Could this cause problems for our AOS?

[Firstenburg 0]

My company is laying me off as of Aug 30, 2008. Our K3 application is at the consulate and they informed us that we could expect an interview in July (*sigh* wish it was sooner but oh well....) If I apply for AOS immediately after my wife arrives, I am guessing that the AOS process will still be on-going when the lay-off happens. I am concerned about what affect my employment status would have if I have not found new work at the time that we are called in for the AOS interveiw.

Does anyone know if that would have an impact?

I have the option of leaving my current employer pre-emptively and getting a new job now. But I wanted to take advantage of the severence pay I would receive after Aug 30, and spend an extended "paid vacation" if you will, with my wife. We desperately need it after the long wait that USCIS has put us through!

I appreciate any insight you have that would help me out in this weird situation.

[YuAndDan 153]

Employment status changing AFTER you file I-864 affidavit of support will not have any affect.

Expiration of the I-864

Does the I-864, I-864EZ, or I-864A ever expire?

No, the validity of the I-864, I-864 EZ, or I-864A is considered indefinite; beginning from the date the sponsor files it with either the National Visa Center, the U.S. embassy or consulate.

http://www.travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf (This also applies to USCIS)

[Firstenburg 0]

I read your reply to mean changing employment AFTER the AOS interview. Is that a correct interpretation? I'm concerned that my unemployment and my AOS process/interview may overlap. Will that cause us problems?

[pushbrk 12,890]

I read your reply to mean changing employment AFTER the AOS interview. Is that a correct interpretation? I'm concerned that my unemployment and my AOS process/interview may overlap. Will that cause us problems?

You file the I-864 when you file AOS, so if done while still employed, that's that.

On the other hand, K3 is a multiple entry visa good for two years after the first entry. As such, there's no hurry to file AOS. You could wait until you find a new job if you want.

[Firstenburg 0]

On the other hand, K3 is a multiple entry visa good for two years after the first entry. As such, there's no hurry to file AOS. You could wait until you find a new job if you want.

Thanks for the info. That's right, we may just wait to file the AOS. I've read though that USCIS expects you to make a good faith effort to file asap or they might deny you a work permit.

[pushbrk 12,890]

On the other hand, K3 is a multiple entry visa good for two years after the first entry. As such, there's no hurry to file AOS. You could wait until you find a new job if you want.

Thanks for the info. That's right, we may just wait to file the AOS. I've read though that USCIS expects you to make a good faith effort to file asap or they might deny you a work permit.

You hear a lot of trash. As a point of reference, my wife filed for her EAD separately and had it in hand almost a year before the green card and more than six months before we filed the AOS.

With today's fee structure, it cost extra to do things in that order.

[Reba 2]

You could always get a co-sponsor as well if you are still unemployed when your AOS interview time rolls around.