I-485 Initial Interview Upcoming: Wife lost her job

[brisraeli 0]

We started the process while living in San Francisco and are currently in Florida where our case is being processed, but we will be moving to NY by the end of the month.

 

 

I have my interview scheduled to adjust my status in the end month and since my wife (US citizen) and I applied, she lost her job and has been on Unemployment for the last month while waiting for a job to come through in NY. If she doesn't get a job before our interview, will I be denied? We completed the I-864 Affidavit of Support with the I-485 packet in August, which has lead to us getting this interview. All paperwork has been provided. Do we still need to bring the most recent pay stubs (as listed on the 797C Notice of Action) even though it says not to bring the 864 if it has already submitted? 

 

We are both financially stable and are worried this period of unemployment will affect my eligibility. 

 

 

 

[aleful 1,905]

hi

 

any changes to the i864 have to be corrected, so if she doesn't have enough in assets, then she will need to get a joint sponsor asap

 

and present the form corrected to unemployed and attach the i864 from the joint sponsor

 

 

[Ryan H 3,818]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tousit Visas forum.

[azblk 338]

18 hours ago, brisraeli said:

We started the process while living in San Francisco and are currently in Florida where our case is being processed, but we will be moving to NY by the end of the month.

 

 

I have my interview scheduled to adjust my status in the end month and since my wife (US citizen) and I applied, she lost her job and has been on Unemployment for the last month while waiting for a job to come through in NY. If she doesn't get a job before our interview, will I be denied? We completed the I-864 Affidavit of Support with the I-485 packet in August, which has lead to us getting this interview. All paperwork has been provided. Do we still need to bring the most recent pay stubs (as listed on the 797C Notice of Action) even though it says not to bring the 864 if it has already submitted? 

 

We are both financially stable and are worried this period of unemployment will affect my eligibility. 

 

 

 

Are you employed legally? Can you get a joint sponsor? will your wife have a job by the time of your interview?

[Brother Hesekiel 2,236]

If the question comes up at the AoS interview, and chances are rather high that you will, you'll have a problem that potentially could become a deal breaker.

 

If you are working authorized or not (even drug dealers and hookers are not exempt), you should be filing your federal income tax return, and since you are married, you can do the 2017 return now, today, start filing jointly, being married. Your income will be counted as well for I-864 purposes as long as you are going strong in your source of income, so maybe that will bring you over the poverty line. Since VJ doesn't allow certain advice, let me phrase it this way: I'm not sure I would mention that you plan to move to NY, as that would change your "source or your income" which is equal to losing your current job.

 

In addition, you can make up for the discrepancy via assets in the ratio of 1:3. Current requirement for a household of 2 is $25,525 annually, so if you both are hanging on the beach, enjoying the Florida weather, but have $76K in the bank or own real estate or have a solid stock market account, that will work as well.

 

Finally, if none of this applies to you, it wouldn't mean "financially stable" in my book, but you could still pull this off by getting a co-sponsor to sign on the dotted line in your behalf.