Petitioner lost job after filing 485

[Ani924 28]

Hi Everyone! My husband had a good job making above the poverty line when we submitted the 864 with the AOS application. He lost his job yesterday and TODAY we were scheduled for an interview. I don't know if we need to fill another 864? or 864-A? or find a co-sponsor? 

 

I make enough income to meet the USCIS requirements but can I sponsor myself? Help please! Our interview is in a month!!!

[geowrian 22,337]

Technically the previously submitted I-864 is still valid.

That said, if the IO requests a new I-864, then he won't qualify on his own anymore. The IO may or may not ask about the current I-864, his employment situation, etc. If he/she does, they would likely request a new I-864. At that point he would need to obtain employment (or use assets) or find a joint sponsor if he dopesn't meet the requirements.

 

What I would suggest is the following:

• Have him complete a new I-864 for his current situation.
• If you have an EAD and are working, you can combine your income as part of his household. No I-864A needed in this case, but you still need to provide evidence of your income (i.e. pay stubs & an employment letter suggested).
• If possible, find a joint sponsor and have them complete an I-864 and provide the supporting evidence.
• Only submit the new I-864(s) if the IO requests it. If they don't ask for a new one, then no need to provide anything. If they do, then you're ready to show them.

[eckoin 211]

Along with what @geowrian said, if I were you I would:

 

1. Fill out a new I-864. Put the actual income earned so far for the last three years, and put zero for your sponsor/spouse for next year. Just so they don't question why you're assuming he'll make more than that (unless he gets a job offer before the interview, then you can extrapolate off that). On the same I-864, include your current income. Together, your expected income will be above 125% as you said. 

 

2. Quickly get your employer to draft up a letter saying that you're employed on a permanent basis (assuming on EAD) or that they will employ you on a permanent basis (if on H1B, etc.), at $X salary. 

 

3. Don't bring any of this up. Our officer asked where we both worked. If yours does, too, you'll have to say that your spouse recently lost his job, and that you have an updated I-864 available, along with the employment letter, any W-2s, and pay stubs. If your husband has any leads, like job offer letters, throw it in there. If he's interviewing for jobs at that point, you could mention that. If the IO doesn't ask, pretend like nothing happened. No point in volunteering this information, but do be prepared to be asked. 

 

I may be wrong, but the worst case, with all of the above, is that you'll get an RFE for a new I-864 with a co-sponsor. Maybe have one lined up if you can. If easier, you can just fill out an I-864 with a cosponsor and take that to the interview, but I feel like the original approach may work quite well. Possibly depends on how long you've had your job. 

[Ani924 28]

1 hour ago, geowrian said:

Technically the previously submitted I-864 is still valid.

That said, if the IO requests a new I-864, then he won't qualify on his own anymore. The IO may or may not ask about the current I-864, his employment situation, etc. If he/she does, they would likely request a new I-864. At that point he would need to obtain employment (or use assets) or find a joint sponsor if he dopesn't meet the requirements.

 

What I would suggest is the following:

• Have him complete a new I-864 for his current situation.
• If you have an EAD and are working, you can combine your income as part of his household. No I-864A needed in this case, but you still need to provide evidence of your income (i.e. pay stubs & an employment letter suggested).
• If possible, find a joint sponsor and have them complete an I-864 and provide the supporting evidence.
• Only submit the new I-864(s) if the IO requests it. If they don't ask for a new one, then no need to provide anything. If they do, then you're ready to show them.

Thank you so much @eckoinand @geowrian. I appreciate your quick responses!

 

Two questions,

• Why is 864-A not required? Since we are using my income as the household shouldn't that be filled out as well? 
• I do have an EAD and starting a part-time job next week which alone is 125% above poverty line. I also have additional fellowships, teaching assistantships (TA) and we have other assets as well.  Should I submit the offer letter with my part time job (I don't have pay stubs as I am starting this job next week), pay stubs from TA and fellowship letter and check copies and asset information with the new I-864? Should that be enough?

Again, really appreciate your help!! 

[eckoin 211]

44 minutes ago, Ani924 said:

Thank you so much @eckoinand @geowrian. I appreciate your quick responses!

 

Two questions,

• Why is 864-A not required? Since we are using my income as the household shouldn't that be filled out as well? 
• I do have an EAD and starting a part-time job next week which alone is 125% above poverty line. I also have additional fellowships, teaching assistantships (TA) and we have other assets as well.  Should I submit the offer letter with my part time job (I don't have pay stubs as I am starting this job next week), pay stubs from TA and fellowship letter and check copies and asset information with the new I-864? Should that be enough?

Again, really appreciate your help!! 

I'll preface this with, take @geowrian's advice over mine because I am nowhere near as knowledgeable. But my situation was: I made well above 125% of the poverty line as the beneficiary. I had my job for three years on TN, and I had two years of W-2s and and a letter from my employer that they'll keep me premanently. My husband started his own business and has more expenses than revenues. We didn't get a joint sponsor nor show any assets; just used my income. 

 

1. I-864A is not required if you're the beneficiary AND the spouse. As the spouse, you're part of the sponsor's (your husband's) household. It's required for people who are not part of your household, like relatives or friends who have their own households but would put you as "dependents" (not for tax purposes!) for the I-864.

 

2. Here's the point for I-864 and using yourself as a sponsor. What USCIS wants to see, is that you're unlikely to become a public charge, meaning that you're unlikely to qualify for income-based benefits in case you need help. Either way, your husband will be responsible for you, but it doesn't mean much if you're both unemployed and qualify anyway. Yes, they can technically go after his paychecks when/if he gets another job, but the point is for the government to not have to be in the position to provide you with benefits. If at least one of you has a good job, chances are you'll be able to get another one if you're fired or quit. But they want to see that at least one of you can hold down a good job for a good while. 

 

It seems, based on experiences I've read, that new jobs don't count as much. You have no track record on this particular employment. What if you got the job but weren't qualified, and get fired pretty quickly? At least that's what the premise seems to be. 

 

So if your husband lost his job, does not have a new job offer by the interview date, and you're just strarting your job, there is a good chance this is not good enough. 

 

If your TA/fellowship wages are consistent for the last year or more, and your current job is going to pay the same or more, it'll at least help show that you can get a job and won't likely apply for welfare. It's something. If you guys have assets, especially if the assets are 3x 125% poverty line, so about $75k, it's a totally valid route as well. Basically, if both of you made $0 today. If the assets are below that, it's a bit tricky. 

 

Like @geowrian mentioned, they might not even ask. But if they do, your current situation is a toss up in my humble opinion. Bad timing. 

 

[Ani924 28]

1 hour ago, eckoin said:

It seems, based on experiences I've read, that new jobs don't count as much. You have no track record on this particular employment. What if you got the job but weren't qualified, and get fired pretty quickly? At least that's what the premise seems to be.

I did not even consider this. Our assets are 3x of 125% poverty so that should be fine I hope. We are considering asking his parents to co-sponsor. Would you think that would help?

 

I can't believe our luck, his company went bankrupt right before the interview 🙄

 

My TA wages are consistent so I'll bring all those pay stubs and contracts to the interview and my last years tax returns as well. I am hoping he has a job offer before the interview. Any other advice from you or @geowrian would be much appreciated as well. Thank you!

[eckoin 211]

26 minutes ago, Ani924 said:

I did not even consider this. Our assets are 3x of 125% poverty so that should be fine I hope. We are considering asking his parents to co-sponsor. Would you think that would help?

 

I can't believe our luck, his company went bankrupt right before the interview 🙄

 

My TA wages are consistent so I'll bring all those pay stubs and contracts to the interview and my last years tax returns as well. I am hoping he has a job offer before the interview. Any other advice from you or @geowrian would be much appreciated as well. Thank you!

I would fill out a new I-864 with all of your pay stubs, employment letter, and assets, since you have assets. Good chance that's enough, with your employment history and all. And well, assets are a legitimate way to go about it as well. 

 

But in case it's not, and his parents are OK with the sponsorship idea, there is zero harm in bringing that with you (I-864a and all). The IO may not even ask, but if they do, you're fully prepared and hand it over, no RFE. 

Edited December 28, 2018 by eckoin