’s below the 125% of poverty guidelines. 
 

 

Thank you for this.
I don't think I'll be able to get a joint sponsor. This family thing is a whole mess and is another reason why I want to desperately get this done sooner rather than later so I can support myself. 
It's a headache, for sure.

[mytruelove18 607]

2 hours ago, LostInUSA said:

HI there.

I've been here since 2018.
I've only now got around to filing my AoS due to the money for the application being withheld from me by his family that I live with, and them trying to push me to go back to my home country.
Long story there (I've been used as a cleaner, nanny, house maintenance... Cinderella etc.. I'm pretty sure they just hate me because I'm trying to better myself now) and I'm now in the process of being made homeless (they kicked my husband out in the middle of 2020).
But... I'm on it, have the $ now, and I'm having concerns about my application.

My husband was out of work during covid and is currently working 'under the table' since around the middle of last year. It was the only job he could find. Before that, he lived on the government checks and unemployment for a while. 

I"m desperate to get out to work, drive, and live my life and not in this hell hole I'm currently living in. I want to make a better place for us and expand our income t better our lives.
Does anyone have any help or advice I can use with this, please?

Thank you so much.

Sorry for your situation. How old is your husband that is living with family?

it is supose if you came in a k1 visa back then he needed show affidavit at the consulate stage to soonsor you.

sorry that i ask this: what kind of man is he that sll those years he didnt help you to aos? , why he gave the money to his family instead of help you , your wife?

is his family more important than you?

If you are living with his family then you dont have a big rent payment, so why not save money and send aos package Before?

Edited April 25, 2022 by mytruelove18

[Rocio0010 5,562]

First, as @powerpuff has said, your husband, even if he's below the poverty guidelines, is still your main sponsor. Informal unemployment does not count towards it, but he still needs to report in his tax return.

You need to get a joint sponsor. There is no other way around it. If you don't, your case will be denied and you will still be out of status. 

You want to get on to this quickly. Even though overstays and unauthorized work is forgiven for spouses of USC, there is a small, but possible, chance of being detained by ICE. I'll kindly let @Mike E to link a post what happened to an OP that was apprehended during a traffic accident. (Thanks, Mike E, I promise I will save it when you post it!)

[Crazy Cat 39,212]

3 hours ago, LostInUSA said:

Does anyone have any help or advice I can use with this, please?

My advice is to find a joint sponsor and borrow the money to get your I-485 package filed ASAP.  Currently, you are subject to detention and removal.  Once a proper I-485 is filed,  you will be granted authorized stay in the US until the application is either approved or denied.  

 

Edited April 25, 2022 by Crazy Cat

[Mike E 11,723]

56 minutes ago, Rocio0010 said:

First, as @powerpuff has said, your husband, even if he's below the poverty guidelines, is still your main sponsor. Informal unemployment does not count towards it, but he still needs to report in his tax return.

You need to get a joint sponsor. There is no other way around it. If you don't, your case will be denied and you will still be out of status. 

You want to get on to this quickly. Even though overstays and unauthorized work is forgiven for spouses of USC, there is a small, but possible, chance of being detained by ICE. I'll kindly let @Mike E to link a post what happened to an OP that was apprehended during a traffic accident. (Thanks, Mike E, I promise I will save it when you post it!)

 

[LostInUSA 0]

4 hours ago, mytruelove18 said:

Sorry for your situation. How old is your husband that is living with family?

it is supose if you came in a k1 visa back then he needed show affidavit at the consulate stage to soonsor you.

sorry that i ask this: what kind of man is he that sll those years he didnt help you to aos? , why he gave the money to his family instead of help you , your wife?

is his family more important than you?

If you are living with his family then you dont have a big rent payment, so why not save money and send aos package Before?

It's a whole situation. Thank you though.

My husband is 36. He had a pretty good job at the time of filing for the K1. He got fired feb 2020 because he got sick and called out for a few weeks. Turns out it was covid at the time. Previous debts and medical bills (he's a type 1 diabetic) have been swallowing his money as well as providing food and rent here. he gave the money to his family so it didn't get spent on other things.
His family are awful for pressure and threats. Where they have provided a roof over my head for me, the entitlement, priorities, morals, hypocrisy, and narcissism is gross.
I don't have an income to save anything. I've been earning my 'keep' by basically being Mary Poppins.

[LostInUSA 0]

4 hours ago, Rocio0010 said:

First, as @powerpuff has said, your husband, even if he's below the poverty guidelines, is still your main sponsor. Informal unemployment does not count towards it, but he still needs to report in his tax return.

You need to get a joint sponsor. There is no other way around it. If you don't, your case will be denied and you will still be out of status. 

You want to get on to this quickly. Even though overstays and unauthorized work is forgiven for spouses of USC, there is a small, but possible, chance of being detained by ICE. I'll kindly let @Mike E to link a post what happened to an OP that was apprehended during a traffic accident. (Thanks, Mike E, I promise I will save it when you post it!)

He's done his tax returns, as far as I know. I don't even know where to start with a joint sponsor or who would do it due to his family being how they are as people.

[LostInUSA 0]

3 hours ago, Mike E said:

 

Well, I'm even more terrified now. I've never done anything wrong ever and none of what is happening is my fault. I'm so scared to the point where I'm not eating (lost 20lb+ in a month), not sleeping, I have panic attacks...
I'm a mess and I don't know what I can do.

[Rocio0010 5,562]

4 minutes ago, LostInUSA said:

I'm a mess and I don't know what I can do

Tell your husband to quit that job and apply for a formal job (not under the table). The poverty guideline for a household of 2 is around $23k a year, which is nothing. Shouldn't be hard to get a formal job.

[LostInUSA 0]

1 minute ago, Rocio0010 said:

Tell your husband to quit that job and apply for a formal job (not under the table). The poverty guideline for a household of 2 is around $23k a year, which is nothing. Shouldn't be hard to get a formal job.

I tried that last night. He didn't sound happy about it as the pay is not bad for him.
I'm going to talk to him again tonight and show him the responses to this post.

Thank you all for your help and advice so far. I really, REALLY appreciate it.

[Rocio0010 5,562]

Just now, LostInUSA said:

He didn't sound happy about it as the pay is not bad for him.

Well, his other choice is for you to get denied and be separated. So if you present him with choices it should make it easier 

[*Snowdrop* 603]

Joint sponsor doesn't have to be family. Do you or your husband have any good friends who might be willing to help? It's a big ask but if you can't ask family.

[LostInUSA 0]

16 minutes ago, *Snowdrop* said:

Joint sponsor doesn't have to be family. Do you or your husband have any good friends who might be willing to help? It's a big ask but if you can't ask family.

I didn't know that someone other than family could do it. I'll pass the suggestion on and see if that opens up any options. Thank you.