No job, can we still fill out AOS? And also a question about the medical for AOS

[pocheros 101]

Hey guys. Sorry if this question has been asked before but I wasn't able to find anything relevant to it.

As I posted in the Montreal 2011 Interview thread, my husband was laid off recently, right when we were about file AOS. We are okay because we cashed out his 401K which is enough to keep us going for a few months, but I was wondering if it's possible to file AOS using these assets as the basis of our 864? I doubt my in-laws will co-sponsor us. Also, my in-laws are also both unemployed and looking for work, but they receive enough in benefits to survive. If they were willing to co-sponsor us could they use their benefits or do they have to have jobs? Or will I simply have to wait until my husband finds employment?

The other thing I'm wondering: My medical exam was done in June and I'm worried about filing AOS too late because of it expiring. Do they refuse it if it's expired on the day of the interview if you have one, or the day you file it? I.e. what if it was valid when I filed it but it isn't on the interview? Or on the day they order green card production? Does it have to be valid throughout the entire process? If it's CLOSE to expiry, like maybe a month, but not actually expired do they ask you to re-do it?

It's so frustrating having enough to file for AOS but not actually being able to. We're coming up on the four month mark and I can't even contemplate waiting another 5 months... I wish I at least had a job, even a crappy job at McDonalds, to help out while my husband tries to find work.

Edited January 11, 2012 by pocheros

[Inky 1,110]

The medical expires 1 year from the date you had it. You have something like 4 months still left of validity wouldn't you?

They don't ask for a new one unless its actually expired. So no you wont have to do it if you apply 1 month before expiration.

Yes you can use assets to file with. The 864 instructions form lists that, have a read through it. You will probably need a co-sponsor though unless he can just grab a quicky job to get you guys through the AOS part.

[pocheros 101]

Thanks so much! That's kind of what I suspected but I wasn't sure. Glad I won't have to re-do the medical exam.

[Colleens 40]

You can use assets but you need to have something like 5x the poverty limit instead of the 125% with income, so you would need to have a pretty significant amount in assets. If your in-laws were to co-sponsor you ( I think that only one person can do it) they would have to make 125% of the poverty limit based on the household size including your spouse, and I would be willing to be that their benefits do not pay that much.

I would suggest that your husband registers with several temp agencies and actually goes in to speak with someone about jobs. I was recently laid off and I had registered with a few agencies and applied for some jobs via their websites and I did not get a call. I went in and spoke to some recruiters yesterday and I had 2 job offers this morning. I made sure that I dressed up and looked very professional (even though the jobs I was applying for were not professional) and I think that made an impression as a lot of people were coming in in torn jeans and baggy sweatshirts. It also gave me a chance for the recruiters to see a bit of my personality and I think that makes a huge difference. I find it so frustrating when you can not go into a place and talk to someone about empolyment and it is solely done through a computer.

Good Luck