AOS

[Charming12 59]

Hello VJ members,

We are in a process of filling a AOS. I have a question regarding AOS? My wife is working on her residency and her residency is going to be completed in June, 2018 and after that she will have to find a job as a medical doctor. I am just assuming (worst case scenario) What if she couldnt find a work after that and I dont have a job by then would that affect our process of immigration?

Thanks in advance

[KayDeeCee 4,893]

The USC sponsor/petitioner must provide an I-864 when you file for AOS after you are married. The immigrant cannot legally work in the US until they receive their EAD, which is submitted with the I-485. It can take around 90 days to receive, so you will not have income to include on the I-864 when initially filing for AOS.

The USC spouse must meet the income requirements(or asset requirements), or find a joint sponsor.

[Charming12 59]

This is not the question that I am asking for. I know all about that. My wife is making more than what she are supposed to do in order to support me. and I know I cant start working untill I get EAD.

My wife working contract will end in June, 2018 so my question is what if (worst case scenario) she couldnt find job afterward and i dont have a job by then would that affect our process?

[KayDeeCee 4,893]

She will fill out the I-864 with current information at the time of submitting it. If she is employed then and meets the income requirement, you receive the green card before she is unemployed, then you are good. Once the I-864 is accepted and you receive the green card, no need to make financial updates to the USCIS.

If she becomes unemployed before submitting the I-864, or before you may possibly have an interview where they could ask for updated financials, then she will need a joint sponsor.