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MochaMichou

Husband fired before aos. Please help

By MochaMichou in Adjustment of Status from Work, Student, & Tourist Visas

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MochaMichou Explorer

MochaMichou   26

Posted
Filed: Other Timeline
Posted

Hi guys,

I came here on a b2, got married and was going to apply for aos by the end of october. Unfortunately, my husband got fired out of the blue. This is all unexpected and right now i dont have any idea on what to do?

Hpw are we going to apply for aos with no employment,pay stubs and just 5000$ in our bank account.

Can we still apply and during the wait period look for a job for both of us?

Please givr me any advice. Im sp frustrated right now.

Thanks a lot

11/16/2013 - AOS Package sent via UPS ground shipping (I-130, I-485, I-131, I-765)
11/20/2013 (DAY01) Package delivered to Chicago and signed by CHYBA
11/26/2013 (DAY06) NOA Text messages and emails received

12/05/2013 (DAY16) Biometrics letter recieved for 12-19-2013

12/09/2013 (DAY20) Biometrics done in Buffalo (early walk in)

12/18/2013 (DAY29) I-485 status changed to testing and interview

01/06/2014 (DAY 48)- Interview notice for February 10

01/24/2014 ( DAY 66)- EAD AND AP approved

01/30/2014 ( Day 72)- EAD combo card arrived

02/10/2014 (Day 83) Interview date : APPROVED on the spot!! Passport stamped and card production ordered.

February 18 : GC received. Free until November 2016

Pamala Bull Collaborator

Pamala Bull   4

Posted
Filed: K-1 Visa Country: Australia
 Timeline
Posted (edited)

this happened to us and we just waited till he got a new job and got a months worth of pay slips to prove his new Current income


Was unexpected for us , first he wasnt earning enough with his first job so we couldn't apply until he got the pay rise well they did the opposite and fired him. Then he got a new job and i had just saved up a months worth of pay stubs and they laid him off.we have bad luck

He finally got another job that payed enough and is still there now so i saved 5 weeks worth of pay stubs and sent it off. So far so good no RFE.

Im going on 2 years since we got married because of this

Edited by Pamala Lycos

Adjustment of status after K1 visa ClockWatch2.gif

2013-08-12 (Day 1 ) - Sent my Aos package for work permit and green Card

2013-08-20 (DAY 8) Noa1 received via Text around 11pm, next day was email. Received my case numbers

2013-08-23 (Day 11)- received hard copy in mail for Noa1 gc , Work permit

2013-08-30 (Day 18) Received Biometrics appointment letter in the mail.

2013-09-17 (Day 25) biometrics appointment day @2pm Detriot

2013-09-25 (Day 33) received text and email , I485 changed to testing and interview

2013-10-02 (Day 40) received text message and email @7am about my interview date

2013-10-04 (Day 42) Received hard copy interview letter in the mail

2013-10-10 (Day 48) Work permit Card in production

2013-10-16 (Day 54) 2nd Text and email @830am Work permit in Production

2013-10-21 (Day 59) text/email notice 10am . Work Permit sent

2013-10-21(Day 59)Text/ email @9pm received text with tracking number -2 day delievery

2013-10-24(Day 62) received my work permit in the mail.

2013-10-25 Filled for my Social Security number today

2013-11-05 (Day 74) Interview November 5th (1.40pm)...... APPROVED!! kicking.gif

2013-11-05(Day 74) Text and Email - Green card in Production @2.30pm

2013-11-05 (Day 74) Text and email @8.15pm Mailed notice that i am a registered permanent resident

2013-11-07 (Day 76) 2nd Text and email @11.30am - green card in production

2013-11-09 (Day 78) Welcome letter received - WELCOME TO THE UNITED STATES OF AMERICA!

2013-11-12 (Day 81) - Received text and email - Green card sent @1.15pm

2013-11-12 (Day 81) @9pm received text and email - with UPS tracking number - For Green card

2013-11-15 (Day 84) Green card Received dancin5hr.gif

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

If you have a joint-sponsor who earns enough for their household plus you, then his income won't matter.

Assuming you don't have a joint-sponsor:

- If he files JUST the I-130 (which means you need to leave once your I-94 expires) then no I-864 is needed (so his emplo.

- If you jointly file the I-130 and I-485 then you need to include the I-864 (the fee is $1490 I believe). You also need a medical ($200+).

You CANNOT work without an EAD. You cannot get the EAD until you file for the I-130/I-485.

Your best option would be to file the I-130 now, leave when your stay is up and process the CR-1 visa in your home country.

Otherwise your only option would be to overstay your visa. This is illegal and I don't suggest you do it, but it is an option.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Mehur4e Contributor

Mehur4e   4

Posted
Filed: AOS (pnd) Country: Bulgaria
 Timeline
Posted

A lot of people overstayed their visas and applied for AOS including myself. So my opinion - find a co-sponsor or joint sponsor that his/her income meets the income that is required, and if u have the money for I-130, I-485 and biometrics (which is around $2000) - go ahead and send the package all together. At the time when me and my husband were sending our package, both of us were unemployed plus I was already in the county with expired visa, but his mom was our joint sponsor, so we had no RFE and our interview is after 10 days.

AOS based on a marriage with US citizen:

06/06/2012 - last entry in USA on J1 visa;

05/06/2013 - got married;

07/18/2013 - sent the package (I-130, I-485, I-765);

07/23/2013 - USCIS received the package;

07/29/2013 - received notifications for acceptance via e-mails and text messages;

08/02/2013 - received notifications for acceptance via mail;

08/08/2013 - received biometrics letter (appointment for 08/14) via mail, without any e-mail or text message notifications;

08/14/2013 - done with biometrics;

08/22/2013 - I-485 online status updated to "Testing and Interview";

08/28/2013 - I-485 online status says " On August 28, 2013, we mailed you an appointment notice for an interview for October 4, 2013...";

08/30/2013 - received notification for an Interview on October 04 2013, 8:30 am via mail;

09/23/2013 - I-765 online status updated to "Card/Document Production";

09/28/2013 - received EAD card;

10/04/2013 - interview day - approved on spot!

10/17/2013 - received my green card via mail

MochaMichou Explorer

MochaMichou   26

Posted
Filed: Other Timeline
  • Author
Posted

Tanks everyone,

Hos mom is willing to sponsor us but would that be enough? Because finding a job will take a while and we want to apply for aos.

Can we apply for aos with his mom as a main supporter for both of us ? He also has some savongs from hos previous job so we can present those too.

11/16/2013 - AOS Package sent via UPS ground shipping (I-130, I-485, I-131, I-765)
11/20/2013 (DAY01) Package delivered to Chicago and signed by CHYBA
11/26/2013 (DAY06) NOA Text messages and emails received

12/05/2013 (DAY16) Biometrics letter recieved for 12-19-2013

12/09/2013 (DAY20) Biometrics done in Buffalo (early walk in)

12/18/2013 (DAY29) I-485 status changed to testing and interview

01/06/2014 (DAY 48)- Interview notice for February 10

01/24/2014 ( DAY 66)- EAD AND AP approved

01/30/2014 ( Day 72)- EAD combo card arrived

02/10/2014 (Day 83) Interview date : APPROVED on the spot!! Passport stamped and card production ordered.

February 18 : GC received. Free until November 2016

Mehur4e Contributor

Mehur4e   4

Posted
Filed: AOS (pnd) Country: Bulgaria
 Timeline
Posted

Your husband is still the main sponsor and he still needs to fill out i-864, but depending on his moms income (if it is enough), she can be your sponsor. If u live together she can be your joint sponsor and you can add her income with your husbands income (whatever he earned this year so far) just present his last pay stub as proof, and write unemployed. That's what we did, even though his mom income was enough just by itself, we thought it is better not just to write $0.00 for his earnings.. Or his mom can be a co-sponsor if her income is enough is by itself. You will read different opinions, u can read the instructions, but in the ends it's your decision. Good luck! :)

AOS based on a marriage with US citizen:

06/06/2012 - last entry in USA on J1 visa;

05/06/2013 - got married;

07/18/2013 - sent the package (I-130, I-485, I-765);

07/23/2013 - USCIS received the package;

07/29/2013 - received notifications for acceptance via e-mails and text messages;

08/02/2013 - received notifications for acceptance via mail;

08/08/2013 - received biometrics letter (appointment for 08/14) via mail, without any e-mail or text message notifications;

08/14/2013 - done with biometrics;

08/22/2013 - I-485 online status updated to "Testing and Interview";

08/28/2013 - I-485 online status says " On August 28, 2013, we mailed you an appointment notice for an interview for October 4, 2013...";

08/30/2013 - received notification for an Interview on October 04 2013, 8:30 am via mail;

09/23/2013 - I-765 online status updated to "Card/Document Production";

09/28/2013 - received EAD card;

10/04/2013 - interview day - approved on spot!

10/17/2013 - received my green card via mail

newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

Hi guys,

I came here on a b2, got married and was going to apply for aos by the end of october. Unfortunately, my husband got fired out of the blue. This is all unexpected and right now i dont have any idea on what to do?

Hpw are we going to apply for aos with no employment,pay stubs and just 5000$ in our bank account.

Can we still apply and during the wait period look for a job for both of us?

Please givr me any advice. Im sp frustrated right now.

Thanks a lot

Your husband can get unemployment benefits, and see if that's enough. I'm not sure if USCIS looks favorably upon unemployment income though, since it is for a limited time.

 
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