Question about EAD, Adjustment of Status and Affidavit of Support

[abibae 2]

I am concerned about the Affidavit of Support portion on the Adjustment of Status. When we first applied for the K1 and did the whole process, I had a stable job that barely met the poverty level but shortly after my husband came in on the K1 and we married, I switched jobs to a new job. And it is under the poverty level, so my question is....

My husband wants to work, but he doesn't have his EAD yet. We know that if you apply for the Adjustment of Status, you can also apply for the EAD through the AOS application, but to submit the AOS application, you also need to submit the Affidavit of Support, right? But our problem is that we want to both work to make our combined income over the poverty level so that the Affidavit of Support will be fulfilled.

So the only way to get his EAD would be to apply for the AOS which would also mean to submit the Affidavit of Support? Can you submit the Affidavit of Support after submitting the I-485 and other necessary papers? Or is it required to submit the Affidavit of Support along with the I-485 and everything else?

Sorry if it sounds confusing. I hope you can understand.

[Cathi 5,748]

you need a joint sponsor

[Andrea&Henry 311]

No, you cannot get the EAD without submitting the affidavit. Its part of the package. Besides, your husband assets or income cannot be include in the affidavit cause you are his primary sponsor, so you are technically, some sort of responsible for him. In this case just get someone who can co sponsor him, it doesnt have to be a family member, just make sure the person make enough money to fullfill the i864 requests.

[KayDeeCee 4,893]

You must submit the I-864 with the I-485 and the other forms, I-765(EAD) and I-131(AP) are filed at the same time. You need assets to make up the shortcoming in your income, or a joint sponsor.