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Filed: AOS (apr) Country: Canada
Timeline
Posted

My husbands sponsor(my mother) died unexpectedly and now I do not know what to do in regards to the aos process and I can not find another sponsor.

can he file for ead and then sponsor himself later on?

Filed: AOS (apr) Country: Canada
Timeline
Posted
Yes, your husband's income can be included with your income on the affidavit - if it is verifiable and if it is from legal employment.

Have you already filed his adjustment?

No I have not.

Filed: Other Timeline
Posted

You don't have to stick with the sponsor you used for the K1.

If your income is insufficient to meet the criteria for filing, it's perfectly acceptable to use another sponsor.

But you must either sponsor your husband yourself, or locate another sponsor, to file the AOS. Your husband cannot obtain his EAD without a concurrent adjustment filing.

I'm sorry to learn about your Mother. I'm sure you don't need to be worrying about your husband's adjustment on top of mourning her.

Filed: AOS (apr) Country: Canada
Timeline
Posted

I'm really sorry to hear about your mom. :(

Any close friends that could help you by being a co-sponsor? Any assets?

I really really hate to sound morbid but will you be getting any life insurance money or inheritance that you could use towards the affidavit of support?

K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

Filed: AOS (apr) Country: Canada
Timeline
Posted
I'm really sorry to hear about your mom. :(

Any close friends that could help you by being a co-sponsor? Any assets?

I really really hate to sound morbid but will you be getting any life insurance money or inheritance that you could use towards the affidavit of support?

no no and no

and its not morid its just matter of fact

thank you everyone for your condolences

Filed: Other Timeline
Posted (edited)

We're trying to help.....

I guess we aren't understanding your question?

He can't file for his EAD without filing for AOS at the same time. They have to be filed concurrently.

Your husband's income could be used on the affidavit, but he has to have work authorization first, because for his income to count it has to be from legally authorized employment. Many people have filed for adjustment using a joint sponsor, and then 'switched' sponsors at the interview table IF the immigrant spouse has been able to find employment since the first affidavit was filed.

If you could find any sympathetic soul to be his co-sponsor, you might want to give this option a try. There's an element of risk to it (ie your husband finding work in time) but it is possible.

Edited by rebeccajo
 
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