filing a late I-864

[grayrhino 0]

We're all ready to submit our Adjustment of status packet except the I-864 Affidavit of support. I just moved here with my wife and I don't have a job yet. I expect to have one soon, but not by the time her 90 day K1 visa expires. Without a job, there's no way I can meet the 125% poverty level requirement.

Any ideas what I could do? I called Immigration, but they told me I need a co-sponsor, something I really don't want to request from anyone. Here are the options I'm considering.

1. wait until I get a job and file for AOS after her K1 expires

2. file with the income section blank on the I-864 and wait for an RFE

3. file with the income section blank on the I-864 and a note explaining that proof of employment will be provided at the interview

4. file with the income section filled in as $0 and wait for a RFE

None of these options look very appealing to me. Is there anything here that doesn't risk an outright denial of our application?

Thanks for your help

john

[Dr_LHA 3]

You need a co-sponsor.

Edited March 7, 2007 by dr_lha

[pnd629 0]

I don't think you are required to file AOS before the 90 day visa expires.

I think you can wait until you find a job to submit the paperwork.

[elyjack 0]

The issue of filing after the visa expires is being discussed in another thread nearby. The general consensus is that it isn't required to file the AOS before the visa expires and it's not that big a deal if you wait a while.

As far as deciding whether to get a sponsor or not, I'm wondering what your previous year's income looks like. I'm not sure how they factor that in to the poverty guidelines but since they ask for the information they must make some use of it. If you weren't meeting the poverty guidelines in the past and are just now getting a job that might not look so good.

I don't think you are required to file AOS before the 90 day visa expires.

I think you can wait until you find a job to submit the paperwork.