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I-864--Potential change of circumstances

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Filed: AOS (pnd) Country: Hong Kong
Timeline

My situation is like this: I entered the US with an F-1 visa in 2007 for PhD studies, graduated in the past December, and currently in OPT status, finding a job. I married my wife (US citizen) in 2010. Since January I have moved from the town where my college was to where my wife lives with her mom while I am finding a job. Wife has no income. Mother-in-law is slightly below poverty limit, but can more than remedied by my assets,

So, if we file for AoS now, I would list my in-law as a co-sponsor as a member of the household and also list my assets on my wife's I-864.

However, two days ago I received an email from one of my prospective employers asking me to go across the country for a job interview. If I do get this job, then the current I-864 arrangement will no longer be valid even in a practical sense--I and my wife will be moving out and the position's salary will clearly be above applicible poverty guidelines. Mother-in-law will not be moving, so she's no longer a "member of household."

So, should we:

  1. Hold off submitting the application and wait for the result of the interview first? or
  2. Submitting the application and use the I-864 information as it is correct on the day I submits it, and deal with the change later? If I choose this way, how should we handle this change?

Thanks for the help!

05-10-14: (Day 00) - AOS Package (I-130/I-485/I-131/I-765) sent by Priority

05-12-14: (Day 00) - Package delivered

05-13-14: (Day 01) - Date of NOA1

05-18-14: (Day 05) - Email/text notifications received

05-24-14: (Day 12) - Called NCSC to correct name order for I-485, I-765

05-27-14: (Day 15) - Biometric appointment

05-29-14: (Day 17) - Case transferred to Nebraska Service Center

06-18-14: (Day 37) - Biometrics at Pomona per Appt

07-28-14: (Day 77) - Called NCSC for "Approaching Regulatory Timeframe" service request

07-30-14: (Day 79) - NCSC email reply on Service Request, citing "due to workload factors not related to your case, USCIS anticipates a delay in completing your case."

08-19-14: (Day 98) - e-Request initiated for I-131

08-25-14: (Day 104) - EAD file (at least) transferred to MSC (According to InfoPass appointment, 9/5/14)

08-28-14: (Day 107) - Second Service Request initiated

09-05-14: (Day 115) - (1) NCSC reply to second Service Request, identical to one on 7-30 (2) InfoPass appointment on EAD issue. Staff notified my file is now at MSC instead of NSC.

04-03-15: (Day 328) - Email notification of EAD/AP Approval

04-10-15: (Day 335) - EAD/AP Approval letter received

04-13-15: (Day 338) - EAD/AP Card Received

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My situation is like this: I entered the US with an F-1 visa in 2007 for PhD studies, graduated in the past December, and currently in OPT status, finding a job. I married my wife (US citizen) in 2010. Since January I have moved from the town where my college was to where my wife lives with her mom while I am finding a job. Wife has no income. Mother-in-law is slightly below poverty limit, but can more than remedied by my assets,

So, if we file for AoS now, I would list my in-law as a co-sponsor as a member of the household and also list my assets on my wife's I-864.

However, two days ago I received an email from one of my prospective employers asking me to go across the country for a job interview. If I do get this job, then the current I-864 arrangement will no longer be valid even in a practical sense--I and my wife will be moving out and the position's salary will clearly be above applicible poverty guidelines. Mother-in-law will not be moving, so she's no longer a "member of household."

So, should we:

  1. Hold off submitting the application and wait for the result of the interview first? or
  2. Submitting the application and use the I-864 information as it is correct on the day I submits it, and deal with the change later? If I choose this way, how should we handle this change?

Thanks for the help!

First, if the assets are yours, I don't know how your mother in law plays any role in this (ie why would you list her as cosponsor)

.

Second, you can definitely go ahead with am 864 situation as it is now, and if it changes, you can update that later. For example, the USC spouse has no job when you are applying, you use a joint sponsor; then, come interview time, the USC spouse found a job, you can bring a new 864 with the new situation and they add in in the file.

As an aside, you should carefully look into the "qualifying by assets" situation (the 3x things, etc, I don't know the details well).

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Filed: AOS (pnd) Country: Hong Kong
Timeline

First, if the assets are yours, I don't know how your mother in law plays any role in this (ie why would you list her as cosponsor)

.

Second, you can definitely go ahead with am 864 situation as it is now, and if it changes, you can update that later. For example, the USC spouse has no job when you are applying, you use a joint sponsor; then, come interview time, the USC spouse found a job, you can bring a new 864 with the new situation and they add in in the file.

As an aside, you should carefully look into the "qualifying by assets" situation (the 3x things, etc, I don't know the details well).

What I meant is my assets is enough to cover 3X the difference between my mother-in-law's salary and the appropriate poverty level.

05-10-14: (Day 00) - AOS Package (I-130/I-485/I-131/I-765) sent by Priority

05-12-14: (Day 00) - Package delivered

05-13-14: (Day 01) - Date of NOA1

05-18-14: (Day 05) - Email/text notifications received

05-24-14: (Day 12) - Called NCSC to correct name order for I-485, I-765

05-27-14: (Day 15) - Biometric appointment

05-29-14: (Day 17) - Case transferred to Nebraska Service Center

06-18-14: (Day 37) - Biometrics at Pomona per Appt

07-28-14: (Day 77) - Called NCSC for "Approaching Regulatory Timeframe" service request

07-30-14: (Day 79) - NCSC email reply on Service Request, citing "due to workload factors not related to your case, USCIS anticipates a delay in completing your case."

08-19-14: (Day 98) - e-Request initiated for I-131

08-25-14: (Day 104) - EAD file (at least) transferred to MSC (According to InfoPass appointment, 9/5/14)

08-28-14: (Day 107) - Second Service Request initiated

09-05-14: (Day 115) - (1) NCSC reply to second Service Request, identical to one on 7-30 (2) InfoPass appointment on EAD issue. Staff notified my file is now at MSC instead of NSC.

04-03-15: (Day 328) - Email notification of EAD/AP Approval

04-10-15: (Day 335) - EAD/AP Approval letter received

04-13-15: (Day 338) - EAD/AP Card Received

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So, should we:

  1. Hold off submitting the application and wait for the result of the interview first? or
  2. Submitting the application and use the I-864 information as it is correct on the day I submits it, and deal with the change later? If I choose this way, how should we handle this change?

#2. You handle the change by bringing sufficient supporting documents to your adjustment of status interview, and explaining the new situation then, if asked.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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