Suggestions Needed for Adjustment of Status

[sapyns]

Hi,
I-130 for my spouse who is in F-1 status has been approved. I am a permanent resident. We are planning to file I-485 as the priority date will be current in August 1st. I have few questions.

1. My spouse works in University. He worked during the Spring (2013) semester as research assistant. He is not employed now, during this summer and expect that the work will continue in the fall semester starting at the end of August. Can his income of spring semester (Jan-May) be added as annual income in I-864.

2. My income is below 125% of poverty line. I came to know $3 bank balance (cash) corresponds to $1 income for a US citizen. Does this rule also applies to a permanent resident? I am planning to show cash balance to meet the deficit annual income, if so.

3. If we need to have a joint sponsor, I (LPR) need to fill I-864 and the other sponsor just I-864A. Is that correct?

4. In I-485, What is the answer to "For current USCIS status expires on"? Is it when F-1 visa expires or when I-20 expires. Please note F-1 visa expired a year back but my spouse is enrolled as a full time international student with valid I-20.

5. For I-765, is the eligibility code (c)(9) for Adjustment of status of spouse of a permanent resident?

Thank you for your help in advance.
- Sapyns

 

[newacct]

1. It's current (right now) income that matters. Since he has no income *right now*, it's not going to help. Even if you apply during the school term when he has work, they would not look favorably on that income since it may not continue into the future.

2. For you, it's $5 asset = $1 income

3. No. You fill out an I-864 and the joint sponsor fills out another I-864.

4. It is what it says on his I-94, which is certainly "D/S".

5. yes

 

[Jackolantern]

2. My income is below 125% of poverty line. I came to know $3 bank balance (cash) corresponds to $1 income for a US citizen. Does this rule also applies to a permanent resident? I am planning to show cash balance to meet the deficit annual income, if so.

It's a 5-to-1 ratio for marriage to a permanent resident. But you can combine your assets with your spouse's assets (there is a section on the I-864 where they ask about the assets of the intending immigrant).

 

[sapyns]

Thank you newacct for your reply. Will $20,000 annual income (including assets) be on a safer side for household of size two, me and my spouse? I know this amount marginally crosses the threshold. I can't find other joint sponsor.

1. It's current (right now) income that matters. Since he has no income *right now*, it's not going to help. Even if you apply during the school term when he has work, they would not look favorably on that income since it may not continue into the future.

2. For you, it's $5 asset = $1 income

3. No. You fill out an I-864 and the joint sponsor fills out another I-864.

4. It is what it says on his I-94, which is certainly "D/S".

5. yes

 

[sapyns]

It's a 5-to-1 ratio for marriage to a permanent resident. But you can combine your assets with your spouse's assets (there is a section on the I-864 where they ask about the assets of the intending immigrant).

Thank you Jackolantern for your reply. I am trying to figure out if my current annual income of around $20,000 (including assets) is sufficient for sponsoring my spouse, we have no other dependents. We had joint income of $25,000 in 2011 and $40,000 in 2012. Will that be a plus?