Not sure what to do now that my wife is now unemployed.

[Dewave2 17]

Hi guys,

So were getting super close to finally filing my AOS from a visa wavier. We had hoped to have it done a couple of months ago, but it wasn't possible for a couple of reasons. Now that I'm at about 6 months worth of overstay, we are doing everything we can to get it off as soon as possible.

So when I completed most of the paperwork about 4 months ago, my wife was comfortable in her job, and I filled out all the paperwork to match this. She however hadn't been in her job long enough to file for complete sponsorship, so we have her Mum as a joint sponsor anyway.

About a month ago my wife was made redundant.

Now I'm picking up the forms again to get them fully complete, I obviously remembered things have changed. Now I know obviously, anywhere on the forms where it would have said she was employed with any details, this will now be change to unemployed. But is there anything else I need to do? Is there anything else I need to include extra? Obviously, I had copies of her W2, and 6 months worth of pay stubs ready to send. Do I still send these, or not include these?

So I have to include anything to show her actively looking for employment?

And with regards to the joint sponsor, is there anything else her Mum will need to include?

Thanks in advance guys!

[Harpa Timsah 13,258]

It's mostly the same. you don't need paystubs for your wife now though because she is not working. Paystubs are to prove ongoing employment. Include all of the other evidence and point out she is currently unemployed. Make sure to include proof of citizenship for your co-sponsor

[grrrrreat 109]

Hi guys,

So were getting super close to finally filing my AOS from a visa wavier. We had hoped to have it done a couple of months ago, but it wasn't possible for a couple of reasons. Now that I'm at about 6 months worth of overstay, we are doing everything we can to get it off as soon as possible.

So when I completed most of the paperwork about 4 months ago, my wife was comfortable in her job, and I filled out all the paperwork to match this. She however hadn't been in her job long enough to file for complete sponsorship, so we have her Mum as a joint sponsor anyway.

About a month ago my wife was made redundant.

Now I'm picking up the forms again to get them fully complete, I obviously remembered things have changed. Now I know obviously, anywhere on the forms where it would have said she was employed with any details, this will now be change to unemployed. But is there anything else I need to do? Is there anything else I need to include extra? Obviously, I had copies of her W2, and 6 months worth of pay stubs ready to send. Do I still send these, or not include these?

So I have to include anything to show her actively looking for employment?

And with regards to the joint sponsor, is there anything else her Mum will need to include?

Thanks in advance guys!

If you didn't previously think of submitting I-131 for an advance parole because of your overstay, I would reconsider doing so. The regulations were recently changed to allow adjustment applicants to leave the U.S. with advance parole and not incur an overstay ban. I wouldn't use AP just yet, as the decision may be temporary, but it's worth having if you did have an important reason to leave the U.S. before you become an LPR, and if you weigh your risk and decide it's worth it based on the regulations in place at that time.

Also, if your wife is earning unemployment insurance or severance, that may qualify her under the guidelines. You would need proof of the amount she was getting.

It's mostly the same. you don't need paystubs for your wife now though because she is not working. Paystubs are to prove ongoing employment. Include all of the other evidence and point out she is currently unemployed. Make sure to include proof of citizenship for your co-sponsor

You can qualify with unemployment insurance benefits, if they are enough under the guidelines.

Edited June 14, 2012 by grrrrreat