AOS and financial support

[Pete]

I would like to seek some advice from this board on a rather difficult situation that I'll be facing soon.

 

Here is some background. I'm a US citizen currently working overseas (not in China though) and I've also petitioned the K-1 visa for my fiancee. At this point we're still waiting for the interview with the US embassy in GZ China, but I don't expect any problem with the K-1 process at all.

 

What got me concerned is the AOS process right after our marriage.

 

(1) She can come and stay with me overseas, but I doubt the USCIS will be pleased to see that as they think she has no intention of being a US resident. But on the other hand, I cannot leave her in the US by herself most of the time since the USCIS will think we don't have a legitimate marriage. So this option wouldn't seem to work.

 

(2) Most likely I need to quit my job and move back to the states to start a new life, which I'm eagerly looking forward to. However, given the current economic climate, the job prospect is rather daunting, and it will most likely take a much longer time to land a new position. So my concern is how will the USCIS look at this if I have no income at the moment? Can one use assets to substitute for the income requirement, and if so, what's the guideline and how much would be considered as sufficient?

 

 

I would really appreciate any advice from this board.

 

 

TIA,

Pete

[dnoblett]

Too answer question Number 2,

 

You can us a Joint sponsor for adjustment of status.

 

AOS requires the I-864 affidavit of support, and you are required to provide 2 things for the I-864. (Past year's IRS return, and proof of US Domicile).

 

Assets are only counted as having 1/3 the value of income, so if income falls short of 125% poverty line by lets say $1000, you need to show $3000 in liquid assets to make up the difference.

 

For question 1

 

In theory your fiancee could travel to other foreign country and be wit you for up to 6 months after getting K-1 visa BEFORE traveling to the USA on the K-1, if she could get a visa to the other foreign country.

 

YES resident status is dependent upon actually being resident in the USA, periods out of country longer than 1 year but less than 2 need a re-entry permit, and USCIS can consider periods less than a year absent from the US as abandonment of LPR status.

[Randy W]

What this boils down to is that she does not need a US visa to live with you in another country.

 

With or without the US visa, she needs permission from that country (usually in the form of a visa) in order to travel there.

 

Some countries will allow LPR's to travel to their country with a green card.

[Pete]

>You can us a Joint sponsor for adjustment of status.

I realize this is an option but unfortunately it won't work for me

 

>Assets are only counted as having 1/3 the value of income ......

For a family of two, I believe the 125% figure is just under $18k. So is that true that you'll be ok if you have $54k ($18k *3) in your bank account? (assuming one have no income from job)

 

 

In general, how long will it usually take to have the AOS interview scheduled once you've sent in all the paperworks? Btw, I live in the east coast in NJ.

 

 

 

Too answer question Number 2,

 

You can us a Joint sponsor for adjustment of status.

 

AOS requires the I-864 affidavit of support, and you are required to provide 2 things for the I-864. (Past year's IRS return, and proof of US Domicile).

 

Assets are only counted as having 1/3 the value of income, so if income falls short of 125% poverty line by lets say $1000, you need to show $3000 in liquid assets to make up the difference.

 

For question 1

 

In theory your fiancee could travel to other foreign country and be wit you for up to 6 months after getting K-1 visa BEFORE traveling to the USA on the K-1, if she could get a visa to the other foreign country.

 

YES resident status is dependent upon actually being resident in the USA, periods out of country longer than 1 year but less than 2 need a re-entry permit, and USCIS can consider periods less than a year absent from the US as abandonment of LPR status.

[dnoblett]

>You can us a Joint sponsor for adjustment of status.

I realize this is an option but unfortunately it won't work for me

 

>Assets are only counted as having 1/3 the value of income ......

For a family of two, I believe the 125% figure is just under $18k. So is that true that you'll be ok if you have $54k ($18k *3) in your bank account? (assuming one have no income from job)

 

 

In general, how long will it usually take to have the AOS interview scheduled once you've sent in all the paperworks? Btw, I live in the east coast in NJ.

 

AOS processing has been taking anywhere from 4 months to a year or more. Many are approved without interview, ours happened in 4 months without interview.

 

You do need to file I-864 when filing the I-485 to adjust status.

 

Correct on assets $54k is sufficient asset, and actively looking for a job helps. Some hold on filing for AOS until after having favorable income picture for the I-864. You need to marry within the 90 days after entry on K-1, but many have filed a few months outside the 90 days without any problem.

Edited January 8, 2008 by dnoblett (see edit history)

[Pete]

Regarding option (1) above, I believe the whole point is to proof to the USCIS officer during the AOS interview that

 

a) you two have a legitimate marriage relationship by staying together

 

AND

 

she stays in the US for most of time to show her intention of becoming a permanent US resident. I realize you can apply for the advance parole (is that what it calls?) and leaves the US for certain time period, but it's probably not a good idea to overuse it.

 

 

 

What this boils down to is that she does not need a US visa to live with you in another country.

 

With or without the US visa, she needs permission from that country (usually in the form of a visa) in order to travel there.

 

Some countries will allow LPR's to travel to their country with a green card.

[dnoblett]

Regarding option (1) above, I believe the whole point is to proof to the USCIS officer during the AOS interview that

 

a) you two have a legitimate marriage relationship by staying together

 

AND

 

she stays in the US for most of time to show her intention of becoming a permanent US resident. I realize you can apply for the advance parole (is that what it calls?) and leaves the US for certain time period, but it's probably not a good idea to overuse it.

 

 

 

What this boils down to is that she does not need a US visa to live with you in another country.

 

With or without the US visa, she needs permission from that country (usually in the form of a visa) in order to travel there.

 

Some countries will allow LPR's to travel to their country with a green card.

B ) Correct.

 

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
   
  
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
   
  
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
   
  
• Fail to file income tax returns while living outside of the US for any period.
   
  
• Declare yourself a “nonimmigrant” on your tax returns.
  

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

This also has an effect on ability to naturalize and become US Citizen. (No periods outside USA longer than 6 months, and accumulate 18 months residency in 3 years)

Edited January 8, 2008 by dnoblett (see edit history)

[Pete]

>Many are approved without interview ......

Really!! So they just send you the green card in the mail? What seems to be the deciding factors for getting an interview request from USCIS or not??

 

>You do need to file I-864 when filing the I-485 to adjust status.

That's another big surprise to me. I always thought affidavit of support is a big deal for the AOS. So you're saying the USCIS is giving out green card without looking at your financial situation?! Sounds too good to be true

 

 

 

>You can us a Joint sponsor for adjustment of status.

I realize this is an option but unfortunately it won't work for me

 

>Assets are only counted as having 1/3 the value of income ......

For a family of two, I believe the 125% figure is just under $18k. So is that true that you'll be ok if you have $54k ($18k *3) in your bank account? (assuming one have no income from job)

 

 

In general, how long will it usually take to have the AOS interview scheduled once you've sent in all the paperworks? Btw, I live in the east coast in NJ.

 

AOS processing has been taking anywhere from 4 months to a year or more. Many are approved without interview, ours happened in 4 months without interview.

 

You do need to file I-864 when filing the I-485 to adjust status.

 

Correct on assets $54k is sufficient asset, and actively looking for a job helps. Some hold on filing for AOS until after having favorable income picture for the I-864. You need to marry within the 90 days after entry on K-1, but many have filed a few months outside the 90 days without any problem.

[dnoblett]

>Many are approved without interview ......

Really!! So they just send you the green card in the mail? What seems to be the deciding factors for getting an interview request from USCIS or not??

 

>You do need to file I-864 when filing the I-485 to adjust status.

That's another big surprise to me. I always thought affidavit of support is a big deal for the AOS. So you're saying the USCIS is giving out green card without looking at your financial situation?! Sounds too good to be true

There is no ryme or reason to what adjudicating officer at NBC and at CSC are looking for that makes them decide to approve without interview.

 

The financial evidence attached to the I-864 is assumed to be true and accurate by the signing of the I-864. I-864 is a binding document and attaching false evidence is punishable as perjury.

 

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Edited January 8, 2008 by dnoblett (see edit history)

[Pete]

>The financial evidence attached to the I-864 is assumed to be true and accurate by the signing of the I-864.....

 

So you still need to fill in I-864 and send that in with the rest of the paperworks for AOS.

 

Sorry for being confusing, from the last response you wrote, it sounds to me that you can actually skip sending in the I-864 all together. That's why I said it's hard to believe

 

 

Btw, how long can you hold out for applying for the AOS after the marriage?

 

 

 

>Many are approved without interview ......

Really!! So they just send you the green card in the mail? What seems to be the deciding factors for getting an interview request from USCIS or not??

 

>You do need to file I-864 when filing the I-485 to adjust status.

That's another big surprise to me. I always thought affidavit of support is a big deal for the AOS. So you're saying the USCIS is giving out green card without looking at your financial situation?! Sounds too good to be true

There is no ryme or reason to what adjudicating officer at NBC and at CSC are looking for that makes them decide to approve without interview.

 

The financial evidence attached to the I-864 is assumed to be true and accurate by the signing of the I-864. I-864 is a binding document and attaching false evidence is punishable as perjury.

 

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[dnoblett]

>The financial evidence attached to the I-864 is assumed to be true and accurate by the signing of the I-864.....

 

So you still need to fill in I-864 and send that in with the rest of the paperworks for AOS.

 

Sorry for being confusing, from the last response you wrote, it sounds to me that you can actually skip sending in the I-864 all together. That's why I said it's hard to believe

 

 

Btw, how long can you hold out for applying for the AOS after the marriage?

I have seen some hold up to a year, but I would not recommend this, keep in mind wife would be out of status after 90 days after entry on the K-1, unable to work, unable to get a driver's license in most states, unable to leave the country etc.. wife would need EAD, and can only get EAD when filing for AOS, and to travel abroad wife would need AP or green-card. AP can only be filed for with AOS or after AOS has been filed for.

[Randy W]

>The financial evidence attached to the I-864 is assumed to be true and accurate by the signing of the I-864.....

 

So you still need to fill in I-864 and send that in with the rest of the paperworks for AOS.

 

Sorry for being confusing, from the last response you wrote, it sounds to me that you can actually skip sending in the I-864 all together. That's why I said it's hard to believe

 

 

Btw, how long can you hold out for applying for the AOS after the marriage?

 

 

You can hold off the AOS long enough for them to deny it.

 

6 months to a year would be a very long time. You may want to look at your overall plan here.

 

What other country are you planning to live in, and why can't you wait to come to the US until you are ready to do so?

Edited January 8, 2008 by Randy W (see edit history)

[Pete]

I admit holding out for the AOS is not a very good idea unless you have a very reason for doing so. I ask that just out of curiosity

 

 

 

>The financial evidence attached to the I-864 is assumed to be true and accurate by the signing of the I-864.....

 

So you still need to fill in I-864 and send that in with the rest of the paperworks for AOS.

 

Sorry for being confusing, from the last response you wrote, it sounds to me that you can actually skip sending in the I-864 all together. That's why I said it's hard to believe

 

 

Btw, how long can you hold out for applying for the AOS after the marriage?

 

 

You can hold off the AOS long enough for them to deny it.

 

6 months to a year would be a very long time. You may want to look at your overall plan here.

 

What other country are you planning to live in, and why can't you wait to come to the US until you are ready to do so?