My questions concerns Affidavit of Support. Say a couple met while
they were studying. One is USC and one is from abroad. They decided to
marry while studying. Both of them graduated and started to work.
(Student visa F-1 allows for 1 year of work after graduation) then
they decided – the hell with it - let's apply for PR for the spouse
from abroad. USC spouse did not work before – no w2 (no history of
income then) and no sponsor as well. Anybody got an idea got to handle
the AOS thing ? Are they eligible for K1 visa ? Maybe some other
adjustment of status for F-1 comes into play for spouse from abroad?
thanx
Marcin

marcin wrote: My questions concerns Affidavit of Support. Say a couple met while they were studying. One is USC and one is from abroad. They decided to marry while studying. Both of them graduated and started to work. (Student visa F-1 allows for 1 year of work after graduation) then they decided – the hell with it - let's apply for PR for the spouse from abroad. USC spouse did not work before – no w2 (no history of income then) and no sponsor as well. Anybody got an idea got to handle the AOS thing ? Are they eligible for K1 visa ? Maybe some other adjustment of status for F-1 comes into play for spouse from abroad? thanx Marcin

A K-1 isn't needed. Normally this couple would file I-130/I-485 for
adjustment of status. Adjustment of Status (file I-130/I-485 and other
documents) will require either meeting the income requirements or
finding a sponsor who does meet the requirement. If you live together
for 6 month or more, I believe the immigrant's income can be counted...

Technically the income requirement is for the current income and USCIS's
belief that it will continue (hence the multi year tax records). You
might be safer with a sponsor, then with new job income. Do you have any
assets? Assets can be used at 20 percent of value to offset income.
For instance, if the available amount of the asset is $10000, it could
be used to offset $2000 of the income requirement. FWIW, the income
requirement for a family of 2 is just over 15000 per year in most states.

Hi,
Thanx for the answer !
A K-1 isn't needed. Normally this couple would file I-130/I-485 for adjustment of status.

Well, ok but let?s talk about the timeline here. [I already have my
SS# since I used to work in States while I was a student-J-1 ? so I
shall consider myself a lacky lad :-)]The thing with filing
I-130/I-485 ? what?s the difference between those two forms ? Will it
take longer than the K1 process? I assume it shall not since we
exclude the part with spouse interview in the home country am I right
? I mean here that after graduation spouse from abroad will have one
year only (precisely 9 months - 3 month summer break period is
included). Will it be enough until (s)he gets their EAD ? I understand
they shall apply for adjustment of status shortly after marriage since
spouse from abroad does not want to run out of F-1 visa period rite ?

How about the rejection rate. Is K1 safer with respect to the process
you suggested. ?

Adjustment of Status (file I-130/I-485 and other documents) will require either meeting the income requirements or finding a sponsor who does meet the requirement. If you live together for 6 month or more, I believe the immigrant's income can be counted...

If spouse from abroad earned that income in states it shall count
towards AOS.

Technically the income requirement is for the current income and USCIS's belief that it will continue (hence the multi year tax records). Youmight be safer with a sponsor, then with new job income.

I agree ? does it have to be somebody from the family or any person
they find, who will be willing to sponsor spouse from abroad ?

many thanx
Marcin

Originally posted by Marcin
My questions concerns Affidavit of Support. Say a couple met while
they were studying. One is USC and one is from abroad. They decided to
marry while studying. Both of them graduated and started to work.
(Student visa F-1 allows for 1 year of work after graduation) then
they decided – the hell with it - let's apply for PR for the spouse
from abroad. USC spouse did not work before – no w2 (no history of
income then) and no sponsor as well. Anybody got an idea got to handle
the AOS thing ? Are they eligible for K1 visa ? Maybe some other
adjustment of status for F-1 comes into play for spouse from abroad?
thanx
Marcin



Hi:



If they marry in the US, then K-1 is not available. If they want to
marry in the US, K-1 is not available.



But in the fact situation you posit -- been there, done that.



The problem arises from the fact that people conflate the 125% income
requirement [assuming asset test is not used] and the requirement to
present the last three tax returns filed.



They are two SEPARATE requriements. ILO of tax returns, you can show a
legal reason for non-filing. A non-working student is jsut fine.



On the 125% income level -- you just have to show PRESENT income.



I've had several cases where two students got married right after
graduation. By time of interview, no tax returns had yet to be filed --
but we showed job letter, job contract [when available] and pay stubs --
no problem.


--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization


Posted via http://britishexpats.com

> I've had several cases where two students got married right after graduation. By time of interview, no tax returns had yet to be filed -- but we showed job letter, job contract [when available] and pay stubs -- no problem.

thanx - that shed a lot of light on the problem - now it is clear.
Next problem may arise when they file the petition for status
adjustment, the machine will start and the spouse from abroad will
have problems finding a job. Nowadays in USA international students
find it dificult to get a decent job. I had a few friends who
graduated from University o Michigan, University of Virginia (Darden
School of Business) and Columbia- only one guy found a job within 6
months after the graduation. Is it the case that USC spouse's
paperwork with respect to income documents suffice ?

Marcin

Originally posted by Marcin

I've had several cases where two students got married right after
graduation. By time of interview, no tax returns had yet to be filed --
but we showed job letter, job contract [when available] and pay stubs --
no problem.

thanx - that shed a lot of light on the problem - now it is clear.
Next problem may arise when they file the petition for status
adjustment, the machine will start and the spouse from abroad will
have problems finding a job. Nowadays in USA international students
find it dificult to get a decent job. I had a few friends who
graduated from University o Michigan, University of Virginia (Darden
School of Business) and Columbia- only one guy found a job within 6
months after the graduation. Is it the case that USC spouse's
paperwork with respect to income documents suffice ?

Marcin



Hi:



Please read the procedures on various FAQ's on marriage ADJUSTMENTS. Go
to the USCIS web site and use the index for "Adjustment of Status" and
NOT the one for "Marriage." [I found out about that little index quik a
few days back].



The US spouse is the one who has to file an affidavit of support. It is
the US Spouse's income that is looked to first. If it is sufficient --
fine and good. BTW, this examination is made at time of interview.



Forget the "international student" number upon graduation other than
they will have "OPT" work authorization. However, ANY adjustment
applicant can get BCIS work authorization based upon the adjustment --
and, but for time, this is an unlimited authorization -- unlike OPT, it
is not limited in occupation.


--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization


Posted via http://britishexpats.com