Husband got lost job for Adjustment of Status

[johnkareem 0]

Hi all,, please enlightened my worry about my AOS. I will about to submit my Adjustment of Status this week ( this Wednesday ). My husband just got lost his job last January 8, 2015, but he has still salary to receive from that company this 15^th of this month. I already prepared everything for submission of AOS before my husband got lost his job, considering my AOS will only submit this week because that’s how our money accumulated to pay for AOS ( $1,070).

The taxes of my husbands from year 2011, 2012 and 2013 are okay, since his job that just got laid off pay much.

Husband will about to apply for another job also.

My Questions:

1. Could I still attach pay stubs from his previous work? Husband still receive salary this 15^th?

2. Could I still use his Employment Letter from his previous job, since husband got Employment letter already just last week of December 2014?

Note: and this Employment letter says only about his a.) date of employment b.) his salary per hour and c.)and stating that he is regular on his job

3. We are about to file for food assistance, is this okay isn’t problem for my AOS submission? This just only for temporal until he gets job.

4. Is it okay to submit my papers for Adjustment of Status without getting co-sponsor?

5. Is it okay that husband filed Unemployment benefit?

[kzielu 1,149]

Read I-864 - is needs your husband to either say he is currently employed (need to say where) or pick other options (self employed, retired, unemployed) and you really don't want to lie here. That should answer question about his employment letter - can't use it. He needs to provide his current annual income, which isn't going to be too high since the year just started and he doesn't have another job.

Bottom line - you need a co-sponsor.

[johnkareem 0]

thank you for your quick reply, how about do i need to attach his pay stubs? i already compiled his pay stubs 6 months and plus he will still receive salary this 15th of January with pay stubs too that supposedly send to USCIS this week..

Edited January 13, 2015 by johnkareem

[aleful 1,905]

hi

no, don't send anything, or he gets a job or he gets a joint sponsor

[johnkareem 0]

hi

no, don't send anything, or he gets a job or he gets a joint sponsor

Thank you very much Aleful

[AR&CB 2]

Thank you very much Aleful

I lost my job last April and started a new job in December, so in my case I don't put down an annual salary? I was going to include my unemployment from then until August and then my earnings I made on my W2 from January 2014 till April.

[TBoneTX 46,171]

*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- topic involves that phase. ***

[johnkareem 0]

I lost my job last April and started a new job in December, so in my case I don't put down an annual salary? I was going to include my unemployment from then until August and then my earnings I made on my W2 from January 2014 till April.

You lost job April so when you did you submit the AOS?

[AR&CB 2]

Not to confuse you but in my case AOS means I-134, affidavit of support and will be sent and received by my fiancee for her interview for K1 visa in a few weeks.

[Pinkrlion 2,724]

I lost my job last April and started a new job in December, so in my case I don't put down an annual salary? I was going to include my unemployment from then until August and then my earnings I made on my W2 from January 2014 till April.

You cannot count unemployment benefits as income, it is not consistent. Also, OP is asking for info for her filing situation. Yours is different and has different requirements.

OP, you cannot claim on your AOS as if he still is employed at that job. It is better to wait until he finds another job, or get a cosponsor.

[KayDeeCee 4,896]

I lost my job last April and started a new job in December, so in my case I don't put down an annual salary? I was going to include my unemployment from then until August and then my earnings I made on my W2 from January 2014 till April.

Current annual income is not what you made last year up until you provide the affidavit of support. It is what your current annual income is. So, you started working in December. You will take your hourly pay and multiply that by how many hours you work a week. Then multiply your weekly pay by 52 weeks. That will give you your current annual income. You provide a letter from your current employer plus copies of recent pay stubs to prove your income.

OP> If your husband is now unemployed, then that is what he would need to put on the I-864. It does not matter that he will get a last paycheck. If he is unemployed, then his current income is now at $0. So, wait until he has a new job, and list his current annual income from the new job, or find a joint sponsor so you can go ahead and file now.

[johnkareem 0]

Not to confuse you but in my case AOS means I-134, affidavit of support and will be sent and received by my fiancee for her interview for K1 visa in a few weeks.

Sorry to confused you, i mea of AOS Adjustment of Status, I'm here already in US,, about to submit my Adjustment of Status

Current annual income is not what you made last year up until you provide the affidavit of support. It is what your current annual income is. So, you started working in December. You will take your hourly pay and multiply that by how many hours you work a week. Then multiply your weekly pay by 52 weeks. That will give you your current annual income. You provide a letter from your current employer plus copies of recent pay stubs to prove your income.

OP> If your husband is now unemployed, then that is what he would need to put on the I-864. It does not matter that he will get a last paycheck. If he is unemployed, then his current income is now at $0. So, wait until he has a new job, and list his current annual income from the new job, or find a joint sponsor so you can go ahead and file now.

Thank you for you informative response, I only confused what is OP?

[kzielu 1,149]

OP is original poster so in this case it's you.

[Lelyze 49]

I'm in similar situation as OP, my fiancee just lost his job (officially he is losing it by the end of this month). We are getting married next week, and will try to submit AOS as soon as we can. We are thinking about using his savings as assets. Can his assets be enough, or do we still need cosponsor?

[AR&CB 2]

Current annual income is not what you made last year up until you provide the affidavit of support. It is what your current annual income is. So, you started working in December. You will take your hourly pay and multiply that by how many hours you work a week. Then multiply your weekly pay by 52 weeks. That will give you your current annual income. You provide a letter from your current employer plus copies of recent pay stubs to prove your income.

OP> If your husband is now unemployed, then that is what he would need to put on the I-864. It does not matter that he will get a last paycheck. If he is unemployed, then his current income is now at $0. So, wait until he has a new job, and list his current annual income from the new job, or find a joint sponsor so you can go ahead and file now.

Yes that's what I did and also my monthly retirement I collect for life which totals about 2 thousand less then the requirement for 4 people that's why I'm going with a cosponsor.