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Cata&Ben

What is the best way to handle this problem

By Cata&Ben in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Cata&Ben Enthusiast

Cata&Ben   199

Posted
Filed: Citizen (apr) Timeline
Posted

The issue is that my husband was laid off this week and I have the AOS interview in two weeks.

My husband´s contract terminates on the 31st of December. 

what is the best way to handle this problem?

He has a severage package for 4 months. 

I dont have a sponsor.

 

Thanks for your help

Cata

 

Boiler Grand Master

Boiler   46,043

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
18 minutes ago, Cata&Ben said:

The issue is that my husband was laid off this week and I have the AOS interview in two weeks.

My husband´s contract terminates on the 31st of December. 

what is the best way to handle this problem?

He has a severage package for 4 months. 

I dont have a sponsor.

 

Thanks for your help

Cata

 

Easiest would  be to get a joint sponsor.

“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.”

Crazy Cat Grand Master

Crazy Cat   42,215

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
33 minutes ago, Cata&Ben said:

The issue is that my husband was laid off this week and I have the AOS interview in two weeks.

My husband´s contract terminates on the 31st of December. 

what is the best way to handle this problem?

He has a severage package for 4 months. 

I dont have a sponsor.

 

Thanks for your help

Cata

 

You will need a qualified sponsor......

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Boiler Grand Master

Boiler   46,043

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
4 minutes ago, Cata&Ben said:

I dont have a sponsor.

This is not an option.

Cata

Your Husband is always your sponsor.

“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.”

Boiler Grand Master

Boiler   46,043

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Assets?

“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.”

carmel34 Experienced

carmel34   3,655

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted
1 hour ago, Cata&Ben said:

The issue is that my husband was laid off this week and I have the AOS interview in two weeks.

If you can't get a joint sponsor, the best alternative would be for your husband to find another job before the AOS interview.  He has two weeks.  In many parts of the country where unemployment is at record lows, it should be possible depending on the type of jobs he is qualified for.  Good luck!

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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
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Posted (edited)
33 minutes ago, Cata&Ben said:

How do we make my husband a qualified sponsor again if he doesnt have a job income after 31st of december ..?

Thansk 
Cata

We heard you twice the first time.

 

The petitioner USC, your husband, is always the primary sponsor. That is how the AOS requirements are written. If the primary sponsor has to demonstrate that you will not become a public charge. You have to be financially stable enough to support yourself as a Legal Permanent Resident (LPR). If the primary sponsor does not have the financial capability, either through income or assets to meet this obligation, then you will have to seek other people to be a secondary sponsor, or sponsors, that in addition to the primary sponsor, will be able to demonstrate that you will not become a public charge. If this is not possible then you cannot adjust status, and you should consider moving back to your home country. The AOS financial requirements are pretty cut and dry.  I apologize, I am not trying to paint a bad  picture for you, but that is what it is.

 

Hopefully your husband can find a job within the next two weeks.

 

Good luck on your immigration journey, and Happy Holidays !!

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Cryssiekins Proficient

Cryssiekins   976

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
3 hours ago, Cata&Ben said:

I dont have a sponsor.

This is not an option.

Cata

Your husband is the sponsor.  He has to be.  If he doesn’t qualify, you need to get a joint sponsor, rely on assets (liquidated), have him find another job ASAP, or forfeit the AoS, and move back home.  

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geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
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Posted

Technically...a new I-864 is not required for the interview even if there is a change in circumstances. However, the practicality is that they tend to ask if there are any changes/updates to any forms and/or ask what somebody does for employment. If they learn of a change like that, they would almost certainly ask for a new I-864 at that point. It would be wise to have a new one with you to avoid an RFE afterwards.

 

Failure to respond to the RFE - or an insufficient response - will result in a denial. I highly suggest looking for a joint sponsor, or at least having the primary sponsor find some sort of employment before then.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 minute ago, DesiJase said:

Can you request an extension maybe? 

USCIS policy is that "good reason" is required to reschedule an interview. If the IO determines that the reason does not meet that standard, they are to adjudicate the application without an interview (if it is missed).

RFE deadlines are not extended (in the event they go to the interview and get an RFE for a new I-864).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
20 hours ago, Cata&Ben said:

The issue is that my husband was laid off this week and I have the AOS interview in two weeks.

My husband´s contract terminates on the 31st of December. 

what is the best way to handle this problem?

He has a severage package for 4 months. 

I dont have a sponsor.

 

Thanks for your help

Cata

 

You husband need to find new employment ASAP. If you can find a cosponsor in the next 2 weeks then do that if you can not then just go to interview. Do not volunteer the information unless asked.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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