Beneficiary gets job offer out of state, but I'm the Sponsor: Can I quit my job?

[nitsirk7562 82]

I've searched on this site for this but I can't seem to find an answer.

My fiancé will be here within the next month or two and can possibly get a work transfer to PA, so we'd have to move (once we get his employment authorization) and I'd have to quit my job.

How does that affect our case, with me as the sponsor?

He has more education than me, so his job would pay more than mine does currently. Can we transfer it to self-sponsorship? Any advice/experience would be greatly appreciated.

[E-N 48]

dont'quit your job until you find something where he has received an offer. start applying in the prospective place now

[nitsirk7562 82]

Thanks for the reply, this is definitely what I would attempt, but it's a small city so I'm worried about my field/prospects.

I saw in AOS package that we do another Affidavit of Support. Do you know if adding my parents as a joint sponsor be an option? Not sure how it works.

dont'quit your job until you find something where he has received an offer. start applying in the prospective place now

[E-N 48]

Yes we will do an I864 once our fiance's get to the states and we apply for their adjustment of status . I know for the initial K1 a sponsor or joint sponsor can be used but AOs I am not sure ... I'm sure you can find it on VJ somewhere in adjustment of status forum or something

[Villanelle 4,122]

Op-

Yikes. I get what you are asking. You should refer to the guide on here- http://www.visajourney.com/content/k1k3aos(K1 AOS)

Basic overview- Your fiance comes on their visa. You MUST marry within 90 days. Then you need to apply for adjustment of status to get a GC. (AOS) there is no timeframe in which you need to file- meaning you can file as soon as you have the means to. I believe the total cost is apx 1070.

When you file for AOS you apply for the EAD (work permit) and AP (travel permit) at the same time. You can expect to receive them apx 3 months from the date you file.

You also include in your AOS packet the aff of support (the 864) So your spouse wont have a EAD when you file for AOS and you can not get the EAD prior to filing for AOS. You can include your spouses assets/bank accts and the what not on the 864. You can also have co-sponsors if you need them.

(note the guide lists ead and ap forms as optional as not all users want or need them)

[nitsirk7562 82]

Thanks for the reply. We plan on getting married very soon after he enters the country and applying right away so he can get EAD asap. I make enough money to sponsor us, so I didn't put a joint sponsor in initial petition. From what I gather, I have to keep my job, even if he is offered a better one.

I'm a graphic designer, and he's an HR Manager-- so it'll be quite the difference in salary I guess we have to live semi-poor until he gets his gc!

Best case scenario, he gets a job where I live. If his transfer was approved, at least I'd have a little time to find a job while we wait for EAD. Still, very stressful situation. I would hate for him to have to turn down a good job in a company he already has a history with because I'm the sponsor that needs to work!

Was just hoping there was a work-around. Doesn't look like it! Thanks though

Op-

Yikes. I get what you are asking. You should refer to the guide on here- http://www.visajourney.com/content/k1k3aos(K1 AOS)

Basic overview- Your fiance comes on their visa. You MUST marry within 90 days. Then you need to apply for adjustment of status to get a GC. (AOS) there is no timeframe in which you need to file- meaning you can file as soon as you have the means to. I believe the total cost is apx 1070.

When you file for AOS you apply for the EAD (work permit) and AP (travel permit) at the same time. You can expect to receive them apx 3 months from the date you file.

You also include in your AOS packet the aff of support (the 864) So your spouse wont have a EAD when you file for AOS and you can not get the EAD prior to filing for AOS. You can include your spouses assets/bank accts and the what not on the 864. You can also have co-sponsors if you need them.

(note the guide lists ead and ap forms as optional as not all users want or need them)

[E-N 48]

yep same here. ALthough I am a nurse I am also continuing my education so funds will be tight. My fiance is a pharmacist in the UK so until he finishes all his transitions ect ect we will be poor lol

[nitsirk7562 82]

We'll have to start a support group section on here somewhere! lol

yep same here. ALthough I am a nurse I am also continuing my education so funds will be tight. My fiance is a pharmacist in the UK so until he finishes all his transitions ect ect we will be poor lol

[E-N 48]

lol yes we will!

[Villanelle 4,122]

Thanks for the reply. We plan on getting married very soon after he enters the country and applying right away so he can get EAD asap. I make enough money to sponsor us, so I didn't put a joint sponsor in initial petition. From what I gather, I have to keep my job, even if he is offered a better one.

I'm a graphic designer, and he's an HR Manager-- so it'll be quite the difference in salary I guess we have to live semi-poor until he gets his gc!

Best case scenario, he gets a job where I live. If his transfer was approved, at least I'd have a little time to find a job while we wait for EAD. Still, very stressful situation. I would hate for him to have to turn down a good job in a company he already has a history with because I'm the sponsor that needs to work!

Was just hoping there was a work-around. Doesn't look like it! Thanks though

Mmm maybe I didnt explain it very clearly since you are saying things like we have to live semi-poor until he gets his gc and I have to keep my job even if he is offered a better one and Im the sponsor that needs to work...

Lets make up an imaginary timeline starting in Jan since its easier. Your fiance comes in Jan and you marry that month. Also file for Aos in Jan because you are just that efficient. So at the time of filing (Jan) you need to be working and sign/fill out/submit the 864 aff of support. You need to have enough income from your job (or a co-sponsor) as your spouse will have no EAD.

You and your spouse will live off your income until they get their EAD - which takes apx 3 months- so file Jan 15 you can expect it by Apr 15 or sooner.

There is absolutely no reason why on April 15 you can not quit your job or change jobs if your spouse then starts working. Signing the 864 does not mean you are locked into the job you signed when you signed it/ That would be insane. It also does not mean that you must continue to make that amount while the contract is in effect. The gov can not enforce that? How could they? I mean seriously? How could they force someone to earn a certain amount of money/ this is not a slave labor country...

The glitch is- if you like to call it that.. Since your AOS is NOT approved yet and you stop working and no longer have the income on the 864- well your 864 is pretty much worthless and they can deny you. Now this sounds scary but this is a one in a million type scenario. No one really falls into this category unless they have hit some really really bad times.

For most people if their finances have changed since initially submitting the 864- which they do for a lot of people. Its not uncommon for the spouse to get the EAD and the other spouse to scale back work or gasp become pregnant and STOP working and the income shifts. And then you know what>? They simply ask for a new 864 to be filled out. The 864 does allow for both spouses income so as you referenced above self sponsorship by the immigrant.

But this isnt something that usually comes up. I would guesstimate that maybe 1 out of 100 people get asked for an updated 864. (??) I dont know. Its rare and its usually only if its been a year or more since you initially submitted it or if you make a big deal in an interview about how finances have changed and it prompts the officer to ask for one.

[nitsirk7562 82]

Oooooohhh I see! Lol sorry I read your last paragraph wrong. I thought I'd have to have an above-poverty guidelines job until he got his GC, which I was planning anyway, but a transfer threw a wrench in things. It didn't make any sense to me that I'd have to keep a salaried job, but crazier things happen with our government!

Your imaginary timeline will be pretty darn close to what I'm planning. I'm relieved he can pursue whatever job opportunities he wants and not worry about my job. I have to work until he gets EAD anyway, we gotta eat.

Thanks for explaining! I feel better now

Mmm maybe I didnt explain it very clearly since you are saying things like we have to live semi-poor until he gets his gc and I have to keep my job even if he is offered a better one and Im the sponsor that needs to work...

Lets make up an imaginary timeline starting in Jan since its easier. Your fiance comes in Jan and you marry that month. Also file for Aos in Jan because you are just that efficient. So at the time of filing (Jan) you need to be working and sign/fill out/submit the 864 aff of support. You need to have enough income from your job (or a co-sponsor) as your spouse will have no EAD.

You and your spouse will live off your income until they get their EAD - which takes apx 3 months- so file Jan 15 you can expect it by Apr 15 or sooner.

There is absolutely no reason why on April 15 you can not quit your job or change jobs if your spouse then starts working. Signing the 864 does not mean you are locked into the job you signed when you signed it/ That would be insane. It also does not mean that you must continue to make that amount while the contract is in effect. The gov can not enforce that? How could they? I mean seriously? How could they force someone to earn a certain amount of money/ this is not a slave labor country...

The glitch is- if you like to call it that.. Since your AOS is NOT approved yet and you stop working and no longer have the income on the 864- well your 864 is pretty much worthless and they can deny you. Now this sounds scary but this is a one in a million type scenario. No one really falls into this category unless they have hit some really really bad times.

For most people if their finances have changed since initially submitting the 864- which they do for a lot of people. Its not uncommon for the spouse to get the EAD and the other spouse to scale back work or gasp become pregnant and STOP working and the income shifts. And then you know what>? They simply ask for a new 864 to be filled out. The 864 does allow for both spouses income so as you referenced above self sponsorship by the immigrant.

But this isnt something that usually comes up. I would guesstimate that maybe 1 out of 100 people get asked for an updated 864. (??) I dont know. Its rare and its usually only if its been a year or more since you initially submitted it or if you make a big deal in an interview about how finances have changed and it prompts the officer to ask for one.