Petitioner job status

[laurenandmarisa 0]

I was wondering, assuming we pass our interview, if someone would be able to tell me how long the petitioner needs to stay at their current job? Would I be able to leave my job as soon as my fiancé is approved? Or after we get married? After her green card is issued?

I was hoping to leave my job in August and maybe take an extra month or two off, we have quite a bit of money saved up so it wouldn't be an issue money wise, but I don't want to just quit my job and it becomes an issue for her being here.

[EndlessStory 53]

You still need to fill I-864 to suppor her for AOS unless you are planning to use a co sponsor? Or you already have a new job you are taking before you need to submit your I-864

[laurenandmarisa 0]

You still need to fill I-864 to suppor her for AOS unless you are planning to use a co sponsor? Or you already have a new job you are taking before you need to submit your I-864

Isn't that the point of the I-134? Or is the I-864 different because we'll be married at that point?

[Removed030114 48]

Isn't that the point of the I-134? Or is the I-864 different because we'll be married at that point?

Most attorneys will tell you that the I-134 is not worth the paper it's printed on. However, it will be in the hands of the adjudicator and it's their judgement call to determine whether the petitioner's job history and current income meets the requirements. The requirements for the I-864 are much more strict. Everyone should be aware that it is a legally binding contract between you and the beneficiary. Upon signing and approval of the I-864 you will be held responsible both by the US government and in civil court to take care of that person until:

1. They abandon their US residency and return to their home country

2. Become a US citizen

3. Accumulate at least 40-quarters (ten years) work in which SSN payments and government deductions are withheld.

[EndlessStory 53]

Isn't that the point of the I-134? Or is the I-864 different because we'll be married at that point?

I-864 will be a different paperwork altogether.

She gets K1 and then fly to the US. You then need to get married within 90 days and file for AOS? Well, unless you are telling me you don't plan on filing AOS. You need I-864 at AOS

[kitthekat 1,317]

No one is going to check if you kept the job you said you had at the time you submitted your affidavit. But, you will need to show proof of current income at 2 points - 1, at the K1 interview, when the I-134 is submitted. 2, during adjustment of status, after you're married, when you send in the I-864.

If you are one of the cases that gets called up for an interview during the adjustment of status stage, they may want to double check that you have a source of income then as well. Safest time to quit is after you get a letter saying you are waived for interview for AOS or after the interview itself.

[aaron2020 11,651]

Isn't that the point of the I-134? Or is the I-864 different because we'll be married at that point?

It's different.

You need the I-134 for the K-1 fiancée visa.

Once you marry, you will want to file to adjust her status so she can get a green card. Here, you will need the I-864. Without a job or asset to cover the I-864, you will need a Joint Sponsor.

Don't quit your job until she has a green card in her hands.

[laurenandmarisa 0]

Now that i've looked into the I-864 I'm seeing that it then becomes 125% of the poverty line and I dont think I will make the cut on that as I am just under that number, so at that point I would need a joint sponsor. So under a joint sponsor I would then be able to leave my job? We're close to 50k saved up at this point so really we wouldn't need anyones help money wise, just from a legal stand point.

And about how long does it take for the I-864 to be processed/approved? I can't really find a timeline on AOS processes other than what needs to be completed for the packet.

[kitthekat 1,317]

Consulates usually ask to see 125% income for the I-134 as well. You can make up the shortfall in assets (so, if you are short $1000, you need 3-5x the amount in assets, i.e. $3000-$5000), which it appears you have. Personally, I think it would be best to keep your job so you can get through the K1 interview and AOS without a co-sponsor.

Recent timelines show AOS is taking anywhere between 6 months to a year.

[laurenandmarisa 0]

Consulates usually ask to see 125% income for the I-134 as well. You can make up the shortfall in assets (so, if you are short $1000, you need 3-5x the amount in assets, i.e. $3000-$5000), which it appears you have. Personally, I think it would be best to keep your job so you can get through the K1 interview and AOS without a co-sponsor.

Recent timelines show AOS is taking anywhere between 6 months to a year.

Ok but to file the I-134 I qualify as a family unit of just 1 as I am not married yet correct? So even at 125% I still make the poverty line. But getting married makes my family unit 2, which then makes the poverty line move up, which is where I don't qualify. So then cash can be considered as an asset?

[kitthekat 1,317]

Your household size for both the I-134 and the I-864 will, minimally, be 2 persons. You, plus the person you are signing the affidavit for, i.e. your fiancee. The new poverty guidelines for 2014 are not officially out yet but they have increased by about $200-$300 from the amounts listed here: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Yes, cash can be considered as an asset.

[EndlessStory 53]

Your household size for both the I-134 and the I-864 will, minimally, be 2 persons. You, plus the person you are signing the affidavit for, i.e. your fiancee. The new poverty guidelines for 2014 are not officially out yet but they have increased by about $200-$300 from the amounts listed here: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Yes, cash can be considered as an asset.

I seen other post mentioning about ways to take into asset into account. If you are short $100 to Meet poverty then, $100 x12 x5 times for fiancé (x3 for spouse).

Not sure if this is accurate