Financial Commitments For Affidavit Of Support?

[JackCassidyMusic 87]

Hi! So I recently came over to the US on my K1 and everything is wonderful and we're planning to have a barebones legal wedding ceremony here within a couple of weeks. I'm very very happy and would love to have a "proper" wedding but our funds right now just won't allow.

Speeeeaking of funds...
My fiance hates his job, to the point that worrying about it makes him physically sick. We also hate where we live, which is a little backwater town in West Virginia.
I'd really love for him to be able to quit the job ASAP, as we're planning on moving to near Chicago within the coming months with a good friend of ours. 

My main question is whether or not this is going to screw up the new affidavit of support? Does it have to meet the exact same restrictions as the original K1? Once I get my work authorization through, I can go straight back to working my roughly $2k a month job (which I can do from anywhere, I'd be working it now if I were allowed). Is there anyway we can use that? I also have around $18k saved up in my UK bank account and he wouldn't be COMPLETELY without income as he's also a freelance artist, he just doesn't make enough from it to not require his other job. 

Admittedly, we've been sort of enjoying our time together too much and kinda let the AOS take a "We'll get around to it." kind of deal. I mean, we're nowhere near our 90 days yet, but since we're trying to plan a move, it's probably high time we dealt with it.

Thanks for your help! <3

Edited May 11, 2018 by JackCassidyMusic

[TNJ17 1,329]

Don’t quit your job before aos is complete or you will need a cosponsor. The financial requirements for aos are even more strict than the visa ones. Get married and file aos ASAP. It’s taking over a year for aos and 4-6 months for EAD and AP. Don’t waste time. West Virginia isn’t so bad. That’s where we are too. 

[JackCassidyMusic 87]

23 minutes ago, TNJ17 said:

Don’t quit your job before aos is complete or you will need a cosponsor. The financial requirements for aos are even more strict than the visa ones. Get married and file aos ASAP. It’s taking over a year for aos and 4-6 months for EAD and AP. Don’t waste time. West Virginia isn’t so bad. That’s where we are too. 

It's not West Virginia as a state that sucks, it's just our little backwater town in general. As as musician, I won't have any luck finding work here.

Yeah, we're planning on getting married ASAP, probably within the next week. 

But he can't stay in this job for another year, like I said, he hates it so much that it makes him genuinely physically sick. As his soon-to-be-husband, I couldn't in good conscience make him do that. 

So, here's my plan, and I was wondering if you could tell me if this works:
We try and push through the move to Chicago and get him into a new job before my 90 day limit is up, we then marry and file the paperwork with his NEW job in the affidavit of support. There's no reason we couldn't do that, right?

EDIT:
Or maybe if it'd help us stay more afloat, we get the marriage and the filing out the way while here, then move to Chicago, get the new job, and update USCIS with the new job information. That way I can get my EAD earlier?

Edited May 11, 2018 by JackCassidyMusic

[TNJ17 1,329]

If I were you I’d get married ASAP and file the aos as soon as possible. While he still has a job and documentation proving that. Finding a new job is not an easy task, specially one that cover the 125% of the poverty line. It won’t happen fast. And unless you have that you can’t file aos unless you use a cosponsor. If you have someone to cosponsor your move and job situation won’t matter.

If you file with your current job and later on change jobs you can just update that information when the time comes, interview, etc. 

[JackCassidyMusic 87]

7 minutes ago, TNJ17 said:

If I were you I’d get married ASAP and file the aos as soon as possible. While he still has a job and documentation proving that. Finding a new job is not an easy task, specially one that cover the 125% of the poverty line. It won’t happen fast. And unless you have that you can’t file aos unless you use a cosponsor. If you have someone to cosponsor your move and job situation won’t matter.

If you file with your current job and later on change jobs you can just update that information when the time comes, interview, etc. 

Oh okay! So get the marriage and filing done here, with the current job on the paperwork, then move to Chicago and find the new job? We have a potential one lined up, so that could go better than expected, but then again, could not. Then once we've got the new job, we could call USCIS and send them the updated affidavit? Or is it just a case of turning up to the interview and saying "Oh, my fiance has a new job, here's the new affidavit of support."?

Thank you so much for your help. In an ideal world he'd keep working this job, but he's so darn depressed every time he has to get up and go to work, I don't want every morning to feel like I'm sending him to his slaughter, y'know? (A bit dramatic, but it still sucks. :P)

[TNJ17 1,329]

I’d just bring a new I-864 to the interview with all the evidence supporting it. Remember that spending on how long he’ll have had the job for he may not have w2s or pay stubs yet, so get the employer to write a letter stating his employment information including pay and benefits if any. Good luck. 

[Villanelle 4,122]

A new 864 is not required. It just needs to be valid and accurate at the time of submission. So you can marry, fill out the AOS packet including the 864 and then move or marry, move and then file with the new job on the 864. 

 

Why are you not working? Have you read the threads on VJ about working remotely? Its a grey area. Nothing prevents you from doing but nothing specifically allows you to do so. 

[JackCassidyMusic 87]

22 minutes ago, TNJ17 said:

I’d just bring a new I-864 to the interview with all the evidence supporting it. Remember that spending on how long he’ll have had the job for he may not have w2s or pay stubs yet, so get the employer to write a letter stating his employment information including pay and benefits if any. Good luck. 

Amazing, thank you!

 

 

2 minutes ago, Damara said:

A new 864 is not required. It just needs to be valid and accurate at the time of submission. So you can marry, fill out the AOS packet including the 864 and then move or marry, move and then file with the new job on the 864. 

 

Why are you not working? Have you read the threads on VJ about working remotely? Its a grey area. Nothing prevents you from doing but nothing specifically allows you to do so. 

Awesome!

And really? Because I work online, get paid to my paypal, then I send it to my UK bank account. I'd hate for that to ruin my chances here!

Edited May 11, 2018 by JackCassidyMusic

[Villanelle 4,122]

Use the search feature to find working remotely threads. Read them through and decide for yourself what to do. I use to be 100% opposed to it but after much research and debate I am now "ehh" about it. If you need the money it is possible to work remotely and not have any consequence.  Like I said there is no policy preventing you from working remotely but there is also no policy that allows it. The laws are out of date/there is no policy about working remotely- whether it counts as employment in the US or not. 

[JackCassidyMusic 87]

1 minute ago, Damara said:

Use the search feature to find working remotely threads. Read them through and decide for yourself what to do. I use to be 100% opposed to it but after much research and debate I am now "ehh" about it. If you need the money it is possible to work remotely and not have any consequence.  Like I said there is no policy preventing you from working remotely but there is also no policy that allows it. The laws are out of date/there is no policy about working remotely- whether it counts as employment in the US or not. 

That is VERY interesting. I just read the whole "not allowed to work in the US' sentiment and just assumed I'd be immediately arrested and deported should I do such a thing! (Joking...half.)
Thank you for pointing that out. Having the extra money would be VERY helpful!

[geowrian 22,337]

12 minutes ago, Damara said:

A new 864 is not required. It just needs to be valid and accurate at the time of submission. So you can marry, fill out the AOS packet including the 864 and then move or marry, move and then file with the new job on the 864.

True, although I would also note that I have seen cases where the IO requested a new I-864 for the interview. In which case, having a new, valid one would be necessary.

If they don't ask for it, no need for a new one.

[payxibka 10,045]

A new updated I-864 would be required if the situation has changed significantly

[TNJ17 1,329]

Also your UK assets and income count towards that. So if your husband’s income is just short of the required amount you can use that to supplement. As long as you can prove your income is not coming from the US and actually from abroad.