I-864 current employment issues & requirements question

[jaimelee 12]

Hello all,

My husband and I got married on a K-1 Visa August 23rd, 2014, he entered the US on July 8th, 2014 and are working on paperwork for AOS. When we applied in Chile for the K1 visa (interview was June 23, 2014) I had no way of proving with the waitressing job that I had at the time was giving me sufficient income to meet the required amount and my tax returns for the past years were not showing enough income either because I was in college until the end of the 2013 school year.

My intention was that I was going to find a different job with enough pay, something that I was planning on staying in for a while and hopefully using my college degree as soon as my husband (then fiancé) came to the United States. I found a job working with a property management company I worked with before as the assistant property manager, I started there July 24, 2014 with all of my intentions of staying there through the paperwork and for years to come. Unfortunately, things did not work out with said job since they were unwilling to give me the days I needed off for my marriage even though they had originally told me that I could have the days off and there were issues going on with residents and firearms that they wanted me to intervene in and I started to fear for my safety. Therefore, on August 27, 2014 I resigned my position as the assistant property manager with this property management company.

At the present time I am going to start working with a new company to start in the near future a new job that pays beyond the 125% requirement for the Affidavit of Support and has more to do with my degree. However, I feel like I am in a dilemma because I will not have a ton of time below my belt in this new job before we have to send the paperwork. I also feel that with the looks of my previous tax returns that this could hurt us even more.

Does anyone have any experience with this? Suggestions of what I should do? I guess having my parents sponsor again we could do, but I'd really like that to be a last resort kind of option.

Thanks everyone in advance!

[Zedayn 485]

You don't have to file the Adjustment of Status right away. All you need to do is marry within 90 days, which you did. So I would work a few months to establish yourself and also get a few paychecks under your belt, and then file. When you file, include an employment letter and paystubs to prove your current income.

[KayDeeCee 4,893]

If you cannot wait because you do not want your husband to be out of status, and/or he needs to get his EAD to help out with the income flow, then have a parent be your joint sponsor. There is no guarantee they would not ask for a joint sponsor anyway, if you had not met the income requirements for previous years and your job was so new.

[jaimelee 12]

If you cannot wait because you do not want your husband to be out of status, and/or he needs to get his EAD to help out with the income flow, then have a parent be your joint sponsor. There is no guarantee they would not ask for a joint sponsor anyway, if you had not met the income requirements for previous years and your job was so new.

You don't have to file the Adjustment of Status right away. All you need to do is marry within 90 days, which you did. So I would work a few months to establish yourself and also get a few paychecks under your belt, and then file. When you file, include an employment letter and paystubs to prove your current income.

Thank you both so much for your input, I think we are just going to have my parents co-sponsor just to make it easier. Otherwise I will be stressing the entire time we are waiting for the papers to pass and I don't want him to be out of status for a long time. Thanks again!

[jxn 86]

A joint sponsor sounds like the best case. It gets the beneficiary his EAD as soon as possible and avoids him going out of status, by filing for AoS within the ninety days.

[jaimelee 12]

A joint sponsor sounds like the best case. It gets the beneficiary his EAD as soon as possible and avoids him going out of status, by filing for AoS within the ninety days.

Thank you I absolutely agree. This is what I am working on now