Employment changes: how does that affect the AOS process?

[mrsargento 0]

Hello,

 

 

I'm a little distressed with a situation that my wife and I have been going through and I would like to know if someone could give us a clarification. My wife came with a K1 visa, we got married last June and submitted the documentation for the AOS one month ago. We have already received the notification receipts and biometrics letter.

 

However, I was not very happy with my current job and this week decided to put my 2 weeks. I was working and studying at the same time and decided to return to college full-time this Fall in order to get an internship or another position in the career that I really want to pursue. However, my wife and I are very distressed because we do not know how this change could affect her green card process. I have enough savings for us to live until I find another opportunity. But, we would like to know what that situation would look like in the future?

 

USCIS will check my current job when they are reviewing our documents, and once they find out that I am not an employee from the company that I used to work anymore, they will request for financial evidence, giving us the opportunity to provide a co-sponsor and evidence of my savings? Or, since the green card motive is based on marriage, I should not be too worried about that?

 

I really appreciate any useful information.

Thank you!

[geowrian 22,338]

* Moved from AOS from K-1/K-3 to AOS Progress Reports to AOS from K-1/K-3 Visas *

 

If you already submitted your I-864, then that is still valid. However, if they request a new one then you would no, longer be able to satisfy the requirements (assuming you don't have 3x the income level in assets). You would have to provide a new I-864 + find a joint sponsor to provide one as well.

They could request a new one via an RFE, or the IO may ask about your employment in the interview, likely prompting them to request a new I-864.

If they never ask for a new one (and the current one is acceptable to the IO) and you are honest with them, then you should be able to complete AOS fine.

 

To avoid an RFE after the interview in case they ask about employment, I suggest having a new I-864 for you + one from a joint sponsor on hand. Only present it if needed.

A green card based on marriage doesn't change the public charge requirement under the INA.

Edited August 24, 2018 by geowrian

[mrsargento 0]

4 minutes ago, geowrian said:

If you already submitted your I-864, then that is still valid. However, if they request a new one then you would no, longer be able to satisfy the requirements (assuming you don't have 3x the income level in assets). You would have to provide a new I-864 + find a joint sponsor to provide one as well.

They could request a new one via an RFE, or the IO may ask about your employment in the interview, likely prompting them to request a new I-864.

If they never ask for a new one (and the current one is acceptable to the IO) and you are honest with them, then you should be able to complete AOS fine.

 

To avoid an RFE after the interview in case they ask about employment, I suggest having a new I-864 for you + one from a joint sponsor on hand. Only present it if needed.

A green card based on marriage doesn't change the public charge requirement under the INA.

Alright! Thank you so much for your clarification. We feel better now.

Another quick question, since I submitted her documents in July, with the new rules that will be applied by USCIS in September to deny a case without an RFE. I would like to know if since we applied in July, we will be in the timeframe that qualifies to receive an RFE? Or, will that rule be applied for everyone no matter when you applied?

[geowrian 22,338]

12 minutes ago, mrsargento said:

Alright! Thank you so much for your clarification. We feel better now.

Another quick question, since I submitted her documents in July, with the new rules that will be applied by USCIS in September to deny a case without an RFE. I would like to know if since we applied in July, we will be in the timeframe that qualifies to receive an RFE? Or, will that rule be applied for everyone no matter when you applied?

1. The policy change referenced affects applications submitted after the date it goes into effect (Sept. 11th IIRC? Don't quote me on that). IOs always have discretion to issue an RFE or deny outright so there's now way to guarantee they won't apply the changes to every application
2. The guidance of when to deny outright was updated. Previously, it as only when there was "no chance" of the applicant qualifying for the benefit being sought. However, even the revised policy is to only outright deny applications that are filed frivolously and/or only as a "placeholder" application....i.e. somebody submitting the application just to gain a temporary benefit or missing required evidence (people were abusing this to send in incomplete forms before they had all the documents ready, then just sending them in response to the RFE).
3. RFEs are and will still be issued. It's just that you need to provide all required items to best avoid one, whereas before you could skip something major and just send it later. I don't think this would apply to your csae.

Edited August 24, 2018 by geowrian

[mrsargento 0]

Alright! I understand better this new rule now. I really appreciate your help!