Proof of salary for AOS Affidavit of support

[tobe1424]

Hello all, I am writing a friend/s of mine that are in a little bit of a pickle. My friend(born and raise in the us) and his wife(Indian) - they are already married - are in the states.


She is currently in the states on an M(1) Visa (i could have heard wrong) She is in the process of applying for her adjustment of status; filling out the affidavit of support. Her husband didn't quite make the minimum salary requirements to 'support' her in his last few tax fillings(2014,15). However, now he has a job that surpasses the minimum requirements.

Will providing the current job situation details, salary, etc; overcome the fact that he didn't meet the requirements in the past ? I would think that his current job situation, although he hasn't made the money yet, will be good enough proof; if he shoes proof of employment and salary checks. Thanks in advance.

[newacct]

It's the current income that counts. He will need to provide pay stubs and employer letter to prove current income anyway regardless of how long he has worked there.

[tobe1424]

It's the current income that counts. He will need to provide pay stubs and employer letter to prove current income anyway regardless of how long he has worked there.

Your feedback is much appreaciated! With the help of this forum(no one else) I was able to straddle along and bring my fiancée who now has her green card; originally from the Netherlands.

Back on topic, I had a feeling all along the focus is mainly on the current situation but two immigration attorneys have dismissed my friends situation because of his past salary.

I said to them: that doesn't sound right, let's check on immihelp. So is the past tax work basically just a reference point for them to see if you are a 'decent' citizen who at least files and the current employment condition trumps all?

If so(which I know you already said so) this is fantastic news!

Best

Rob

[newacct]

Your feedback is much appreaciated! With the help of this forum(no one else) I was able to straddle along and bring my fiancée who now has her green card; originally from the Netherlands.

Back on topic, I had a feeling all along the focus is mainly on the current situation but two immigration attorneys have dismissed my friends situation because of his past salary.

I said to them: that doesn't sound right, let's check on immihelp. So is the past tax work basically just a reference point for them to see if you are a 'decent' citizen who at least files and the current employment condition trumps all?

If so(which I know you already said so) this is fantastic news!

Best

Rob

Well, current income is what primarily matters (and if there is not enough current income it definitely doesn't work even if there's lots of past income), but they also secondarily consider past income history too for seeing consistency in income, which can influence their decision of whether the immigrant will become a public charge. There have been some officers who have been known to reject current income that was barely enough but was from a very new job with no income from the past few years. You have a good shot, especially if you have a few months of pay stubs already, but be prepared in case they don't accept it.

[NettieL]

H.......... I would think that his current job situation, although he hasn't made the money yet,........

Submit all the proof of current income with the AOS application. It may be a better option to wait a few months with the application, if the job is fairly recent.

[tobe1424]

Well noted with thanks!

I guess there is no set path here but to provide the truth and current situation. Based on their past numbers and current situation - and your advise of course - I will tell them to proceed with the most information possible.

I was hesistant due to the attorneys remarks. But I suppose they can be wrong and/or the risk reward isn't there for them.

Thanks again.

Rob