Marriage -> Job Loss -> AOS??

[Scafidi454 22]

Will the fact that I'm currently out of a job and not making any income effect the AOS?

[NYYankees355 11]

Will the fact that I'm currently out of a job and not making any income effect the AOS?

Yea if you have to fill out a most recent affidavit of support you will

[GodsGift225 54]

Yup!! And I don't believe I visa you can have a Co sponsor...

[Harpa Timsah 13,258]

Yes, you will need to find a co-sponsor (which of course you can have, in response to the above).

[KayDeeCee 4,893]

Will the fact that I'm currently out of a job and not making any income effect the AOS?

Unless you have assets that are at least 3 times the amount needed for your household size, then you will need to find a joint sponsor willing to sign an I-864 for your wife.

[VanessaTony 3,567]

Will the fact that I'm currently out of a job and not making any income effect the AOS?

That depends. Are you the sponsor or beneficiary? Do you have a co-sponsor?

If you have a co-sponsor your income doesn't matter. If you are the beneficiary your income doesn't matter. If you are the sponsor, and don't have a co-sponsor then yes, you need to obtain a co-sponsor.

[Scafidi454 22]

####### - What if I cannot find a co-sponsor? My parents separated last year. My mom would've been the only person, but she was laid off this past week too (the start-up she was working for is failing / failed).

[VanessaTony 3,567]

####### - What if I cannot find a co-sponsor? My parents separated last year. My mom would've been the only person, but she was laid off this past week too (the start-up she was working for is failing / failed).

Then unless you can make up the shortfall with assets your case will be denied. You can also ask friends as long as they're USC's or LPR's.

You can get another job asap and submit the updated info at the interview. IF you have an interview. If you get approved without interview you might be okay.

[KayDeeCee 4,893]

You can get another job asap and submit the updated info at the interview. IF you have an interview. If you get approved without interview you might be okay.

I do not think they even filed for AOS yet, so they wouldn't be able to be approved without interview if they cannot provide a qualified sponsor for the I-864 to begin with though.

OP> There is no deadline to file for AOS, so you can try and get another job before filing or ask around to friends and family about being your joint sponsor.

[VanessaTony 3,567]

####### - What if I cannot find a co-sponsor? My parents separated last year. My mom would've been the only person, but she was laid off this past week too (the start-up she was working for is failing / failed).

Ahh agree with Jay-Kay. If you haven't filed yet then don't. You're going to have to wait until you get another job OR find a co-sponsor before filing. You are better off waiting than filing and hoping you get a new job in time.

[LSnBigBear 61]

Tony: Suggestion don't wait go find a job or two that pays above the 125%. Basically you need to earn 10 dollars an hour to not affect her status. I see you live in Jacksonville area. If you cannot find anything else look on Craigslist and find a commission only job. I did this for a while selling door to door while I interviwed for positions in Operations Management that is my background. I made a decent living selling cable door to door. My buddy which by the way has a filipina wife is still selling cable making about 50k a year. I still do it part time just in case I need something to fall back on with this unsettled economy. Good luck. I was unemployed for over a year. I know it hurts....

[bt1 42]

Will the fact that I'm currently out of a job and not making any income effect the AOS?

Are you the petitioner or the beneficiary?

[Scafidi454 22]

Okay - The main crisis here was the inability to produce income (if I were not able to find a job before we ran out of money).

It's going to suck, but I think that we'll have to file the I-765 separately (an extra $380 that could've been avoided) if I cannot find a job soon.

Otherwise, I never really thought about selling cable door-to-door, and I really don't want to, as I have spent time door-to-door before.

Furthermore, I don't think just getting any job is okay only to appease the application process, and don't intend to stay there.

I mean, I could start a terrible job, apply for the green card, and then quite after the interview? Or even, work at some job, apply, find a new job (or be unemployed), find a new / possibly just as bad (non-permanent) job, have the interview, and then quit that one?

---

Personally, I've been through TOOOOOOOO MANY JOBS since I started working "legally", and I'm ready to stay put for some time.

Really, I want a career that will coincide with my ultimate personal agenda (working and traveling throughout the world).

I'm not sure if this is too ideal to expect because I know there are some people that may not want that for themselves, but I really want it. I think that by finding a position that I liked, with a global company that I could get along and agree with (and that didn't have and/or keep glass ceilings and glass doors), I'd have a great career.

Unfortunately, I have had and probably will have to throw away several periods before I'll meet the right people, or take the right steps, to get there.

P.S. I AM THE PETITIONER - I only think that a petitioner would have such a question. Thus, I think it'd be safe to assume that I am the petitioner, but I think I've come to my conclusion already.

Edited July 5, 2012 by Scafidi454

[Harpa Timsah 13,258]

Sorry to hear it. If you apply for an EAD without the AOS, it will expire when her I-94 does. It also takes about 3 months to get approved, so if you do the math, it is pretty much useless. I would file for unemployment and find a co-sponsor. It can be a friend, it doesn't have to be family. Good luck.

ETA: If you already made over $19,000 for this year, you might still be a suitable sponsor. The risk is if you are not, they will ask you for a co-sponsor, and give you a limited time to find one. You might send it in now (that is if you already made over the 125% poverty line) and have a co-sponsor lined up just in case.

Edited July 6, 2012 by Harpa Timsah

[KayDeeCee 4,893]

Sorry to hear it. If you apply for an EAD without the AOS, it will expire when her I-94 does. It also takes about 3 months to get approved, so if you do the math, it is pretty much useless. I would file for unemployment and find a co-sponsor. It can be a friend, it doesn't have to be family. Good luck.

Filing for the EAD before AOS and paying the fee for it is a waste of money. Her EAD won't be valid long enough to get any real use and ability to work out of it.