Married on ESTA + AOS

[Redro 4,602]

1 minute ago, E&G said:

Ok thanks.

But for a joint sponsor. Their assets need to be 3x the difference between income and requirements right? 

If using a joint sponsor. It is generally encouraged they make enough money and do not need to use assets. But, I’m sure assets can be used. 3X because you are a USC. 

[E&G 2]

So from the information that I'm getting is that I can file the AOS for my spouse now, and then if she gets denied, she can stay and we can try filing again. Is that correct?

 

Also, even if my current finances fall slightly under the requirements, I can still file now?

[E&G 2]

On 6/30/2023 at 9:05 AM, Redro said:

If using a joint sponsor. It is generally encouraged they make enough money and do not need to use assets. But, I’m sure assets can be used. 3X because you are a USC. 

Is it illegal to pay for someone sponsor us? Not saying we're going to, but just curious if that was legal or not. 

[Boiler 43,859]

If you have enough money to do that why not sponsor yourself?

[E&G 2]

6 minutes ago, Boiler said:

If you have enough money to do that why not sponsor yourself?

So from the information that I'm getting is that I can file the AOS for my spouse now, and then if she gets denied, she can stay and we can try filing again. Is that correct?

 

Also, even if my current finances fall slightly under the requirements, I can still file now?

[Lil bear 3,878]

6 minutes ago, E&G said:

So from the information that I'm getting is that I can file the AOS for my spouse now, and then if she gets denied, she can stay and we can try filing again. Is that correct?

 

Also, even if my current finances fall slightly under the requirements, I can still file now?

You can file now no matter what your financial position.  Will it be approved without your financial situation improving and/or having a qualified joint sponsor ? Probably not .. filing and approval are two different things   

[E&G 2]

2 minutes ago, Lil bear said:

You can file now no matter what your financial position.  Will it be approved without your financial situation improving and/or having a qualified joint sponsor ? Probably not .. filing and approval are two different things   

 

But if we get denied due to financial stuff. Can we refile right away with the new one (I'd have a job by then)? And would it take another 9 months or would it be sooner? 

[Lil bear 3,878]

19 minutes ago, E&G said:

 

But if we get denied due to financial stuff. Can we refile right away with the new one (I'd have a job by then)? And would it take another 9 months or would it be sooner? 

Yes and yes. The employment and travel documents issued for the first application are voided on denial of the underlying   petition so you are back  to the start all over again 

[E&G 2]

12 minutes ago, Lil bear said:

Yes and yes. The employment and travel documents issued for the first application are voided on denial of the underlying   petition so you are back  to the start all over again 

Is just using assets an automatic denial on the i-864? especially if we are just over the limit.

[Lil bear 3,878]

13 minutes ago, E&G said:

Is just using assets an automatic denial on the i-864? especially if we are just over the limit.

No one can tell you how USCIS will assess it. Total financial situation is assessed .. your situation looks not that strong as others have stated. 

[E&G 2]

43 minutes ago, Lil bear said:

No one can tell you how USCIS will assess it. Total financial situation is assessed .. your situation looks not that strong as others have stated. 

 

Is it illegal to pay someone to be your joint sponsor? I'm just curious.

[Boiler 43,859]

5 minutes ago, E&G said:

 

Is it illegal to pay someone to be your joint sponsor? I'm just curious.

I have not come across anything that says it is but would definitely take legal guidance

 

I have always thought of if as impractical 

[E&G 2]

25 minutes ago, Boiler said:

I have not come across anything that says it is but would definitely take legal guidance

 

I have always thought of if as impractical 

I'm curious, why would it be impractical vs someone I know (like my cousin)?

[Daphne . 1,710]

8 minutes ago, E&G said:

I'm curious, why would it be impractical vs someone I know (like my cousin)?

If you need to scramble so much to meet the requirements etc. wouldn’t it make more sense to abandon the idea of doing AOS and go the consular processing route instead? This way, the both of you can work and get a little more financial stability. 
I understand that the idea of having to be apart for longer is not ideal, but having a spouse that won’t be able to work or travel freely is going to be tough enough as it is (for your spouse that is)

[Boiler 43,859]

26 minutes ago, E&G said:

I'm curious, why would it be impractical vs someone I know (like my cousin)?

I am not sure how I would calculate the risk and the premium, I know it would be significant. A family member may have a better feel and is less likely to be fully aware of what they are agreeing to.