My husband (petitioner) just got laid off, I am in process of AOS

[lileepad 3]

Hi y'all.

A bit of sad news today. My husband (petitioner) got laid off today and we had already submitted my packet to adjust my status and received NOA1 plus my biometrics which is scheduled for March 9th.



He is getting severance. Does this affect his petition for me? What do we need to do?

He will file for unemployment tomorrow...

[lileepad 3]

We had already sent in our affidavit of support forms in our AOS ($86k) and had a letter from his employer plus pay stubs but had no co-sponsor... Don't know what to do.

[ChasUno 101]

I don't know for sure, but the as all the information in your AOS was correct at the time it was filed, I don't think you need to do anything.

[Ryan H 3,812]

Moved from Progress Reports.

[aaron2020 11,651]

You will need to update the I-864.

You will need a Joint Sponsor if your spouse can not meet the I-864 obligations with CURRENT income. Since he no longer has the job, he can not use that income on the I-864.

[KayDeeCee 4,893]

We had already sent in our affidavit of support forms in our AOS ($86k) and had a letter from his employer plus pay stubs but had no co-sponsor... Don't know what to do.

Don't do anything at this point. IF you ever get an RFE regarding the I-864, then you will need to send an updated one. IF you happen to get an interview, then you should take an updated I-864 and his proof of current income. IF that happens and he is not making enough at that time, then you will need to use assets or a joint sponsor.

It is possible that you will simply be approved without interview.

[ChasUno 101]

Don't do anything at this point. IF you ever get an RFE regarding the I-864, then you will need to send an updated one. IF you happen to get an interview, then you should take an updated I-864 and his proof of current income. IF that happens and he is not making enough at that time, then you will need to use assets or a joint sponsor.

It is possible that you will simply be approved without interview.

Totally agree with the above.

As I said earlier, at the time the OP filed their AOS, all the information given was correct. The USCIS are basing their decision on the information given on the specified date on the forms. The OP's husband may even find another, possibly even better paid job before interview/ approval, and it's only this one aspect of the requirements that's out of kilter (at present). If it were something more significant such as the OP separated/ divorced, then obviously continuing with the AOS process would be fraudulent, but the change in I-864 is likely to just be a small bump in the road. The OP should ask her self, if you got your green card and THEN your husband got laid off, would that change anything with regards to the validity of your adjustment of status? No it wouldn't!

Just sit tight and see what happens next with regards to the AOS procedure. As KayDeeCee said, you may even be lucky enough to bypass the interview and go straight to approval.

Edited March 2, 2016 by ChasUno

[newacct 688]

As long as the information was true when it was submitted, it is valid.

If there is an interview, they may ask whether he is in the same job, and if not, ask for a new Affidavit of Support.

Seeing as you are K-1, interviews are often waived.

[lileepad 3]

Ya'll, we just got an RFE.... STUPID MISTAKE. They're requesting for the Affidavit of Support form filled out again because we missed one box... Upon reviewing our copy... Page 3 on part 4 of the form is blank... like the part where it says "information about you the sponsor... name". LOL my husband forgot to put his NAME IN. DOH!

ONE TINY BOX. Oh man.

So I guess we send our most recent 2015 W2. But since the tax return isn't due till April 15, we still send the 2014 IRS Tax Transcript??

[KayDeeCee 4,893]

If you send the 2015 W-2 alone, they may want the tax return that goes with it. If they did not ask for updated tax info in the RFE, then maybe not provide it, unless you plan to file before responding and send the entire, complete return.

[lileepad 3]

If you send the 2015 W-2 alone, they may want the tax return that goes with it. If they did not ask for updated tax info in the RFE, then maybe not provide it, unless you plan to file before responding and send the entire, complete return.

This was what was sent to me.

Also, should I send in my husbands new offer letter together with his old company paystubs and letter of employment (even though he was laid off 2 weeks ago)?

I feel like putting in 'unemployed' would complicate things seeing as he found a job 2 weeks after being laid off.

[KayDeeCee 4,893]

Is the income that will come from the new job the same or more? Has he started yet? You have 87 days, so if there is enough time for him to start working and get at least one recent pay stub, then that would be your best bet. You need to provide an updated, correctly filled out I-864 with the current info on it. You could list current income as the income from the new job, file the 2015 taxes and provide a complete copy of the return. Include the employment offer and letter plus at least one pay stub to show his current annual amount.

[lileepad 3]

Is the income that will come from the new job the same or more? Has he started yet? You have 87 days, so if there is enough time for him to start working and get at least one recent pay stub, then that would be your best bet. You need to provide an updated, correctly filled out I-864 with the current info on it. You could list current income as the income from the new job, file the 2015 taxes and provide a complete copy of the return. Include the employment offer and letter plus at least one pay stub to show his current annual amount.

It's $2k more than before and he isn't due to start till April 11.

My husband is in the process of filing his taxes with his CPA. His CPA is suggesting that since we got married, that he goes and files as joint so he gets a better refund (?) - will this affect me and my visa process?

Since they are just filing, do you have any idea how many days we hear back from IRS with a updated 2015 transcript etc?

My thought was, I would fill it out as is with his old job listed, then include an explanation that my husband got a new job and is to start April 11 then include employment offer letter. Since he only just got laid off 2 weeks ago, we have a copy of his last paystub too and he gets paid every 2 weeks.

Thoughts?

[KayDeeCee 4,893]

It's $2k more than before and he isn't due to start till April 11.

My husband is in the process of filing his taxes with his CPA. His CPA is suggesting that since we got married, that he goes and files as joint so he gets a better refund (?) - will this affect me and my visa process?

Since they are just filing, do you have any idea how many days we hear back from IRS with a updated 2015 transcript etc?

My thought was, I would fill it out as is with his old job listed, then include an explanation that my husband got a new job and is to start April 11 then include employment offer letter. Since he only just got laid off 2 weeks ago, we have a copy of his last paystub too and he gets paid every 2 weeks.

Thoughts?

If you married in 2015, then you should file married jointly.

May not get an IRS transcript, but can send a copy of the complete return with all forms, schedules and W-2s. You can check with the local IRS office before mailing off the RFE response to see if you can get a transcript before you send it.

Your plan sounds okay. I would point out that he will be earning even more at the new job he has lined up. Even though you will send the job offer/employer letter, it can still help to point out things and basically hold their hand as you walk them through your submission.

[Fr8dog 312]

I just went over the instructions again and found this:

Item Number 2.

Current Individual Annual Income.

Enter your current, individual, earned or retirement, annual income that you are using to meet the requirements of this affidavit and indicate the total in the space provided.

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.

You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employers address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include

evidence of that income.

Looks to me you just fill out a new I-864 and than it is up to you. File before the start date and include the expected income data. Or wait till after his start date and do the same. (If you feel more comfortable filing with job vs unemployed).

Edited March 27, 2016 by Fr8dog