AOS for F1 Student

[immquestion]

Hi

My spouse is here on F1 visa and he worked on campus for 2018 and 2019. I was not working for 2018 and 2019.

My Spouse(beneficiary) income for 2018 and 2019 was $16,000 and $24,000. and out 2020 income will be more than $35,000, as my spouse have earned $21,000 so far and I have got the job as well.

My spouse is doing PhD and I am currently working as medical scribe. can we go ahead an file with out the co-sponsor, please.

[verbose]

Can you add additional assets?
Its cutting a bit close to the income levels expected so if I had the option to get a sponsor I’d take it. If not, then I’d try to supplement with additional assets (remember they have to be liquid enough that they can be converted to cash within one year, and cannot be recent deposits into your bank accounts for example (will need 12 months of statements, for example)

you should include income verification from both your employers listing the annual income you expect for 2020.

Do look at these tables and calculate what 125% of poverty level works out for your household size (I assumed 2 based on your comments, but it could be higher if there are kids, and any others you are claiming as dependents etc.)

https://aspe.hhs.gov/poverty-guidelines

[verbose]

Age works in your favor, but remember you’ll need to show health insurance coverage or ability to get coverage (your husband should have from his school I’m guessing) so the deductible for the same would also be a factor considered.

[immquestion]

We don't have any cosponsor, other wise we would have filed this in 2018. we have $18,000 in out joint account.

[immquestion]

Age works in your favor, but remember you’ll need to show health insurance coverage or ability to get coverage (your husband should have from his school I’m guessing) so the deductible for the same would also be a factor considered.

Yes my spouse have private health insurance from the University. and he is teaching at the University too as a part time.

[verbose]

Actually, I think $35000 income should suffice for a 2 person household as it comfortably exceeds the 125% threshold.
The savings account also helps.

[verbose]

Oh, and having and working towards an advanced degree would also be a positive factor for beneficiary. Do make sure to submit evidence of educational credentials - I posted a link to a guide for I-944 on one of the threads which is very helpful.

[immquestion]

can you please post it again here thanks.

Out income on Joint tax returns is $24,000 for 2019 and will be more than $35,000 for 2020. what do you suggest should we wait for the next year and file after filing the next year tax returns. or we can get the pay stabs for current year and letter from employer and file

[verbose]

can you please post it again here thanks.

Out income on Joint tax returns is $24,000 for 2019 and will be more than $35,000 for 2020. what do you suggest should we wait for the next year and file after filing the next year tax returns. or we can get the pay stabs for current year and letter from employer and file

Here is the link: https://www.ilrc.org/sites/default/f...4_may_2020.pdf

To me, your household income and assets and other factors (working age, married status, advanced degree, health insurance and (assuming) clean record and no use of any public benefits) look positive and meet the criteria for approval.

Perhaps some of the more experienced members on immihelp would have more insight for you (I am paging newacct in the hope that they might have some helpful information for you)

Ultimately, this is a personal and important decision which I suggest you should make after reading all the form instructions and needs for documentation and also the experiences on this website and others.

All the best for your decision!

[immquestion]

Thanks @verbose
we had applied for some state benefits in 2018 and dropped in March 2019. and my spouse credit score is above 752. already have MA degree from USA and working on campus as a Teaching assistant, Research assistant and Part time teacher for some semesters.

Sir @newacct Please guide us.

Thanks

[verbose]

You might want to assess what you lose if you wait past November election and see if there is a change to immigration regulations around public charge rule. Being married to a USC, I don’t see any reason why your husband would fall out of status or lose the chance to AOS next year.

There is probably the issue of out of state fees for school being higher for an F-1 student, but given that he is pursuing Ph.D. perhaps he is funded by the Professor/Department?

The language in I-944 asking about having used or been certified to receive or even having applied for public benefit but then canceled your application all sound very intentional at denying those who might have used or intended to use public benefits, so if waiting doesn’t cause any downsides for you, I’d play it safe and avoid getting into the uncertainty and possible denial of the application.

The whole I-944 thing is very new and frankly, I don’t think many people understand very well which way the camel will sit.

Waiting till say Jan also gives you a chance to build up your annual income (tax return) and show an upward trend for the preceding three years and also saving some more to show higher assets.

Again, it’s just my opinion, and your tolerance for risk could be different. You could also consult with a recommended immigration attorney who can go over your situation specifically and advise. It could be worthwhile getting that professional opinion.

I’m hoping this helps, good luck!

[000000]

If you do wait based on verbose comments, factor into your consideration that filing fees may change in the near future as USCIS was planning the following:

Application to Register Permanent Residence or Adjust Status

Although the base I-485 application fee will be lowered, it will no longer include the fee for Form I-765 (employment) and Form I-131 (advance parole). Adjustment applicants who wish to file for those benefits must submit separate payments with those ancillary applications. And so, whereas currently an adjustment applicant pays $1,140 for adjustment, employment, and advance parole, under the proposal the same applicant would pay almost double: $1,120 for adjustment, $545 for employment, and $ 585 for advance parole, resulting in fees of $2,250, a 97% net hike of $1,110

[immquestion]

If you do wait based on verbose comments, factor into your consideration that filing fees may change in the near future as USCIS was planning the following:

Application to Register Permanent Residence or Adjust Status

Although the base I-485 application fee will be lowered, it will no longer include the fee for Form I-765 (employment) and Form I-131 (advance parole). Adjustment applicants who wish to file for those benefits must submit separate payments with those ancillary applications. And so, whereas currently an adjustment applicant pays $1,140 for adjustment, employment, and advance parole, under the proposal the same applicant would pay almost double: $1,120 for adjustment, $545 for employment, and $ 585 for advance parole, resulting in fees of $2,250, a 97% net hike of $1,110

when they are doing to increase the fees?

[000000]

when they are doing to increase the fees?

Pass...

you can google uscis fee increase to find several news bulletins on law firm websites. Before covid, the increase was considered very imminent.

USCIS did not publish a date yet https://www.uscis.gov/news/news-rele...rational-needs

[verbose]

One thing to keep in mind about having used public benefits is that per I-944 it must be reported for the beneficiary, NOT their household member or sponsor. Based on your statement above it’s not clear if your husband used any public benefits (since he is on F-1 he might not even be eligible for any?)

Please do research this aspect more before deciding as it can affect your decision.