aminaduwan

I was under the impression if I had my own funds I could financially sponsor myself and not have to have someone else to prove they have funds. So if I send in my account details with my husband having filled in the forms that is satisfactory? He doesn't have savings as currently studying but I can show them my bank accounts.

Noorah101

If you are talking about the I-864, then your impression is incorrect. Read the I-864 instructions and then come on back with any questions.

The USC fills out the I-864. As the foreign spouse, your legal income (if you have any) and savings can be used on the I-864, if need be.

Rene

ian-mstm

That was true for the I-134 in order to get the K-1 visa, but not to submit the I-864 when you adjust status.


If it's just the two of you, he must demonstrate income of $19,662 per year, or assets at 3x that amount = $58,986. If neither of you have that amount, then you will need a joint sponsor.

Ian

aminaduwan

Ok so he fills out the i1864form but includes my bank account forms.
I'm assuming that unless I have all the paperwork correct, I won't receive the permission needed to travel.

augigi

Well maybe i had a stupid day when I posted; apologies. How was I able to use my income to satisfy the household income requirement during AOS then? Am I just calling it the wrong thing?

Noorah101

Now I'm more confused. You're speaking now about AOS (adjustment of status) as if it's already happened. .. but since you are also asking about EAD and AP, I assume you have not yet filed the AOS package.

Did you use your own funds when you went to the K1 interview?If so, then you sort of "self sponsored", meaning you didn't submit an I-134 from the USC fiance. Do I have that correct?

That is OK for the K1 visa. But for AOS (which you're doing now), a different affidavit of support is required, and that's the I-864. The USC spouse MUST complete an I-864. If the USC doesn't have enough income (see form I-864P for minimum income required), then assets can be used if the value is 3x the amount lacking in income. Since you're now married, your assets are also his assets, so your savings can be used on his I-864, if it's enough.

If none of that is enough, then a joint sponsor will be needed.

It's hard to work in abstract. Maybe you can tell us what his income is per year, and how much you have in savings, and we can help you determine if it's enough, or if you'll need a joint sponsor.

Rene

aminaduwan

Sorry for the late reply.
So frustratingly I have 51,000 dollars in savings, although if I show statements from a few months ago I will have over the 58k required? I'm assuming they probably need more recent statements.
He only just started a part time job for 10 an hour, so I'm not sure his hours yet and how it stacks up if he has only literally just started the job.
Will all my paperwork need to be 100 percent correct before I receive the permission to travel?
In the k1 interview I actually had my mother in law do the I-134 form but that was just in case they didn't allow me to sponsor myself. I took them all my bank details etc and asked if I could sponsor myself and they said that's for when you adjust status for now all we need is the I-134.

Noorah101

So your USC husband is now working, making $10/hour? If the job is full time (40 hours a week), then that is an annual income of $20,800, which means he earns enough to complete an I-864. On top of that, you have over $50,000 in savings. I do not see a problem here.

Rene

Noorah101

Yes, you will need a complete AOS packaged filed in order to receive AP.

Rene

aminaduwan

He only works part time, I think 20 hours a week. So with that and my savings will that be good enough for them? So all the paperwork has to be perfect before they send me the ap.

Noorah101

Let's assume he works 20 hours a week at $10/hour. That comes to $10,400. He needs to earn $19,662 to qualify (assuming just 2 of you in the household). So he's lacking $9,262. Assets need to be 3x the amount lacking in income, so you need to show $27,786 in assets. If you have $50,000 cash in the bank, that's more than enough, so you should be fine.

Rene

ian-mstm

Yes, I agree! The math does seem to support this.

Ian

aminaduwan

Ok great thank u. Also I am filling out the form for advance parole but they ask quite a few questions. I just wanted to see how long I'm actually allowed to be out of the country for once assuming I have received this?

Thanks for all the help so far.

Noorah101

There is no time limit.

Rene

aminaduwan

Oh I always thought that there was a certain amount of time u aren't allowed out of the country for.