AOS if unemployed?

[NikkiUK 1]

Hellooo!

My fiance and I are considering all options at the moment, weighing out the best way to go about our future together. My fiance (the USC) has been laid off from work since december. We have our interview on the 29th Jan, and are hoping that with his mother as a co-sponsor, all will go well. If it does, and I get my visa, we are not sure where to go from there.

My fiance is concerned that if I travel over on my K1 in february, then we will only have til may to send off for AOS, and he is worried that he wont have found a job he is happy in by then...at least he is considering that possibility.

What are the chances of passing AOS if he is still unemployed if we use his mother to co-sponsor again? If the chances are pretty high, I will go over using the K1, but if its too risky, I was thinking of going over on a tourist visa again for a couple of months to give him time to find a job he is happy in with no pressure.

I would prefer to go over in feb on the K1 and get married on april 1st as planned, but his happiness comes first, so if its risky to apply for AOS while hes unemployed, then I will wait.

Any thoughts would be greatly appreciated. Anyone know of anyone from London who hasnt got through AOS? Or of the reasons why anyone from any country hasnt passed that stage?

Thanks so much guys,

Take care,

Nikki

[Anh map 2,098]

Co-sponsors are allowed for the I-864 (used when adjusting status). If mom is agreeable and qualifies then all should be fine.

[NikkiUK 1]

Thank you!

I knew that you can technically use them, but I wasnt sure if it was less likely to grant me a GC.

Have a good day

[Damian&Kelly 16]

I was unemployed at the time my husband got his K-1 and at the time of AOS. We used my dad as a co-sponsor for both and had no problems at all.

Best of luck at the interview!!!

[VanessaTony 3,567]

The way to look at your situation is not that he's unemployed, but that he's a student. I'm not saying lie, I'm saying that just like a person without a job, a student, doesn't earn money either, and yet students are "passed" all the time. What matters is the Affidavit of Support and that you have SOMEONE to support you while you're there to ensure you don't need money from the government. The USCIS might be harsh sometimes but they are realistic. He could have a job and lose it as soon as you get there.

I'm not sure whether you CAN visit the US after you have the visa and not use it... you have 6 months from when the visa is issued to enter the states and that means if you DO get over on a visitors visa, you have to leave and then re-enter, and i have to be honest.. I would be scared they think that I left while on the K1... I wouldn't advise going over unless it is for the K1. I just honestly wouldn't want them seeing: visa issued 1 June, entered US 1 July, left US 1 August...

Also, while it's a good idea to apply for AOS before your I-94 expires, you don't HAVE to so if you want to wait a little bit so he has a job that's good, but he would still not have the work "history" so I'm not sure if you'd need a co-sponsor anyway. It's advisable to apply before the I-94 expires but several people haven't and have been fine, others haven't (though whether it's because of the delay or not I haven't read proof of that).

My personal opinion is that you enter the US on the K1, and have your mother as co-sponsor for the AOS. I think your chances are good as long as she earns enough and you "pass" the relationship test/qns.

Good luck with your interview!

Edited January 7, 2010 by Vanessa&Tony

[John and Camie 39]

We got our NOA-2 for K-1 exactly one week before I was laid off. From Disney. The Happiest Place On Earth.

My parents ended up co-sponsoring us, and we had no problem at the interview stage in London. In fact, the lady interviewing John was quite sympathetic to our situation. Fast forward a few months: we had plans to file our AOS before the I-94 expired, but it just wasn't possible. Unemployment was enough to support us, but not enough to support us AND get our AOS off the ground without putting money away for months (which was what we did, only to have to spend our stash on a medical bill). My parents were all ready to co-sponsor us again, and then (thankfully) I got a job. After nearly 8 months of John being here (and months after his I-94 expired), we were finally able to file.

Real life happens. I'm sure USCIS is seeing a grip of unemployment cases. A lot of us here understand what you are going through. I hope you can find some reassurance in knowing that.

[Brother Hesekiel 2,236]

If you enter with a K1, and get married to your petitioning spouse, you have unlimited time to file for AOS. I know it sounds crazy, and it's a glitch in the system, but the K1 combined with the marriage certificate is proof of your legal presence. Therefore, you can wait until your husband has enough income until you file. However, until then you can't work and you can't leave the country and come back. I'm sure Gary will chime in on this, as this subject has been discussed pretty intensively with the Russian crowd.

[Nik+Heather 121]

the K1 combined with the marriage certificate is proof of your legal presence.

Could you trouble yourself to source this assertion?