Jump to content

10 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Canada
Timeline

My FI would like to move and change jobs once I'm over on the K-1 after we get married but most probably before I get my AOS completed. As long as everything works out we are planning to get married in January 2011 and if he can get a job offer move sometime before March 1st (his lease end date). We don't like Buffalo to mcuh and would rather not get stuck on for another full year lease...

He currently has no issues meeting the income requirements as he's been making $45K steady for the last 2 1/2years. My question is...if he gets a full time job offer (with same income level) and he switches to a new company, new city etc. would that affect us getting approved since he would probably be on probabtion when we file AOS and he fills out the affidavit of support? We do not have anyone that would be able to co-sponsor us.

Thanks!

Link to comment
Share on other sites

Moving to another city (especially to another state) might delay your application because that means that if your application was already forwarded to the local office for your interview, that office might need to send the paperwork to the other local office. In terms of financial support. I think it is ok to change jobs as long as during the interview, the petitioner proves that he/she meets minimum income requirements. For AOS interview, the petitioner needs to show a letter from employer and/or copies of W-2, along with copies of income tax returns from last year.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

Moving to another city (especially to another state) might delay your application because that means that if your application was already forwarded to the local office for your interview, that office might need to send the paperwork to the other local office. In terms of financial support. I think it is ok to change jobs as long as during the interview, the petitioner proves that he/she meets minimum income requirements. For AOS interview, the petitioner needs to show a letter from employer and/or copies of W-2, along with copies of income tax returns from last year.

Moving might delay the application yes, but there is NO requirement for a letter from employer or W2 for an AOS interview. Where on earth did you get that information??? OP please ignore this.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline
My FI would like to move and change jobs once I'm over on the K-1 after we get married but most probably before I get my AOS completed. As long as everything works out we are planning to get married in January 2011 and if he can get a job offer move sometime before March 1st (his lease end date). We don't like Buffalo to mcuh and would rather not get stuck on for another full year lease...

He currently has no issues meeting the income requirements as he's been making $45K steady for the last 2 1/2years. My question is...if he gets a full time job offer (with same income level) and he switches to a new company, new city etc. would that affect us getting approved since he would probably be on probabtion when we file AOS and he fills out the affidavit of support? We do not have anyone that would be able to co-sponsor us.

First, it's important to know that there is NO requirement for a letter from employer or W2's for your AOS application and/or interview, as I previously stated. The ONLY requirement for the I-864 is that you attach his 2009 tax return (or 2010 tax return if you file after April 15th). As long as his most recent tax return is ABOVE the 125% threshold for his household size then there's no problem. My husband and I only attached his last 3 tax returns and we had no issue.

Even if a letter from employer WAS a requirement for interview, working there for a short time would be irrelevant. It's only that he needs to earn more than 125% of the poverty guidelines, and according to your post, that will not be a problem.

As for filing AOS... as stated by the PP, moving during the process is risking. Not only for interview but also biometrics. For that reason my husband and I waited until we had moved from Texas to Iowa before filing my AOS. The reason it's risky is as the PP said, they would schedule your interview or biometrics in the other town.

However, you CAN move during the process. Worst case scenario they send your letters to the wrong place and deny your application. As long as you sign up for online updates you will get an email notice and you can fight the decision. Personally as you said you want to move any time PRIOR to March 1st, I would file immediately after moving and put your new address down.

Good luck with your decision.

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Canada
Timeline

How long does the AOS take? If we wait to file after March 1st then wouldnt we be delaying it by 1.5 months seeign as we are hoping to get married mid Jan? OR is there a time delay to get the marriage certificate which I believe we need for AOS? (The marriage will take place in Buffalo, NY) If so then we wouldn't really be delaying it too much? I'm just worried becasue I will want to work asap (to much strain on FI to support both with his school loans etc) which is why we are going to get married within 1-2 weeks of me activating the k1...thoughts?

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

How long does the AOS take? If we wait to file after March 1st then wouldnt we be delaying it by 1.5 months seeign as we are hoping to get married mid Jan? OR is there a time delay to get the marriage certificate which I believe we need for AOS? (The marriage will take place in Buffalo, NY) If so then we wouldn't really be delaying it too much? I'm just worried becasue I will want to work asap (to much strain on FI to support both with his school loans etc) which is why we are going to get married within 1-2 weeks of me activating the k1...thoughts?

It took 2 months after filing to get my EAD and AP documents. It took almost 3 (from filing) to get my GC.

Sometimes it can take a while to get your marriage certificate back. Mine only took a week though and it's state dependent.

If I were you given the high financial strain, I would apply for AOS asap (remember it's $1010 so have the money ready), then you would be able to get biometrics done in Buffalo so no issue there. The only other issue will be the interview (if you have one, not all K1's do). You will need to file a change of address form (AR-11) online, and also send in a paper copy. You should receive a letter confirming the address change. You have 10 days after moving to change your address. Mail from USCIS cannot be forwarded, however if you put a forward on your mail, it will kick back (i.e. return to sender) the USCIS letter if they send it to your former address, at which time they will check their system and see it was sent to the wrong address. OR they will update online saying your address is wrong. Either way you should be okay. After about a week of getting the address change stuff done, call USCIS and confirm your address in the system to ensure it's taken effect. Make sure you keep a copy of any notices of confirmation of address change, and also the AR-11 (you can print conformation of it online) just so you have proof. The only other advice I have is, in the event they book your interview in Buffalo (remember you might not even have one) you should be able to change it. I would consider attending anyway as changing interview dates is also risky as there's a chance they don't do it correctly and they deny you because you didn't attend the first (should have been changed but wasn't) interview.

HOWEVER, there is another option you might not like... stay in the UK until say February. Get married in Feb, move to new place then file AOS. It will give you another month of working in the UK so earning money. It will cut the time closer to him moving from Buffalo so that you don't file and then move (honestly if you can avoid it, do so). You could even wait until after he moves so that you don't have to move all your stuff to the US, just to move it 2 weeks later (however I know how much waiting sucks!!).

Up to you two honestly. Given the risks of moving during the process (even though SOME people have no issues) it should be avoided at all costs.

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Canada
Timeline

Unfortunately the wedding date is sorta set as (my best friend will be on this side of the world, vs. NZ) therefore UNLESS i don't have my visa intime we have to get married before Jan 15th. and it will be in the BUffalo area. The moving twice thing sucks but we have recently had some issues with the landlords and do not want to lock in for another year which is why we were thinking of pushing the moving out of state sooner...which sucks since we chose an apt last year based on a place that i could move right into...to avoid moving....argh

Nothing is for certain just speculation, just don't want him to miss a job opportunity if it arises...

Link to comment
Share on other sites

Moving might delay the application yes, but there is NO requirement for a letter from employer or W2 for an AOS interview. Where on earth did you get that information??? OP please ignore this.

I went through AOS two years ago and interview letter asked for those documents. My sister is going through AOS this year, actually has interview in two weeks and they have also asked for those copies. I would suggest you get your facts straight before judging other people's comments. Thank you

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline
I went through AOS two years ago and interview letter asked for those documents. My sister is going through AOS this year, actually has interview in two weeks and they have also asked for those copies. I would suggest you get your facts straight before judging other people's comments. Thank you

I see. I have now looked up the interview letter and it appears to be a standard requirement to bring the documents, but I've never read of anyone needing to show the documents hence my previous assertion. Also as a K1 I didn't require an interview so I had no letter to compare it too. I stand corrected in that regard however I still note it is NOT required for the I-864 application. It is only a suggested document. If called for interview (50/50 chance of an interview as you're AOSing from a K1) obtain the document, otherwise I wouldn't bother. Gives him more time anyway :D

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

Unfortunately the wedding date is sorta set as (my best friend will be on this side of the world, vs. NZ) therefore UNLESS i don't have my visa intime we have to get married before Jan 15th. and it will be in the BUffalo area. The moving twice thing sucks but we have recently had some issues with the landlords and do not want to lock in for another year which is why we were thinking of pushing the moving out of state sooner...which sucks since we chose an apt last year based on a place that i could move right into...to avoid moving....argh

Nothing is for certain just speculation, just don't want him to miss a job opportunity if it arises...

Okay well there is still hope if you choose to move during the process. You should be able to attend biometrics at another office if they send you to buffalo after you've moved (I've read of people doing that).

Let us know how you go, and explore the options for getting your marriage certificate. Some states allow you to take the signed document yourself to the registrars office and they'll give you a copy then and there. Others won't. If your county office does, then that should shave some waiting time off. Try and get the documents ready to go before you get married. that way when you get your marriage certificate you can just photocopy it and add it to the pile and mail it off.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...