AOS - Switching jobs with a break in between

[ds2 101]

Hello Everyone,

 

I need some help regarding my current situation. I'm currently working and making way over the income requirement for i-864, I've filed my 2018 taxes as well last week. My fiance and I are getting married on June 2, 2019 and filing AOS on June 3, 2019. 

 

I have quit my job and my last day is May 1, 2019 and I have an offer letter from another company where I make even more than my previous company and the offer letter mentions my joining date as June 17, 2019.

 

I want to know if me being unemployed for a month and a half is going to be a big issue in terms of the AOS application? Will I need a co-sponsor (I would like to avoid that)? I have been working without any break since the last 5 years so will the pay stubs from during this period and my IRS transcripts and the offer letter stating my joining date and new revised salary be enough for the AOS application? 

 

Any advice is welcome and thank you so much for help in advance!

 

Please let me know if any more information is required from my end to gauge this situation better.

 

 

Edited April 17, 2019 by ds2

[payxibka 10,048]

Are you sure you are filing aos on June 3?  I doubt you will have all the required civil documents (certified marriage certificate for one) at that time .  

 

You are allowed to change jobs and improve your life while in the process. 

[geowrian 22,338]

I doubt the short unemployment issue will raise any concerns about your ability to sponsor. However, it sounds like you plan to file AOS during that unemployed period. As such, your current income at the time you file will be $0, which obviously is not sufficient. An offer letter is not income. I suggest waiting until you are actually employed again to file.

Edited April 17, 2019 by geowrian

[K1visaHopeful 2,938]

  On 4/17/2019 at 1:20 PM, ds2 said:

Hello Everyone,

 

I need some help regarding my current situation. I'm currently working and making way over the income requirement for i-864, I've filed my 2018 taxes as well last week. My fiance and I are getting married on June 2, 2019 and filing AOS on June 3, 2019. 

 

I have quit my job and my last day is May 1, 2019 and I have an offer letter from another company where I make even more than my previous company and the offer letter mentions my joining date as June 17, 2019.

 

I want to know if me being unemployed for a month and a half is going to be a big issue in terms of the AOS application? Will I need a co-sponsor (I would like to avoid that)? I have been working without any break since the last 5 years so will the pay stubs from during this period and my IRS transcripts and the offer letter stating my joining date and new revised salary be enough for the AOS application? 

 

Any advice is welcome and thank you so much for help in advance!

 

Please let me know if any more information is required from my end to gauge this situation better.

 

 

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You would only be able to use your 2018 tax income.

Any former employment income could not be counted as 1. Yes, you have 6 months of paystubs but 2. No, you would not have an employment letter stating you still work for them.

Any upcoming employment income could not be counted as 1. You do have an employment letter stating your predicted income but 2. You dont have 6 months worth of paystubs to back it up.

Regardless if you meet the mark on your taxes alone that is fine. Just leave the employment income and evidence out of it for the initial AOS application. You can always bring a new I864 with updated info/supporting documents to your interview.

[Crazy Cat 43,012]

I would wait to file until after June 17th, so as to have an accurate employment document to show current income......

[USS_Voyager 1,972]

I agree that you should file the AOS after you starts on the new job. That way, you can (correctly) claim that you're are employed and your salary is XYZ, with the papers to back that up. The one month or so gap is not an issue. 

[geowrian 22,338]

  On 4/17/2019 at 1:36 PM, K1visaHopeful said:

Just leave the employment income and evidence out of it for the initial AOS application. You can always bring a new I864 with updated info/supporting documents to your interview.

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This is possible, but I would expect an RFIE to be the result. This will slow down the issuance of the EAD and/or AP as well. The RFIE process usually takes longer than the 2 weeks wait to file with a proper I-864 in the OP's case.

[ds2 101]

  On 4/17/2019 at 1:23 PM, payxibka said:

Are you sure you are filing aos on June 3?  I doubt you will have all the required civil documents (certified marriage certificate for one) at that time .  

 

You are allowed to change jobs and improve your life while in the process. 

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@payxibka I agree, getting the civil documents may take a week or more so we'll probably file around mid-June then.

 

  On 4/17/2019 at 1:23 PM, geowrian said:

I doubt the short unemployment issue will raise any concerns about your ability to sponsor. However, it sounds like you plan to file AOS during that unemployed period. As such, your current income at the time you file will be $0, which obviously is not sufficient. An offer letter is not income. I suggest waiting until you are actually employed again to file.

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Yes, we will be fiiling for AOS during the unemployed period and the current income will be $0. We will need to wait for the civil documents like the certified marriage certificate anyway as per @payxibka's advice, so we can file around mid-June which is when I will start my new job however, even then what proof would I submit? I would still not have a pay stub from my new job? Do you suggest I wait for another month and file mid-july instead but I feel like that's delaying my fiance's EAD which we would like to avoid

 

  On 4/17/2019 at 1:36 PM, K1visaHopeful said:

You would only be able to use your 2018 tax income.

Any former employment income could not be counted as 1. Yes, you have 6 months of paystubs but 2. No, you would not have an employment letter stating you still work for them.

Any upcoming employment income could not be counted as 1. You do have an employment letter stating your predicted income but 2. You dont have 6 months worth of paystubs to back it up.

Regardless if you meet the mark on your taxes alone that is fine. Just leave the employment income and evidence out of it for the initial AOS application. You can always bring a new I864 with updated info/supporting documents to your interview.

Expand  

 

  On 4/17/2019 at 3:09 PM, geowrian said:

This is possible, but I would expect an RFIE to be the result. This will slow down the issuance of the EAD and/or AP as well. The RFIE process usually takes longer than the 2 weeks wait to file with a proper I-864 in the OP's case.

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Yes I feel that filing with just 2018 taxes could lead to RFE and delay the process which is what we are trying to avoid here

 

[ds2 101]

  On 4/17/2019 at 2:04 PM, USS_Voyager said:

I agree that you should file the AOS after you starts on the new job. That way, you can (correctly) claim that you're are employed and your salary is XYZ, with the papers to back that up. The one month or so gap is not an issue. 

Expand  

 

  On 4/17/2019 at 1:42 PM, missileman said:

I would wait to file until after June 17th, so as to have an accurate employment document to show current income......

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I agree too but even if we file on June 17th or June 18th, what proof would we have? We would still have just the offer letter and no pay stub? And I don't think the company would be willing to give an employment letter in the first week of job? So we would still be stuck

 

[Crazy Cat 43,012]

  On 4/17/2019 at 4:56 PM, ds2 said:

 

I agree too but even if we file on June 17th or June 18th, what proof would we have? We would still have just the offer letter and no pay stub? And I don't think the company would be willing to give an employment letter in the first week of job? So we would still be stuck

 

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After you start your new job, ask the HR department to provide a letter showing current employment.

[K1visaHopeful 2,938]

  On 4/17/2019 at 3:09 PM, geowrian said:

This is possible, but I would expect an RFIE to be the result. This will slow down the issuance of the EAD and/or AP as well. The RFIE process usually takes longer than the 2 weeks wait to file with a proper I-864 in the OP's case.

Expand  

Not necessarily if she has 3 years of stable (meets the 125%) income to report with income tax amounts. The new employment might not even come into question as she would be reporting tax income and not current income. 

She could update the I864 with current income if it was to her benefit at the interview which would give her plenty of time to get 6 months of paystubs under her belt.

Edited April 17, 2019 by K1visaHopeful

[Crazy Cat 43,012]

  On 4/17/2019 at 4:59 PM, K1visaHopeful said:

Not necessarily if she has 3 years of stable (meets the 125%) income to report with income tax amounts. The new employment might not even come into question as she would be reporting tax income and not current income. 

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Current income always comes into question.

[Crazy Cat 43,012]

  On 4/17/2019 at 4:59 PM, K1visaHopeful said:

Not necessarily if she has 3 years of stable (meets the 125%) income to report with income tax amounts. The new employment might not even come into question as she would be reporting tax income and not current income. 

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Past income is irrelevant if the sponsor is unemployed.......current and future income sufficient to support the new immigrant is key, imo.

[K1visaHopeful 2,938]

  On 4/17/2019 at 5:00 PM, missileman said:

Current income always comes into question.

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Sorry? Explain that.

An employment verification letter and 6 months is an option, not a requirement.

[Crazy Cat 43,012]

  On 4/17/2019 at 5:02 PM, K1visaHopeful said:

Sorry? Explain that.

An employment verification letter and 6 months is an option, not a requirement.

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A sponsor cannot support a new immigrant if he/she is unemployed...........future income is THE factor in determining whether or not the immigrant will become a public charge.