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AOS Need Help plz

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  • AOS Need Help plz

    My husband came from germany on a visitor visa to US in 2000, we met and got married and I was Green card holder than.After we got married he went back to germany and joined me again after 2 months same yr.I filed his I 130 when he was still in status and now I am citizen and he is out of status since, applied for AOS and his interview is coming up next wk he has a benefit of 245I provision.We have a situation now, I was working full time when I filed for his AOS but now I am out of job but my husband found a job as he got his EAD just recently.My question is that since I'm no longer working can I show my real estate value which is around $85000 cash value in my new Affidate of support.What are his chances of getting AOS.Please respond ASAP

  • #2
    My husband came from germany on a visitor visa to US in 2000, we met and got married and I was Green card holder than.After we got married he went back to germany and joined me again after 2 months same yr.I filed his I 130 when he was still in status and now I am citizen and he is out of status since, applied for AOS and his interview is coming up next wk he has a benefit of 245I provision.We have a situation now, I was working full time when I filed for his AOS but now I am out of job but my husband found a job as he got his EAD just recently.My question is that since I'm no longer working can I show my real estate value which is around $85000 cash value in my new Affidate of support.What are his chances of getting AOS.Please respond ASAP

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    • #3
      did you not file affidavit of support with aos package

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      • #4
        The Affidavit of Support allows a sponsor to consider the assets he/she owns. In the instructions, they give a formula to compute what value the asset will have towards the income requirements. Be sure to remember that if there is a mortgage on the real estate, one must deduct that from the current value and use the result in the computation.

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        • #5
          Yes, I did file affidavit of support with aos package but at that time I was working and I put my job as a source of income and now I lost my job.
          The value of my asset is minus all mortgages,its my net cash value.I'm unable to compute the formula as of now I cannot show my income,my only income is unemployment benefit and my husband's income which he just started.
          Thanks for responding.

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          • #6
            if it is only you and your spouse which means your household size is 2, and it is the net cash value then this 85000 should be sufficient.
            Basically, as per the formula if someone wants to use the cash value of assets then that cash value should be 5 times the difference between the household income and minimum income requirement.

            Now in your case the following formula applies:

            House hold size of 2:

            Minimum income ($15612)
            Your household income (0)
            __________________
            Difference: $15612
            Times 5
            __________________

            Cash value needed: $78060 (less then what
            you have)

            Hope this answers your query..

            Good luck and let us know

            By the way, you can also show your husbands income in your household income, but he may have to sign I-864A, provided he has been shown as a dependent on your fed tax return or you have lived together for the last six months.

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            • #7
              Hi,finally today was our interview,it was a nice interview with officer being very polite.He asked my husband his name and his parents name.He did not asked for my employment niether did he asked for a new sponsership although I told him that I lost my job but I have a property worth $90,000,he ignored it but he asked me how much did I made this year.At the end he said that he is satisfied with everything and that we passed the interview but he shall send the approval letter after he gets FBI clearance which could take weeks or months and there is nothing to worry about.If anybody had the similar experience please let me know because at this time we are totally confused.Thanks for your help.

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