Adjustment of Status and Affidavit of support

[Florian 0]

Hello everybody,

I arrived from France with a K1 visa on July the 28th, we are married since September 10... it was a very good day :-)

Our problem is that our co-sponsor, her Mum, lost her job 2 weeks before I arrived...

My wife search some administrative job, she was a mum for 7 years before that... it's difficult, even to find an half-time.

Her incomes are really lower than the 125% of the poverty guideline.

So I had the advantage to finish my job with a French company only September the 15th (the web is well for this), at least I had some incomes to live.

No co-sponsor, I applied directly for an Employment Authorization... went for my biometrics on September 8, and received it a week ago, valid from the 09/30/11 to the 10/26/11... So I have to find a permanent job in less than 2 weeks... and with a temporary EAD (that could seems very complicated for an employer)... or to find an other co-sponsor, is there a market for this???

If I can't, is it better to apply for the AOS, even if I know that it will be rejected?

Or is it better to go back to France and to apply for it when we have a co-sponsor? is it possible or will I have to apply to a K3 visa?

Or can I stay a little in the States (a month) the time to find a co-sponsor and apply a little late for the AOS (the problem with this is that I can't work)...

Thank you for your advices

[milimelo 4,313]

Moving to AOS from family based visa.

[Inky 1,110]

If you leave the USA do not expect to come back unless you apply for a spousal visa.

Find a new co-sponsor and do not leave the USA.

[VanessaTony 3,567]

Hello everybody,

I arrived from France with a K1 visa on July the 28th, we are married since September 10... it was a very good day :-)

Our problem is that our co-sponsor, her Mum, lost her job 2 weeks before I arrived...

My wife search some administrative job, she was a mum for 7 years before that... it's difficult, even to find an half-time.

Her incomes are really lower than the 125% of the poverty guideline.

So I had the advantage to finish my job with a French company only September the 15th (the web is well for this), at least I had some incomes to live.

No co-sponsor, I applied directly for an Employment Authorization... went for my biometrics on September 8, and received it a week ago, valid from the 09/30/11 to the 10/26/11... So I have to find a permanent job in less than 2 weeks... and with a temporary EAD (that could seems very complicated for an employer)... or to find an other co-sponsor, is there a market for this???

If I can't, is it better to apply for the AOS, even if I know that it will be rejected?

Or is it better to go back to France and to apply for it when we have a co-sponsor? is it possible or will I have to apply to a K3 visa?

Or can I stay a little in the States (a month) the time to find a co-sponsor and apply a little late for the AOS (the problem with this is that I can't work)...

Thank you for your advices

Sorry but once your EAD expires you can no longer work. So even if you DID find a job you would have to quit on the 26th October.

You can leave if you want but you will need to apply for another visa and STILL have the same issue.

You would be better of staying and trying to find another sponsor, giving your wife more time to find a job, or hoping your MIL finds another job.

[Florian 0]

Sorry but once your EAD expires you can no longer work. So even if you DID find a job you would have to quit on the 26th October.

You can leave if you want but you will need to apply for another visa and STILL have the same issue.

You would be better of staying and trying to find another sponsor, giving your wife more time to find a job, or hoping your MIL finds another job.

When I apply for the AOS it will not remove the EAD time limit? why can we apply if we can't use it???

Staying, but my actual visa will not be valid... and after when I apply, will they like it?

[Inky 1,110]

If by temporary EAD you are talking a bout a stamp you got on entry to the USA. You cant use this to work, its not for K-1 visas anymore.

You would apply for the EAD card with AOS.

[Florian 0]

If by temporary EAD you are talking a bout a stamp you got on entry to the USA. You cant use this to work, its not for K-1 visas anymore.

No I applied to an EAD card (pay for it) in the purpose to try to have a job and some incomes to allow my wife to be my sponsor.

T received this card the last Thursday. In the papers with the card it's writing: "if you are a conditional resident, you should apply to remove the conditions 90 days before your card expires." ahhh I'm so confused, the French... I understood "you should apply to remove the 90 days conditions before your card expires" thinking it was the "90 days conditions" of the K1 visa... and so, it could be logical, the "90 days condition" could be remove when I will receive the receipt notice of the AOS... seems natural...

Apparently no, so I have this authorization to work 2 weeks, but it will not help me for the affidavit, I have to find an other co-sponsor, and if I'm illegal in the States for 1 or 2 months (can't more, I will have to feed my family) it will not affect the AOS...

We asked to her family and the few friends that she have, where to search after this??

Florian

PS: Thank you for all your answers

[kzielu 1,147]

Your EAD will expire 3 months from entry to US - typically people are advised not to go for it, becasue it is a waste of money. Chance for next one will be when you apply for AOS...

[slangofoil 50]

When you apply for an EAD before/without the accompanying AOS application, it will only be valid until your I-94 expires. Sorry, but it was essentially a waste of time and money to apply for the EAD at all in that circumstance. You can't continue to work after the expiry date. You'd need a new EAD.

Don't leave. You're not going to be kicked out. Keep trying to find another co-sponsor and/or trying to find a good job for your wife. Once you have that, and finally apply for AOS, your overstay will be forgiven.

[Florian 0]

I will try it, but even with this crisis it seems to me easier to find a good job (for me, with my skills... for my wife who were Mum 7 years, even with a bachelors, there's nothing; and I don't speak about the good job, even the half-times) than a co-sponsor...

[bigdog 376]

Do not leave apply for aos, ead and AP, find a new sponsor, good luck with work.

[Deputy Purple 1,294]

I will try it, but even with this crisis it seems to me easier to find a good job (for me, with my skills... for my wife who were Mum 7 years, even with a bachelors, there's nothing; and I don't speak about the good job, even the half-times) than a co-sponsor...

You do understand that even if you do get hired you can't legally work after 10/26/2011, right?

Any employer will know this and your chance of getting hired will be reduced drastically.

Even if you apply for AOS before the 26 that doesn't extend the validity of the EAD you have.

[san diego 407]

Apply for AOS together with EAD. Basically, you may get AOS rejected but EAD is processed ahead of AOS and will let you work for 1 year.

[VanessaTony 3,567]

Apply for AOS together with EAD. Basically, you may get AOS rejected but EAD is processed ahead of AOS and will let you work for 1 year.

Umm I'm not sure why you say AOS would be rejected but regardless, if AOS IS denied the EAD card is invalidated.

[Ban Hammer 12,958]

one post removed for tos violation:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.