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Jun2580

How long does the intending immigrant need to work for after AOS if his or her income was used?

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How long does the intending immigrant have to keep working for the same company if he or she used his or her own income for AOS based on marriage with the US spouse?

 

I was an F-1 student and was working under STEM OPT with an income that was over 125% of poverty guide line. On the other hand, my American spouse hasn't made enough income by himself.

In order to do AOS, we used my income from STEM OPT for I-864 purposes and we got approved. I got my (conditional) green card recently. I have been working for the same company for almost 2 years.

 

Now my question is, how long do I have to keep working for this company? Can I just quit anytime and change my job? Does the unemployment period affect my conditional green card?

 

I ask because I-864 says "If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;"

 

I am very confused. My current source of income is the company I currently work for. Then, does this mean I cannot quit??? Can anyone clarify this, please? How long does the income have to come from this company I work at?

 

Edited by Jun2580
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4 minutes ago, Jun2580 said:

How long does the intending immigrant have to keep working for the same company if he or she used his or her own income for AOS based on marriage with the US spouse?

I was an F-1 student and was working under STEM OPT with an income that was over 125% of poverty guide line. On the other hand, my American spouse hasn't made enough income by himself.

In order to do AOS, we used my income from STEM OPT for I-864 purposes and we got approved. I got my (conditional) green card recently. I have been working for the same company for almost 2 years.

Now my question is, how long do I have to keep working for this company? Can I just quit anytime and change my job? Does the unemployment period affect my conditional green card?

I ask because I-864 says "If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;"

I am very confused. My current source of income is the company I currently work for. Then, does this mean I cannot quit??? Can anyone clarify this, please? How long does the income have to come from this company I work at?

Yes, you can quit if you want to because you have your conditional greencard now. You are pretty much reading this to in depth because you can use your income because you are already here in the USA. What that is referring to is if a immigrant is using their income while they are being petitioned abroad. Since you were already working here in the USA then you are good because you are already working and probably can find a decent job in a short amount of time. 

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2 minutes ago, Cyberfx1024 said:

Yes, you can quit if you want to because you have your conditional greencard now. You are pretty much reading this to in depth because you can use your income because you are already here in the USA. What that is referring to is if a immigrant is using their income while they are being petitioned abroad. Since you were already working here in the USA then you are good because you are already working and probably can find a decent job in a short amount of time. 

So, do you mean, I can now do whatever I want when it comes to jobs? Like let's say, I quit my current job, and stay unemployed for one year, and I then get a job at Walmart, making way below 125% of poverty guide line. Assume that my US spouse also won't be making more than 125% of it. Is it NOT going to affect our case to remove the condition 2 years from now? (Provided that we don't rely on any governmental aid, such as food stamp etc).

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Filed: K-1 Visa Country: Wales
Timeline

Income is not a factor for RoC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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3 minutes ago, Boiler said:

Income is not a factor for RoC.

So basically I can get any job now regardless of how low or high the income is going to be (even below 125% poverty guide line), or I can even stay unemployed for the next years, technically speaking, and still apply for RoC no problem as long as this marriage is bona-fide?

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18 minutes ago, Jun2580 said:

So, do you mean, I can now do whatever I want when it comes to jobs? Like let's say, I quit my current job, and stay unemployed for one year, and I then get a job at Walmart, making way below 125% of poverty guide line. Assume that my US spouse also won't be making more than 125% of it. Is it NOT going to affect our case to remove the condition 2 years from now? (Provided that we don't rely on any governmental aid, such as food stamp etc).

It won't affect your ROC as long as you don't get benefits. 

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17 hours ago, Jun2580 said:

So basically I can get any job now regardless of how low or high the income is going to be (even below 125% poverty guide line), or I can even stay unemployed for the next years, technically speaking, and still apply for RoC no problem as long as this marriage is bona-fide?

That is correct. Find a job you like to do. Good luck!  

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