When would be the best time for us to file?

[madiartzer 41]

I moved to Texas on a K1 visa on June 17th, meaning my 90 days expires on September 14th, according to my passport.

My fiancé and I are getting married shortly, and we had planned to file the AOS immediately, however, we're curious about something before we do so.

My fiancé is an online university student, while he has worked full time at his job for 2 years now, and when we filed the I-129F, he was making above the requirement for the affidavit of support to not need a sponsor.

BUT, starting tomorrow, for the next 4 months he has to do an internship for school, which means he's going down to part time hours (2 days a week) at his regular job, and will only make $350 a month at the internship. We don't think that will show he's made enough this year for the affidavit of support for the AOS.

I hope I explained this well, and in a way that makes sense. Should we just continue to file the AOS right after we get married this week? Or do we wait for after he's done the internship and back to full time hours at his regular job?

[TNJ17 1,329]

If your 90 days are up September 14th, you have less than 2 weeks to get married and file for AOS. If you don’t get married before that day, you will HAVE to leave the country. You will never be able to stay legally if you don’t marry the petitioner before that date. If you don’t file for AOS before that date, you will be out of status and susceptible to deportation. Your fiancé’s employment situation won’t be much of an issue because his part time hours will only be for the next 4 months. You won’t be interviewing or having your case adjudicated before those 4 months are up. It’s taking around 12-17 months for AOS, so by that time he’ll be back in his regular hours. Just file with the current job situation, and bring updated forms to the interview. 

[madiartzer 41]

11 minutes ago, TNJ17 said:

If your 90 days are up September 14th, you have less than 2 weeks to get married and file for AOS. If you don’t get married before that day, you will HAVE to leave the country. You will never be able to stay legally if you don’t marry the petitioner before that date. If you don’t file for AOS before that date, you will be out of status and susceptible to deportation. Your fiancé’s employment situation won’t be much of an issue because his part time hours will only be for the next 4 months. You won’t be interviewing or having your case adjudicated before those 4 months are up. It’s taking around 12-17 months for AOS, so by that time he’ll be back in his regular hours. Just file with the current job situation, and bring updated forms to the interview. 

Yes, we have plans to be married before the 14th of this month so that isn't an issue. Thanks for replying, just wanted insight from someone else as to what to do. Looks like we'll file right after we get married!

[Sunnyland 639]

Keep in mind you need to mail a copy of your marriage certificate with your AOS packet. When we married, the marriage certificate (with the proper seal etc) took about a week or 2  to be mailed to us. I don't know if your courthouse will give you the certificate right away or it will take a few days/weeks. I would request a few extra copies from your courthouse.

[Boiler 46,059]

You need a joint sponsor.

[Dashinka 24,771]

There is no requirement to file the AOS within the 90 day window, but most, myself included, will always recommend filing as soon as possible to avoid a lengthy out-of-status period.  That being said, as @Boiler suggested you should probably look for a joint sponsor to meet the financial requirements when filing, if your spouse’s financial situation changes when the 485 reaches the adjudication stage, usually with an interview, I believe you can submit a new I864 and remove the joint sponsor.

 

Good Luck!

[madiartzer 41]

8 hours ago, Bill & Katya said:

There is no requirement to file the AOS within the 90 day window, but most, myself included, will always recommend filing as soon as possible to avoid a lengthy out-of-status period.  That being said, as @Boiler suggested you should probably look for a joint sponsor to meet the financial requirements when filing, if your spouse’s financial situation changes when the 485 reaches the adjudication stage, usually with an interview, I believe you can submit a new I864 and remove the joint sponsor.

 

Good Luck!

To submit a new I-864 when the financial situation changes, would I just bring the new one to the interview?

[Dashinka 24,771]

3 hours ago, madiartzer said:

To submit a new I-864 when the financial situation changes, would I just bring the new one to the interview?

Sure.  When we filed back in late 2014, we had an interview in early March 2015 after I had filed taxes, so I brought a new I864 as well as copies of my latest taxes to the interview.

 

Good Luck!