The affidavit of support and transitioning between jobs

[cywrainide 21]

Hello!

 

I'm just collating more information to prepare for my intending AOS.  I have a few questions:

 

a) We intend to live in his parents' home for 6 months after I arrive, however he does not have any financial tie to his parents- they have their own income, he is not dependent on them and they are not dependent on him. Would we have to declare them under our household or not?

 

b) He intends to switch jobs right after I arrive to a more local job, and we have a budget of money that we are collating to keep. So here's the estimates: we'd have around 32000-34000 saved in the bank account around the time we file for the AOS, and we're planning on filing for the AOS almost right after we get married. However he wants to start his new job 2-3 weeks after our estimated date of sending the AOS in. Would it be rational to send the AOS in before he starts his new job and then inform USCIS about the job change, or wait til he enters the new job to boost the affidavit of support we'd send in with the package?

 

I'm sorry if these questions are redundant, but thank you for any incoming replies

[K1visaHopeful 2,872]

8 minutes ago, cywrainide said:

Hello!

 

I'm just collating more information to prepare for my intending AOS.  I have a few questions:

 

a) We intend to live in his parents' home for 6 months after I arrive, however he does not have any financial tie to his parents- they have their own income, he is not dependent on them and they are not dependent on him. Would we have to declare them under our household or not?

 

b) He intends to switch jobs right after I arrive to a more local job, and we have a budget of money that we are collating to keep. So here's the estimates: we'd have around 32000-34000 saved in the bank account around the time we file for the AOS, and we're planning on filing for the AOS almost right after we get married. However he wants to start his new job 2-3 weeks after our estimated date of sending the AOS in. Would it be rational to send the AOS in before he starts his new job and then inform USCIS about the job change, or wait til he enters the new job to boost the affidavit of support we'd send in with the package?

 

I'm sorry if these questions are redundant, but thank you for any incoming replies

1. Not included in household UNLESS they are your co-sponsors.

 

2. Savings is secondary. $34000 is worth $11k and would not meet the guidelines for 2 ppl.

Current employment earnings are paramount. I would not change jobs at all during the AOS process if you already meet the poverty guidelines (which you have not stated you do). If he doesnt have a current job or one that hes worked at for at least 6 months, you will need a joint sponsor.

Please elaborate on your CURRENT employment situation. Cannot answer until you do.

Edited July 9, 2019 by K1visaHopeful

[cywrainide 21]

6 minutes ago, K1visaHopeful said:

1. Not included in household UNLESS they are your co-sponsors.

 

2. Savings is secondary. $34000 is worth $11k and would not meet the guidelines for 2 ppl.

Current employment earnings are paramount. I would not change jobs at all during the AOS process if you already meet the poverty guidelines (which you have not stated you do). If he doesnt have a current job or one that hes worked at for at least 6 months, you will need a joint sponsor.

Please elaborate on your CURRENT employment situation. Cannot answer until you do.

Current employment situation is as such: He's been at the job for more than a year now, with yearly income expected at $50880 (actual total earnings average out to 42000). 

Edited July 9, 2019 by cywrainide

[cywrainide 21]

Also he plans to be unemployed for a month then go into the second job which would average out to 60k annual

[payxibka 10,047]

I would not let immigration dictate a decision that would improve your life situation.   If it is beneficial then you update the i864 at time of interview 

[K1visaHopeful 2,872]

50 minutes ago, cywrainide said:

Current employment situation is as such: He's been at the job for more than a year now, with yearly income expected at $50880 (actual total earnings average out to 42000). 

Apply for AOS using that current income in Question 7. Provide a current Employment Verification Letter from that job plus 6 months of paystubs. Ensure that job is ongoing as of AOS application though. We do not know if they call our employers but it's a huge possibility that they do. Them stating he no longer works there may signal an auto request for a joint sponsor meaning youd have to provide that before even been sent to your LFO to await an interview.

I'd say its risky to change jobs during AOS.

Your IO may interrogate you on any job changes since filing and if you haven't worked there long enough they may question the sponsor's financial stability and request a joint sponsor.

Keep in mind too that at some local field offices you may be interviewed as fast as 4 months so that would definitely not be enough time to prove this new job is stable. 

It will depend on what your IO thinks and decides though at your interview.

Edited July 9, 2019 by K1visaHopeful

[payxibka 10,047]

No job is stable,  one can be laid off or voluntarily quit the day after 

[K1visaHopeful 2,872]

2 hours ago, payxibka said:

No job is stable,  one can be laid off or voluntarily quit the day after 

And then likely a joint sponsor would be required. 

The instructions state that an Employment Verification letter stating start date, salary, full time/part time etc is a valid form of evidence of current income. So is 6 months worth of current paystubs.

So they are concerned with how long you've worked somewhere. 

Quitting or losing your job before or after filing AOS is a risk for that reason. 

[payxibka 10,047]

8 minutes ago, K1visaHopeful said:

And then likely a joint sponsor would be required. 

The instructions state that an Employment Verification letter stating start date, salary, full time/part time etc is a valid form of evidence of current income. So is 6 months worth of current paystubs.

So they are concerned with how long you've worked somewhere. 

Quitting or losing your job before or after filing AOS is a risk for that reason. 

Based on the logic of being laid or quitting would require joint sponsor, then everyone would require one.

[K1visaHopeful 2,872]

11 minutes ago, payxibka said:

Based on the logic of being laid or quitting would require joint sponsor, then everyone would require one.

I used the word "likely" as it would be up to the interviewer or up to the adjudicator reviewing the initial I864 prior to being sent to the LFO for the interview.

We cant say that a request for a JS would happen but we can only prepare for the worst based on what the instructions imply.

Edited July 9, 2019 by K1visaHopeful