I-864 Upcoming AOS Interview: USC Wife (Sponsor) lost job

[theatxbombayguy 52]

I'll try to keep the situation simple:

 

We have an AOS interview scheduled for October 11. During the filing of our paperwork in I-864, we used, both, my USC wife's and my income as a part of the household. We did not use assets to supplement our income, since our employer based income is >125% Poverty Level.

As of Aug 17, 2018, my wife lost her job; and I still hold the same job - since Aug 2015 (on a valid H1b - see my signature), i.e. same source of income.

Also, as of Aug 17, 2018 her income already covered 125% of the Poverty level.

I am aware of the following clause in the i-864 instructions sheet for Item Numbers 8. - 22. Current Annual Household Income (Page 8):

 

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. 

 

Questions:

1. What kind of documentation will justify or count as evidence that my income will continue from the current source after obtaining Lawful permanent status?

2. If I were to interpret the statement where I have to provide continuity in income source - can I not move to new employers using my EAD? Or say I am approved for the Conditional Green card, I should keep the same job and not find a new one?

3. Should we consider conjuring up a new I-864 and include assets, and take that to the interview? Along with additional documentation?

[geowrian 22,338]

1. An employment letter is generally enough when doing AOS. The same-source concern is generally when applying for a visa abroad or for people on certain statuses where the income may not be permitted to continue form the same source for the foreseeable future (i.e. F-1 students, seasonal visa workers, etc.).
2. You are permitted to work for any employer with your EAD. You can stay with the same employer or change jobs, although changing mid-process can carry a little risk if they request a new I-864.
3. Yes, I would do so. At the same time, there is no need to present the new I-864 unless they request one. The IO may or may not ask about your spouse's employment, which may or may not prompt requesting a new I-864. Having one ready in case is good to avoid an RFE and sending it in afterwards.

[theatxbombayguy 52]

On 9/19/2018 at 5:39 PM, geowrian said:

1. You are permitted to work for any employer with your EAD. You can stay with the same employer or change jobs, although changing mid-process can carry a little risk if they request a new I-864.

Is this applicable for the initial interview - conditional green card or for the 2nd interview?

[geowrian 22,338]

38 minutes ago, bombayburpster said:

Is this applicable for the initial interview - conditional green card or for the 2nd interview?

I doesn't apply to any interview...it applies to an EAD. The EAD can be applied for and issued while your AOS case is processing.

 

Once you have a green card (both 2 year or 10 year), you are a permanent resident and can work for anybody. The green card supersedes an EAD.