My wife (the sponsor) wants to quit her job while waiting for the interview

[Mike E 11,742]

39 minutes ago, Timona said:

 

I don't think you can 100% sponsor yourself..your income can be added and a new I-864 drafted to reflect that your income is being included together with another USC, be it your wife or whoever. 

The concept is that the petitioner remains the sponsor and includes all joint income.  
 

Getting a joint sponsor is easier said than done.  I’ve been asked and refused to do it.  
 

Simplest is that the petitioner keeps working 

[Salmon777 3]

11 minutes ago, Timona said:

 

Simplest is just get a joint sponsor as was already mentioned. Take easy way out 

If only those sponsors were growing on the trees))) I have no clue how people get them. My wife is LPR we do not have relatives in the US. Just a few friends, I think I will just confuse them if ask them about sponsorship. It's a mystery to me, how people get sponsors, or at least always suggest it as the easiest option.

 

Also my wife wants to start her IT company (that's one of the reason she wants to quit). We were thinking, if she can pay herself a salary from her savings (self-funding), as being the owner and the employee at the same time at her own company? Is this fine if she would demonstrate this as the income. Another option, we do not know, if she can just use her savings account and the investment account as the proof that she has sufficient amount of money, at least for the year of not working elsewhere.

Edited September 7, 2022 by Salmon777

[Mike E 11,742]

31 minutes ago, Salmon777 said:

If only those sponsors were growing on the trees))) I have no clue how people get them. My wife is LPR we do not have relatives in the US. Just a few friends, I think I will just confuse them if ask them about sponsorship.

I think it will repel them.  
Especially considering the reason your wife wants to stop working has evolved from being home for her child to wanting to start a business 

 

Quote

 

It's a mystery to me, how people get sponsors, or at least always suggest it as the easiest option.

“Let them eat cake”

 

Quote

 

Also my wife wants to start her IT company (that's one of the reason she wants to quit). We were thinking, if she can pay herself a salary from her savings (self-funding), as being the owner and the employee at the same time at her own company?

Seems sketchy to me if she is the primary investor in a corporation that is losing money 

Quote

 

Is this fine if she would demonstrate this as the income. Another option, we do not know, if she can just use her savings account and the investment account as the proof that she has sufficient amount of money, at least for the year of not working elsewhere.

She needs liquid assets equally to at least 3 times the required income.  

[Timona 4,208]

Tell your wife to hang tight till after your interview.

[Family 4,254]

22 hours ago, Salmon777 said:

she wants to sit with our 6m old baby

Get a job offer letter and use that to request expedite of your EAD .

 

Make the request to a friend to step in as Joint Sponsor ( if needed) at last minute. If you don’t have a friend close enough, see if mom /dad /uncle / auntie have “old school “ immigrant friends in the US … that help each other for the asking..

 

SUPPORT your wife’s decision to be home w baby for as long as she wants…you get a job and make it your task to make the Joint Sponsor happen…IT WILL. Good Luck

[Salmon777 3]

On 9/8/2022 at 12:45 AM, Family said:

Get a job offer letter and use that to request expedite of your EAD .

 

Make the request to a friend to step in as Joint Sponsor ( if needed) at last minute. If you don’t have a friend close enough, see if mom /dad /uncle / auntie have “old school “ immigrant friends in the US … that help each other for the asking..

 

SUPPORT your wife’s decision to be home w baby for as long as she wants…you get a job and make it your task to make the Joint Sponsor happen…IT WILL. Good Luck

Thank you so much. You are the first person, who understands the problem in it's emotional nature. Moms want to sit with the babies! It's an animal instinct. I support my wife's decision and will do my best.     About EAD expedite. I've been recently approached by US HR recruiter, who saw my linkedin page, and we had short phone interview. At the end he asked me about my work permit situation. I replied that maybe I will get EAD in a month or so (although in reality it can be much longer, it is 8months waiting time according to USCIS @80% of cases). So the HR replied like, please contact me ASAP as you get EAD and then we are talking (no further interview, no job offer), even-though I was told my CV is a perfect match for the position.      So, can I use the private mailing with HR as a ground for the expedite request for EAD?    If not, could you suggest me, how can I get the job offer, or make HRs admit me for the technical interviews at least?  Thank you.    So, is it allowed at all, to look for the job in US, while EAD is pending? Cause It implies that I have to answer the question about EAD (and I guess, lying about EAD to HRs is a bad practice). How would you deal with this loop?

Edited September 9, 2022 by Salmon777

[Mike E 11,742]

You don’t have a job offer.  
 

Your assertion that we don’t understand the emotional need of a parent to be with their child is erroneous, at least in my case.   However,

 

1. You also said that she wants to start a company. This doesn’t jibe at all.
 

Starting a company is a 120 hour a week job.  Operating a company is an 80 hour a week job.  I’ve been in a startup while I had little kid. For the 3 weeks I had that job I saw my daughter only on weekends (and not for the entire day, as working was required) because  she was still sleeping when I left and back to sleep when I returned from work.  
 

2. Assuming you are the other parent to your wife’s child that emotional need applies equally to you. Take advantage of this time.  Kids literally hit age 18 in eye blink: when you kid graduates from high school you will wonder at how fast it happened. I play with my 7 month old grand kid and think it was just yesterday when I was doing  the same with his mom.  
 

3. guilting you into getting a job when this isn’t in your control is unfair to you.  
 

4. Her quitting her job while you are in the midst of an I-485 is even more unfair to you.  
 

5. Being advised on this thread to grovel to your friends and acquaintances to get a joint sponsor is the least unfair.  

I got my gc through marriage and I appreciate the pressures you are under even though my adjustment of status process was 100s of times faster than yours.  But even a few hours of uncertainty is gut wrenching. 
 

I am out. Good luck. I wish you well and I hope the world treats you better moving forward.  

 

[Family 4,254]

6 hours ago, Salmon777 said:

So, can I use the private mailing with HR as a ground for the expedite request for EAD?    If not, could you suggest me, how can I get the job offer, or make HRs admit me for the technical interviews at least?  Thank you.    So, is it allowed at all, to look for the job in US, while EAD is pending? Cause It implies that I have to answer the question about EAD (and I guess, lying about EAD to HRs is a bad practice). How would you deal with this loop

You don’t have an offer based on the preliminary back / forth emails. Looking for employment, you would disclose EAD is pending and if they want you they can make offer conditional on EAD , what they write in offer depends on employer….there is no lying involved.

 

You still need to have a Joint Sponsor ready just in case . If you solve that bit of the puzzle, there is no dilemma .

 

No matter what you choose to do, hope you stay engaged and keep posting….

 

[Salmon777 3]

On 9/9/2022 at 4:37 PM, Mike E said:

4. Her quitting her job while you are in the midst of an I-485 is even more unfair to you.  

She's been working during her whole pregnancy, and only got 3 month for fmla leave after the birth. Now she is forced to work 17 months more, just because of those insane processing time. Well, that's unfair. Yes, she hates her job, and just wants to leave for whatever reason. Both baby siting and doing her moonlighting business IT project are great things to do and can be combined as far as she enjoys it.  I blame only myself, because I am a looser who didn't managed to find a sponsor, or earn enough money to make satisfying assets, and yes, I also did not foreseen that she had to work during the whole processing time. We thought somehow, once we've done with the application, that's it. I can blame only myself.

Edited September 10, 2022 by Salmon777

[Happymallymute 50]

1 hour ago, Salmon777 said:

I blame only myself, because I am a looser who didn't managed to find a sponsor, or earn enough money to make satisfying assets, and yes, I also did not foreseen that she had to work during the whole processing time. We thought somehow, once we've done with the application, that's it. I can blame only myself.

Whoa, I don't know where this is coming from. Cultural difference? Either way, you're NOT a "loser" because you didn't "manage" to find a sponsor... There's a reason why the USC spouse in marriage 485s are the primary sponsors in 864s.

 

You're literally married and pledged to support each other, and that includes financial burdens. It's not YOUR sole job to find a sponsor, it's a joint effort between you two. 

 

I'm sorry that she "hates" her job and has worked through her pregnancy only to find that she has to keep working, but that's the situation you two are in together as partners and parents. Please stop thinking like you've committed a great crime by immigrating here and being stuck in line. It's not going to do your mental health any favors.

 

Take the advice already given here - you don't have to lie to HR about your status. Many offers may not come when employers don't want to wait, but some will. Your job right now is to find that job and ask for a 765 expedite. 

 

[Salmon777 3]

Quote from instructions for i-864.

"Item Number 10. Total Value of Assets. In order to qualify based on the value of your assets, the total value of your
assets must equal at least five times the difference between your total household income and the current Federal Poverty
Guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or child age
18 years of age or older, the total value of your assets must only be equal to at least three times the difference

"

Am I correct in the following?

1) Am I correct, that the above means, for LPR petitioner, the difference has to be 5 times?

2) Am I correct, that the above considers 100% of HHS Poverty Guidelines, not 125% of HHS Poverty Guidelines? Because 125% is not mentioned in this rule.

3) If both 1) and 2) are correct, then for LPR petitioner case, with zero current income, with HHS of 3 the following is true:

According to https://www.uscis.gov/i-864p, for HHS of 3, 100% of HHS: $23,030

So, the Total Value of Assets must be more than $23,030*5 = $115,150

[Family 4,254]

1. Yes 5x for LPR petitioner 

 

2. 125% to everyone except military so don’t look at 100%

[Salmon777 3]

On 9/10/2022 at 11:39 PM, Family said:

125% to everyone except military so don’t look at 100%

Thank you for reply. Then the assets formula for our case is    5* ( "125%HHS of 3"  - current income)

In the case of zero current income it equals: 5 * ( "125%HHS of 3"  - current income) = 5 * ( $28787  - 0) = $143935

1) In instructions for i-864, it is stated that "... have enough income and/or assets". As I understand this "OR", it means that the sponsor can use the assets as the only means of the affidavit if they are sufficient. Am I correct ?

2) If the first it true, this means that the sponsor can be unemployed, and the affidavit is successful as long as sufficient assets are shown. Am I correct?

I haven't found any explicit statement in the instructions that the sponsor has to be currently employed in any circumstance.

Edited September 14, 2022 by Salmon777

[Chancy 6,243]

6 minutes ago, Salmon777 said:

If the first it true, this means that the sponsor can be unemployed, and the affidavit is successful as long as sufficient assets are shown.

 

Not necessarily.  Meeting the minimum requirement just means it can be considered, not that it will automatically be approved.  Based on the circumstances of the case, the USCIS officer may decide not to accept the assets as sufficient and may require a joint sponsor.

 

[CaLi90 56]

On 9/6/2022 at 6:42 PM, Salmon777 said:

Our case is I-485(AOS) family-based, was submitted in June 2022 together with I-864 affidavit of support.  
The questions: my wife (the petitioner and the sponsor) wants to quit her job, and do not work for a about 6-12months while we are waiting for the interview invitation.
Can this negatively affect our interview and our case?
Do they ask for any documents regarding the current income and active job on interview?
All was fine for the moment of our application, but is the sponsor expected to maintain her sufficient income during the whole processing time (which is around 20months for our field office)?

 

Details: My wife, LPR, is the only sponsor. She has been working in USA for more than 2 years, having a decent annual salary that is several times higher than the poverty guideline. For the form I-864 she showed with her tax report this decent situation for the year 2021. We estimated, that even if she quits right now in September, her income for this year 2022 is far above the guideline. She wants to quit and do not plan to work for about a 6-12months, because she wants to sit with our 6m old baby. Our family can live on her savings for about the same amount of time. I am ready to start the work as soon as I got the work permit (but still waiting).

 

I am highly grateful for any answers and suggestions.

 

Hi there,

 

I completely understand your wife wanting to be with the new baby, I would want to also.
 

The issue that I see with her quitting her job, is what happens if you get the AOS interview much quicker than currently estimated. Here in NYC it was at the 15 month mark on the USCIS website, however I got my interview within 7 months and I didn’t get my work permit approved before this. So if the same thing happens to you before you get your EAD approved and as quickly as this, then you may be in a tricky situation. 
 

Like others have said on here, if this is the path you both want to take then a joint sponsor is your best option. It’s not always easy to find one of course, and I see you talking about using assets, that’s another good idea if you have enough but totally up to the officer whether they’re happy to use assets for your situation. If you are going to try to expedite the EAD with a job offer as others have suggested then I hope this works out for you and that you build enough months in pay stubs before the interview. 
 

Really wish you both the best and good luck with everything!