AOS question for F1 visa spouse

[ponyoponyo 0]

Hi, I recently married my spouse who I live with here in the US who has an F1 visa, from what I've read the process is fairly straightforward to get AOS but I have a few wrinkles:

 

1.  I'm currently unemployed since I lost my job late in 2022 and was looking to use assets instead.  I've looked into the 3x amount required for the affidavit of support when using assets, and I have far more than that, almost 10x the base amount.  I have a new job offer but won't be starting for another month or so.

2. Her F1 visa is expiring soon as she just graduated this month.  I understand there is some grace period here but wondering if there's any issues with this.

3. We don't have a huge amount of evidence, just a joint lease, her being the beneficiary on my retirement accounts, and a ton of pictures with each other's families.  No joint accounts or anything.

4.  We went on a trip abroad two months ago to her home country, so there is that "60 day" or "90 day rule" that some lawyers seem to insist on and I know others say is bogus, but I thought I'd mention it.

 

I signed up for Simple Citizen just to make it easier for me instead of needing to make the packet myself, but they're adamant that I should get a joint sponsor instead of using assets, since if I use assets there is a "very high likelihood of an RFE".  Is this true or a scare tactic?  I don't have anyone I'd really be able to ask to be a joint sponsor.

 

I had a further question, my spouse is eligible to file for OPT which should give her a year of being able to work in a field related to what she studied, would this impact our filing for AOS?  Can the two be done concurrently, so at least she can work on OPT while waiting for AOS?  She doesn't have an SSN currently, so if we apply for work authorization with the AOS packet and request an SSN through that, but she then gets one independently through her OPT app, would there be some duplication of efforts there and cause some kind of issue?

 

Thanks!

[Crazy Cat 39,191]

1.  I would find a joint sponsor.

2.  What kind of "grace period"?  I would certainly submit the I-130 and I-485 packages before losing legal status.  Once a peoper I-485 has been submitted, the applicant is granted authorized stay until the adjustment is either approved or denied.

3.  That seems to be a good start.

4.  There is no 30/60/90 rule.

 

[Boiler 43,397]

Definitely file for OPT, will be some time before an EAD will arrive.

[JeanneAdil 6,190]

What cash value of assets is needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size.

 

not 3 times

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.htmlhttps://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html

[ponyoponyo 0]

1 hour ago, JeanneAdil said:

What cash value of assets is needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size.

 

not 3 times

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.htmlhttps://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html

Per your link:

"Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income."

 

1 hour ago, Crazy Cat said:

1.  I would find a joint sponsor.

2.  What kind of "grace period"?  I would certainly submit the I-130 and I-485 packages before losing legal status.  Once a peoper I-485 has been submitted, the applicant is granted authorized stay until the adjustment is either approved or denied.

3.  That seems to be a good start.

4.  There is no 30/60/90 rule.

 

 

There's a 60 day grace period after finishing your studies in which you can remain in the US while you change your status and/or prepare to leave the US.  So you can stay and apply for OPT or AOS which is what we're doing.

 

Of course I'd like to have a joint sponsor but it isn't like I just have one available.  Why wouldn't assets be enough?  I've seen people say wildly different things on this topic but the official documentation doesn't say anything about assets being somehow less valid than income.  I'm open to this being the case but I'd like to hear why exactly.

[SalishSea 16,746]

59 minutes ago, ponyoponyo said:

Per your link:

"Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income."

 

 

There's a 60 day grace period after finishing your studies in which you can remain in the US while you change your status and/or prepare to leave the US.  So you can stay and apply for OPT or AOS which is what we're doing.

 

Of course I'd like to have a joint sponsor but it isn't like I just have one available.  Why wouldn't assets be enough?  I've seen people say wildly different things on this topic but the official documentation doesn't say anything about assets being somehow less valid than income.  I'm open to this being the case but I'd like to hear why exactly.

Depends on the assets.   If it’s a house where the immigrant is to live, then no.

 

Easier to just get a job or a joint sponsor.

[ponyoponyo 0]

Just now, SalishSea said:

Depends on the assets.   If it’s a house where the immigrant is to live, then no.

 

Easier to just get a job or a joint sponsor.

My assets are in cash or stocks/bonds and are more than 10x the income requirement, does that make a difference at all?

 

I'm currently in the background check phase of a job which I anticipate will start in a month or so.  But I'd prefer to file ASAP.  My only potential joint sponsor I'd feel comfortable asking made like $40k which includes social security retirement income last year.  I don't know if that, too, will cause a problem.

 

[SalishSea 16,746]

22 minutes ago, ponyoponyo said:

My assets are in cash or stocks/bonds and are more than 10x the income requirement, does that make a difference at all?

 

I'm currently in the background check phase of a job which I anticipate will start in a month or so.  But I'd prefer to file ASAP.  My only potential joint sponsor I'd feel comfortable asking made like $40k which includes social security retirement income last year.  I don't know if that, too, will cause a problem.

 

I believe easily liquidated/liquid assets are generally fine.   @pushbrk

[Boiler 43,397]

I know assets are allowed and I know they do not seem to like them. Why this discrepancy no idea.

[Mike E 11,722]

3 hours ago, ponyoponyo said:

4.  We went on a trip abroad two months ago to her home country

1. Did she enter the U.S. with intent to file I-485?

 

3 hours ago, ponyoponyo said:

1.  I'm currently unemployed since I lost my job late in 2022 and was looking to use assets instead.  I've looked into the 3x amount required for the affidavit of support when using assets, and I have far more than that, almost 10x the base amount.  I have a new job offer but won't be starting for another month or so.

Submit the asset based I-864.

 

Then after the job starts, send a new I-864 with your current income equal to the gross income you expect from that job, for the next 365 days, dating from the date you send the I-864.

 

[pushbrk 12,093]

2 hours ago, ponyoponyo said:

My assets are in cash or stocks/bonds and are more than 10x the income requirement, does that make a difference at all?

 

I'm currently in the background check phase of a job which I anticipate will start in a month or so.  But I'd prefer to file ASAP.  My only potential joint sponsor I'd feel comfortable asking made like $40k which includes social security retirement income last year.  I don't know if that, too, will cause a problem.

 

Then you are totally safe to state as little aa ZERO current income.  Of course fill in the tax section with the total income from each of te past three tax years and supply the full return or return transcript for 2022.  You'll then state and document your current liquid assets.

 

Expect a notice saying your INCOME doesn't qualify, and your MAY WANT to add a joint sponsor.  Ignore than message.  You are not qualifying based on income.  You're  qualifying based on liquid assets.  The Consular Officer will see that and accept it.

[Redro 4,587]

20 hours ago, ponyoponyo said:

Per your link:

"Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income."

 

 

There's a 60 day grace period after finishing your studies in which you can remain in the US while you change your status and/or prepare to leave the US.  So you can stay and apply for OPT or AOS which is what we're doing.

 

Of course I'd like to have a joint sponsor but it isn't like I just have one available.  Why wouldn't assets be enough?  I've seen people say wildly different things on this topic but the official documentation doesn't say anything about assets being somehow less valid than income.  I'm open to this being the case but I'd like to hear why exactly.

USCIS doesn't like assets even though they say you can use them to qualify. Consulates are a little more forgiving. I would go the route @Mike E suggested buuuuut you might want to consider applying 6 months or so into your spouse's OPT (they aren't by any chance in STEM are they?). This way you might get the GC after 2 years of marriage and skip the very expensive and drawn out ROC.