Questions regarding AOS as a B2

[Victorh151 0]

Hi everyone,
 

I'm currently in the US visiting my (now) fiancée and I have a few questions about adjusting status as a B2 visitor. I know there are a lot of similar posts, but I got a bit anxious and information is never enough! Before that, a little bit of context:

I entered the US on May 2nd to attend to my (then) girlfriend's graduation and help her move from Florida to Pennsylvania for her master's degree. In the meantime, her younger siblings came from Brazil to live with her to go through high school here and finally go to college in 2 years. They're all Americans. Right now we're in Pennsylvania and circumstances have changed: Partner proposed to me and asked me to stay since I'm helping so much with organizing the house and things in general, she knew it would be difficult to take care of two teenagers, but it would be impossible without me at this point. Back in Brazil I still maintain a registered individual business for video post production (which I pay monthly taxes for) and my bank account. I say this not because I intend to work while adjusting (I do not), but as evidence. I don't have a car or a house to my name since I lived with my parents and we shared a car. That is exactly the same information I gave the CPB Agent (except for the engagement which is of course new): I told him I was visiting my girlfriend, he saw my printed email with date and address for the commencement, my business papers and invoice for recent jobs, and my ticket back.
So, to the questions:

1. It's the most obvious one, but I'd like to get it out of the way: AOS is avaliable in our situation or will they red-flag us for something?
2. I've read countless people saying that the 90-day rule doesn't exist, but lawyers still say it's a thing to be considered. Should we wait the 90 days or marry whenever we see fit?
3. We will be needing a sponsor since she didn't make the required income for last year's tax return, but is making now (so I hope that's a win). What additional documents will our sponsor be filling?
4. About her siblings: they didn't live here last year, so they're not declared as dependents for last year's taxes, but they're of course part of the situation now. Someone said they didn't need to be brought up since the process takes the last taxes into account, but I feel like this is lying by omission and I will not risk our future together for some stupid reason. How are we addressing this situation in our Forms? Is it as simples as increasing the household number?
5. Our relationship goes back to high school, so besides photos, what other evidences can we produce while I'm here in a visitor visa? (I'm being added to the apartment lease at the moment.)
6. Is there anything else we should know before going on with the process? Any tips?

 

To anyone who takes a minute to help, thanks a lot for your patience and time. I'll update things/answer back as soon as I can.

[Mike E 11,727]

Assuming your fiancée is a U.S. citizen …

 

1. yes AOS is available.  There is no red flag. 

2. the 90 day rule does not exist and waiting to day 91 adds risk. It’s a bad idea to wait.  
3. if her current income is enough you don’t need a joint sponsor. However I-864 needs to be filled out correctly to avoid an RFE.  I’ve seen cases denied because the previous years taxable income was mistakenly listed as current income. 
4. She includes herself, her siblings, and you on i-864: 4 people. 
5. evidence like plane tickets, hotel receipts, passport stamps 

6. follow the visajourney guide for your situation.  

 

Edited May 31, 2022 by Mike E

[Victorh151 0]

12 hours ago, Mike E said:

Assuming your fiancée is a U.S. citizen …

Yes, fiancée is a U.S. Citizen, born here but lived part of her teenage years in Brazil, that's how we met.

 

Quote

3. if her current income is enough you don’t need a joint sponsor. However I-864 needs to be filled out correctly to avoid an RFE.  I’ve seen cases denied because the previous years taxable income was mistakenly listed as current income.

We were advised that Current Income is not enough since "there's no guarantee that she will be employed at any point in the future making the same amount" and that they consider the most is the last year's taxes. Is it true?
 

Thank you by the way. We'll take extra care when filling the I-864.

[Lil bear 3,862]

39 minutes ago, Victorh151 said:

Yes, fiancée is a U.S. Citizen, born here but lived part of her teenage years in Brazil, that's how we met.

 

We were advised that Current Income is not enough since "there's no guarantee that she will be employed at any point in the future making the same amount" and that they consider the most is the last year's taxes. Is it true?
 

Thank you by the way. We'll take extra care when filling the I-864.

Current income is declared at time of filing of the I864… and then confirmed by the IO at the interview. If she meets requirements now then just file her I864.. you may get an RFE for a joint sponsor .. or may be required to bring evidence of current income to the interview .. or not 

[Mike E 11,727]

Current income is Queen.  
 

I’m not sure who is advising you but they are wrong.  

[Chancy 6,233]

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