Jack Jaff

I was in US legally for 3 years as M-1 student (came in May 1996). During 3rd year I applied for Change Of Status to R-1 Religious Worker. Meanwhile my M-1 and 1-94 expired. I was denied change of status, told I could appeal, I appealed, and then was told that actually I coudn't appeal. By this time (May 2000) my 1-94 had been expired for a year. I have been in the US ever since (out of status just over 5 years).

Now my USC girlfriend and I want to get married. Is it possible that I can become legal through marriage even though I've been here so long and was denied a change of status before? Also, my girlfriend was married before in the UK and got UK citizenship also.

Thanks for any advice...


Jack

ian-mstm

Yes, overstays are generally forgiven for the spouse of a USC. Your earlier attempt to change your status should not be an issue.


This is irrelevant.

Ian

Jack Jaff

Thanks Ian for your fast reply!

In the time I've been in the US I've become an ordained Minister and have been with my church in that function. They have provided me room and board during my stay in the US - I had no income. Does any of this matter to the INS?

Noorah101

No...it will be up to your USC wife to show she can sponsor you. Your income will not be a factor.

Rene

Jack Jaff

My girlfriend has earned much less than the poverty line $16000. We are both a part of our church community, and basically receive just room and board and a little stipend.

I do have a friend though who could joint-sponsor us who earns enough.

My question is... should my girlfriend get a real job and have a taxable income even though a joint-sponsor offered to take care of all of the $16000?

And if so, how much income do you think my girlfriend would need to please the USCIS?

cindyabs

That is a question only you can answer-me personally, I would get a job that paid enough not to need a cosponsor-two jobs if need be. BUT that's me.

You've answered your own question about how much income your girlfriend needs to show-if there's just two of you-16,000.

meauxna

Here's one FAQ page you should read; while it's on State's pages, the info still applies to I-864 for AOS.

http://travel.state.gov/visa/immigra...fo_1328.html#3
"Can free housing be counted as income?

Yes. Sponsors who receive housing and other benefits in place of salary may count those benefits as income. The sponsor may count income that is not subject to taxation (such as housing allowance), as well as taxable income. The sponsor would have to prove the nature and amount of any income that is not included as wages or salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form (such as Box 13 for military allowances), Form 1099 or other documents that show the claimed income.

Can applicant's ongoing income be counted?

Under certain circumstances, yes. The applicant must have lived in the sponsor's household for six months before the completion of the Affidavit of Support. The applicant must show that the income will continue after he/she takes up residence in the United States"

Jack Jaff

I agree with you, Cindyabs. I'd rather not have to joint-sponsor.

So, if my girlfriend worked for say, 3 months, in a job that eaned $350 per week (that would put her over the $16000 mark) would that be sufficient to prove we can support ourselves? Or does she have to have worked for a year before we apply?

Thanks all for your help! - we really don't want to mess up our application, and I'm pretty sure we can't afford a lawyer.

Noorah101

My opinion is, have a joint sponsor lined up and ready to go just in case. Has your girlfriend worked during the past 3 years at all, or would this be her first job? Has she filed taxes for the past 3 years, or none at all? USCIS looks at the big picture when it comes to the Affidavit of Support. My opinion is that if this is her first job, she never filed taxes, and she's only been working 3 months, it might not be enough for USCIS, and they'll require a joint sponsor. However, if she worked the previous year or two, even if it was under the poverty guideline, she filed taxes for all 3 years, you might be closer to being accepted on your own.

Have the joint sponsor lined up just in case.

Best Wishes,
Rene

ian-mstm

She will need to demonstrate earnings at or over $16,038 or the equivalent in assets valued at a 5:1 ratio... that is, $5 worth of assets = $1 of income. Regardless, she will be required to submit tax returns for the previous 3 years. If, for some reason, she was not required to file, then she will need to explain why. It may be a good idea to have a joint-sponsor lined up just in case.

Ian

Cisdelay

First go look in here:
http://uscis.gov/graphics/formsfee/forms/i-864P.htm

Your wife needs to make: $16,037
I advice you need a co-sponsor; Please notice that a co-sponsor is
responsible if you will ever be deported to pay for your tickets, or if
you ever seek welfare that your sponsor will also pay for it including
food stamps.

You can go to the next route, get your work permit, and get a paying
job; Really making $16,037 with your experience should not be too much,
and you can be a co-sponsor; in other words, you will be filling I-864A
and your wife will fill: I-864 even if she doesn't have a job, and both
of you will be sufficient to sponsor your self. 1-year joint tax return
between you and your wife is often sufficient to CIS. CIS is not very
strict as long as you show one good year and current paystubs at the
interview. "Note: Paychecks at the joint interview are very important
in your case"
You do not need a lawyer
Plus, you can go ahead and submit your application if you are fairly
close to resolve the co-sponsor matter, also CIS could deny your
application if it takes such a long time to prove sponsorship after you
send your application.

Good Luck


--
cisdelay


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Noorah101

I just wanted to point out that's not always the case. I know a USC who did not qualify to sponsor on her own. She got a joint sponsor and she and her alien husband filed the AOS. Eight months later, they had their intreview and tried to release the joint sponsor. The alien spouse had been working 8 months and living in the household for 10 months. The USC wife does not work but receives money from other sources. The USC wife had not filed tax returns for the previous 3 years, but she and her husband filed a joint return for 2004, which they brought to the interview. Together they earn over the minimum for their household size.

The Officer refused to release the joint sponsor on the grounds that their work history was not long enough, and they were missing 2 of the 3 years required tax returns.

So make sure your joint sponsor is willing to continue, even if later you get a job and earn enough. It's up to the Officer to look at the history, and make the decision.

Best Wishes,
Rene

Noorah101

I don't think they should submit the AOS paperwork until they have the joint sponsor's I-864 and backup info to include (if they choose to use a joint sponsor). I personally would not send out a package that is likely to come back asking for more information.

Rene