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Posted

I am in a bit of a dilemma.

Just to give you some background info, I came here on a K1 Visa in December 2015, my husband and I are now married, he was in the Military up until mid January 2016. I filed AOS paperwork in January and for the Affidavit I listed my husband as being in the Marine Corps with a letter from his CO. He was Honorably Discharged from Marine Corps Mid January and is now on Unemployment until he gets a job. Now my question is, because I have already filed AOS listing his income as Military but has been since discharged, how does this affect my AOS package and interview?

Also I might add that when I filed the AOS we knew he was being discharged in a few days but still listed Marine Corps as his job.

I hope this doesn't affect the outcome of my AOS.

Can someone please shed some light as to what I could expect or should do from here!!!!!!

Filed: Citizen (apr) Country: Argentina
Timeline
Posted (edited)

hi

he will need a job or a joint sponsor, he needs to be currently employed

you should have waited, because the estimate of his current income is wrong, you cannot estimate what he will make in 2016, when he doesn't have employment

plus, if he isn't in active duty, he must make the 125% over poverty guidelines and not 100%

or have assets

Edited by aleful
Posted

Ok, I might also add that he was honorably discharged with severance pay totaling one years worth of wages.

So when the time comes for our AOS Interview, He will need a job by then correct? we would then file a new affidavit with his new income at the time of the interview?

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

You could be approved without interview.

IF you get an RFE for the I-864, then you will need to provide current info and may need a joint sponsor.

IF you have an interview, then take an updated I-864 and current info with you, though it may not even be asked for then either.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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