I-864: US wife has no assets
#1
Just Joined
Thread Starter
Joined: Aug 2007
Posts: 28
I-864: US wife has no assets
I'm in the US on a K-1 and have just got married, so I'm applying to adjust status.
My wife has absolutely no assets, but I have a fairly well paid job, a healthy bank balance and a house in London. Is this likely to cause any problems?
Also, I remember having to show copies of my bank statements at my visa interview in London. Do I have to go through the whole process again?
My wife has absolutely no assets, but I have a fairly well paid job, a healthy bank balance and a house in London. Is this likely to cause any problems?
Also, I remember having to show copies of my bank statements at my visa interview in London. Do I have to go through the whole process again?
#2
Re: I-864: US wife has no assets
I'm in the US on a K-1 and have just got married, so I'm applying to adjust status.
My wife has absolutely no assets, but I have a fairly well paid job, a healthy bank balance and a house in London. Is this likely to cause any problems?
Also, I remember having to show copies of my bank statements at my visa interview in London. Do I have to go through the whole process again?
My wife has absolutely no assets, but I have a fairly well paid job, a healthy bank balance and a house in London. Is this likely to cause any problems?
Also, I remember having to show copies of my bank statements at my visa interview in London. Do I have to go through the whole process again?
If you wish or you need to, you can use your savings and house in London as assets as well. The value of the assets need to be 3x the amount you would have needed in income. You will need to show proof of the value of your house (the amount you have in equity).
You may or may not need to do an I-864a, as a household member contributing income/assets to the I-864. Some officers want one, even if you're not "supposed to" need one.
You also may run the risk of the officer not allowing your income/assets to be used, even though you're "supposed to" be able to use them. In that case, have a joint sponsor lined up. You will be notified at the AOS interview whether your income/assets are allowed, or whether you'll need a joint sponsor.
Rene
#3
Re: I-864: US wife has no assets
I know you didn't ask about this, but just to let you know, you might experience a gap in your work authorization. I assume you came through JFK and got the temp EAD stamp? That's only good until 90 days after your entry.
After you file the I-765 as part of your AOS package, it takes about 90 days to get the 1-year EAD in hand. If you experience a gap between the temp EAD expiration date, and the date you get your 1-year EAD in hand, you'll be unauthorized to work during that time. Whether your employer keeps you on during that time, is up to the employer.
Oh, and you won't need to show YOUR bank statements anymore, no.
Rene
After you file the I-765 as part of your AOS package, it takes about 90 days to get the 1-year EAD in hand. If you experience a gap between the temp EAD expiration date, and the date you get your 1-year EAD in hand, you'll be unauthorized to work during that time. Whether your employer keeps you on during that time, is up to the employer.
Oh, and you won't need to show YOUR bank statements anymore, no.
Rene
#4
Just Joined
Thread Starter
Joined: Aug 2007
Posts: 28
Re: I-864: US wife has no assets
Thank you very much.
One additional question: I'm self-employed, and all my income comes from clients in the UK. Do I still need an EAD?
One additional question: I'm self-employed, and all my income comes from clients in the UK. Do I still need an EAD?
Last edited by PhilG; Oct 31st 2008 at 12:05 am.
#5
#6
Re: I-864: US wife has no assets
Also, in my opinion, this makes it more likely for your income not to be acceptable on your wife's I-864. You should look into either using assets or a joint sponsor.
Rene
#7
Account Closed
Joined: Mar 2004
Posts: 2
Re: I-864: US wife has no assets
or send her out to work.
They prefer the USC to have the income.
They prefer the USC to have the income.
#8
Re: I-864: US wife has no assets
I know you didn't ask about this, but just to let you know, you might experience a gap in your work authorization. I assume you came through JFK and got the temp EAD stamp? That's only good until 90 days after your entry.
After you file the I-765 as part of your AOS package, it takes about 90 days to get the 1-year EAD in hand. If you experience a gap between the temp EAD expiration date, and the date you get your 1-year EAD in hand, you'll be unauthorized to work during that time. Whether your employer keeps you on during that time, is up to the employer.
Oh, and you won't need to show YOUR bank statements anymore, no.
Rene
After you file the I-765 as part of your AOS package, it takes about 90 days to get the 1-year EAD in hand. If you experience a gap between the temp EAD expiration date, and the date you get your 1-year EAD in hand, you'll be unauthorized to work during that time. Whether your employer keeps you on during that time, is up to the employer.
Oh, and you won't need to show YOUR bank statements anymore, no.
Rene
#9
Re: I-864: US wife has no assets
My husband got his temporary EAD at JFK. We have filed for AOS and he has started to work here. My attorney said that it's still legal for him to work even after his temporay EAD has expired since we got married and filed within 90 days of his arriving on his K1 Is that not true? I don't want either of us to get in trouble. His temporary expires in December
I know of one person who was working after the temp EAD expired. He went in to get his biometrics done for the 1-year EAD. They happen to ask over there if he's working. Not wanting to lie, he said yes. They called his employer right then and there and notified the employer that this guy is not work authorized. The employer had to lay him off until the 1-year EAD came through. That's the only time I've ever heard of a problem, this was back in about 2005 in Fargo ND.
Rene
#10
Re: I-864: US wife has no assets
I think I'll call USCIS as well and see wht they say. Thanks again
#11
Forum Regular
Joined: Mar 2008
Posts: 107
Re: I-864: US wife has no assets
I dont claim to know anything about this particularly but I thought you had to stop working once you apply for the AOS, thats why people cant work for a few months. Is he saying that everyone who entered on a K1 and has a temp EAD can now work?
#12
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: I-864: US wife has no assets
Ian
#13
Forum Regular
Joined: Mar 2008
Posts: 107
Re: I-864: US wife has no assets
Ok thanks for clearing that up Ian
#14
Re: I-864: US wife has no assets
Rene
#15
Re: I-864: US wife has no assets
the revised definition of “household income” now makes it clear that income from an intending immigrant’s unauthorized employment may not be considered in determining whether the sponsor’s anticipated household income meets the applicable Poverty Guidelines threshold.
Quoted post
Actually that thread is interesting.