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Posted

Having a bit of an issue here - I recently filed for AOS for my husband (appx a week and a half ago) and the packet was accepted and the checks cashed, so I assume they're just in the lengthly review process now. I unfortunately lost my job today and need to know how this affects the status of our application. We submitted the I-864EZ with my income information, which put me above the 125% poverty level (annual income listed as $36k), however my previous three years are nowhere near that amount (I believe those three years ranged from $12k to 17k annually). I only submitted my 2012 tax form, along with a letter from my employer stating my income and good working relationship.

When it comes to the interview stage with NVC, will this be an issue? Does this old form, which was submitted and approved before I was terminated, "carry over" to the NVC stage, or is it likely that I'll be required to bring in extra evidence of my employment?

We also submitted an EAD request with the packet, which we are hoping will be approved in a few months. If my husband is granted an EAD card and begins working in a job that is far above the 125% poverty threshold (the likely case), will this be factored in at all as being joint finances, or does it still come down to me and my income, being the US citizen and all? I know that with the K-1 visa, citizens going though the London embassy (the one he would have gone through) are allowed to self-sponsor, does this reflect in any way how things are done at NVC in the US?

And finally, as a super long shot, is there any way that my husband, after being granted an EAD and becoming self-employed, could potentially hire me as an employee of his and pay me the necessary amount to make the 125% poverty threshold? I'm assuming no way in hell, but I'm only asking because you never know. Desperate times call for desperate measures.

Thank you in advance to anyone with a word of advice regarding this - it's just very scary, and makes the whole process even more difficult.

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Our Journey

11.09.11 - First met
03.30.13 - Got engaged!
05.30.13 - Got married at New York City Hall
06.21.13 - Sent off AOS/Petition packet
06.24.13 - Packet received at Chicago lockbox (NOA1)
07.24.13 - Biometrics Appointment
07.26.13 - RFE on I-485 regarding I-864

09.14.13 - RFE resubmitted
09.25.13 - EAD approved

10.07.13 - EAD received in the mail
10.10.13 - Notice of interview scheduling received
11.19.13 - Interview
11.27.13 - Approval of application!!!

11.09.15 - Sent off RoC packet (on the 4th anniversary of our first date!)
11.12.15 - Packet received at California Service Center (NOA1)
12.07.15 - Early biometrics walk-in in Chatsworth, CA
12.17.15 - Biometrics appointment scheduled by USCIS

04.26.16 - Approval of RoC, 10 year green card received

 

02.14.17 - Sent off N-400 packet

02.17.17 - Packaged received

03.14.17 - Biometrics appointment cancelled due to inclement weather, new date pending

04.28.17 - USCIS InfoPass appointment, did biometrics as same-day walk-in

10.25.17 - N-400 interview, more information requested

11.08.17 - Mailed requested paperwork to USCIS

12.05.17 - Received oath ceremony appointment

01.03.18 - Oath ceremony in Brooklyn, NY


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Filed: Timeline
Posted

it will take a while before u could get an interview. perhaps looking for another full time job will solved your problem OR maybe consider looking for co-sponsor. also, if your husband EAD got approved and he find a job you guys could add that as an income too. goodluck!!!!

The longer it takes to happen the more you'll appreciate it when it does!

Posted

You will never go through NVC. You have nothing to do with the London embassy because you are also not going through them.

Your I-864 is no longer valid because you lost your job. The I-864 needs to be valid at the time of submission (check) and at the time of approval (won't work). You will need to find a co-sponsor or a new job.

Your husband cannot get an EAD and do his own support, no. There is a chance they won't figure out you lost your job and the EAD may come through without an RFE, but I doubt it. You will need to submit a new I-864 at the time of your RFE or your interview.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
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