Can I be approved for working before turning in the 125% poverty support?

[crystalchen 0]

Sorry here is another question:

Is that possible to be approved to work and travel first, then I can work for several months before the interview. Then I can approve that I have enough salary to pass the 125% line?

so confused........... since both my husband and I are not making ANY money now...

[Jasman0717 9]

The EAD and AP application will cost you and when you apply for AOS you will still pay the $1010 so what's the use

[Kez/JWolf 6]

If you do not meet the 125% income then you will need to find a co-sponsor, if you try to apply for AOS and the EAD and AP without the required affidavit of Support then your application will be returned to you or you will get a RFE and will need to submit the affidavit of support for your Case to continue.

You will not get the EAD before you submit the affidavit of support.

[YuAndDan 153]

I am confused you posted this to the NVC forum which has to do with visa processing between the time of a petition approval and the petition being sent to the consulate for a visa interview.

Sounds like you are adjusting status in the USA from a NON-Immigrant visa.

http://www.visajourney.com/timeline/profile.php?id=62542

More details please.

Did you come here on a K-3 visa? K-3 can apply for EAD BEFORE adjustment of status, they can use the EAD to get a job, and then add the income from the job to that of their spouse and provide an I-864A as a member of household to add that income to their sponsor spouse's I-864.

K-1 cannot do this because IF they apply for EAD before AOS, the resulting EAD expires 90 days from entry to the USA, so income will not continue for long during the AOS process

Moving this to AOS forum.

[Marcos Heidi 0]

If you do not meet the 125% income then you will need to find a co-sponsor, if you try to apply for AOS and the EAD and AP without the required affidavit of Support then your application will be returned to you or you will get a RFE and will need to submit the affidavit of support for your Case to continue.

You will not get the EAD before you submit the affidavit of support

If someone submitted the affidavit of support (and not meeting the income requirements), would the result be the same, do you think? No EAD? Or is it possible they would issue an RFE for not meeting the income requirements but still issure the EAD. It would seem like it would be benificial so that the intending immigrant could start supporting themselves by working.

[Marcos Heidi 0]

And what does someone think of this??

The guidance states that the I-864 becomes enforceable at the time that the immigrant becomes a lawful permanent resident. Thus, the determination of whether the sponsor meets the law’s requirements must be made at the time the case is adjudicated and not when the I-864 is filed. Recognizing that usually there is a long delay between the filing of an adjustment application and its adjudication, the guidance authorizes local INS offices to decide when it is more appropriate to require the applicant to file the I-864: either with the adjustment application or at the time of the adjustment interview.

I found that here.... http://www.nilc.org/immlawpolicy/aosupp/aosupp009.htm[/url]

[KIMCORENE 0]

The above states that they cannot enforce the affidavit of support until the person becomes a permanent resident- in the contract between the sponsor and the U.S., the affidavit is consideration for the immigration benefit. However, the affidavit is necessary for the application to get to the adjudication stage. While this may theoretically be the case:

Recognizing that usually there is a long delay between the filing of an adjustment application and its adjudication, the guidance authorizes local INS offices to decide when it is more appropriate to require the applicant to file the I-864: either with the adjustment application or at the time of the adjustment interview.

We know the application wont get to the local office without the I-864, so unless the OP is a K3 applicant and qualifies to file for the EAD at this point, a co-sponsor is in order.

Edited February 26, 2009 by KIMCORENE

[pushbrk 12,898]

Sorry here is another question:

Is that possible to be approved to work and travel first, then I can work for several months before the interview. Then I can approve that I have enough salary to pass the 125% line?

so confused........... since both my husband and I are not making ANY money now...

A person could get confused with some of the answers you've been given.

The correct answer is going to depend on the visa category you used to enter the USA. So which was it?

In short, for K3, you can file for EAD without filing AOS, so without an affidavit of support. It costs extra but if you need to work a few months, the income will far outweigh the initial expense.

If you arrived on a K1 visa, no you must file the affidavit of support with your AOS and EAD. EAD cannot be filed for separately.

[crystalchen 0]

Sorry here is another question:

Is that possible to be approved to work and travel first, then I can work for several months before the interview. Then I can approve that I have enough salary to pass the 125% line?

so confused........... since both my husband and I are not making ANY money now...

A person could get confused with some of the answers you've been given.

The correct answer is going to depend on the visa category you used to enter the USA. So which was it?

In short, for K3, you can file for EAD without filing AOS, so without an affidavit of support. It costs extra but if you need to work a few months, the income will far outweigh the initial expense.

If you arrived on a K1 visa, no you must file the affidavit of support with your AOS and EAD. EAD cannot be filed for separately.

Hi! Thank you for everyone's reply! I arrived on a F-1 visa and stayed for 6 years already. My husband just became a citizen through family immigration. His mother is a permanent resident, can she be our co-sponsor? or I have to find someone else? I have an uncle who is a citizen...

Thank you again!

Sorry here is another question:

Is that possible to be approved to work and travel first, then I can work for several months before the interview. Then I can approve that I have enough salary to pass the 125% line?

so confused........... since both my husband and I are not making ANY money now...

A person could get confused with some of the answers you've been given.

The correct answer is going to depend on the visa category you used to enter the USA. So which was it?

In short, for K3, you can file for EAD without filing AOS, so without an affidavit of support. It costs extra but if you need to work a few months, the income will far outweigh the initial expense.

If you arrived on a K1 visa, no you must file the affidavit of support with your AOS and EAD. EAD cannot be filed for separately.

Hi! Thank you for everyone's reply! I arrived on a F-1 visa and stayed for 6 years already. My husband just became a citizen through family immigration. His mother is a permanent resident, can she be our co-sponsor? or I have to find someone else? I have an uncle who is a citizen...

Thank you again!

[crystalchen 0]

I am confused you posted this to the NVC forum which has to do with visa processing between the time of a petition approval and the petition being sent to the consulate for a visa interview.

Sounds like you are adjusting status in the USA from a NON-Immigrant visa.

http://www.visajourney.com/timeline/profile.php?id=62542

More details please.

Did you come here on a K-3 visa? K-3 can apply for EAD BEFORE adjustment of status, they can use the EAD to get a job, and then add the income from the job to that of their spouse and provide an I-864A as a member of household to add that income to their sponsor spouse's I-864.

K-1 cannot do this because IF they apply for EAD before AOS, the resulting EAD expires 90 days from entry to the USA, so income will not continue for long during the AOS process

Moving this to AOS forum.

Thank you for your reply!! I entered as F-1 visa.