HELP PLEASE....I am the USC.. I was laid off from my job....

[Cris 0]

I need anybody's help!!!! I need to do the Adjustment of Status (AOS) for my husband , who came on a K1 Visa. We got maried, but now I have not a job , because I was laid off from the one I had. I am looking for employment at the moment.I was making pretty good money in my job, (have my 2005 taxes). Can someone help???? ....What happens if the AOS is done or introduced closed to or after the 90 days of my husband's entrance to the US have passed?????????? We are really nervous about this issue .....Even though I have heard it is OK if the AOS is introduced days after the 90 days have passed, we do need some help on this issue!!!! We appreciate it!!!! Thanks for your replies!!!! Cris

[Jenn! 918]

For each day past the 90 day limit your husband will accumulate time "out of status". 180 days out of status can lead to major problems down the road. That's not to say that you should push that number and wait 6 months to send in your AOS application. The sooner the better.

Now for the job situation. You need to either find a cosponsor ASAP, or a job with an annual salary above poverty level. Your earnings indicated by your 2005 taxes unfortunately will not substitute for current employment. Any job will do. Just something that meets the requirement and that you can use to fill out the I-864 affidavit of support. If you change jobs again between the time you sent in your application and your interview, you'll need a new affidavit of support.

Best of luck to you!

[Cris 0]

Than you for your reply!!!.....So ..in a few words you meant....1- Get any job that fullfill the requirements ASAP....2-If some days pass after the 90 days ( to do the AOS) it is ok ( but , don't wait until you reach 180 days!!!! ) and try to do it ASAP!!!!...????????...WE just need to have some peace of mind regarding my husband NOT being OUT OF STATUS in case we send the AOS application close or after the 90 day period. Thanks for any reply.

Cris

For each day past the 90 day limit your husband will accumulate time "out of status". 180 days out of status can lead to major problems down the road. That's not to say that you should push that number and wait 6 months to send in your AOS application. The sooner the better.

Now for the job situation. You need to either find a cosponsor ASAP, or a job with an annual salary above poverty level. Your earnings indicated by your 2005 taxes unfortunately will not substitute for current employment. Any job will do. Just something that meets the requirement and that you can use to fill out the I-864 affidavit of support. If you change jobs again between the time you sent in your application and your interview, you'll need a new affidavit of support.

Best of luck to you!

[Cris 0]

Than you for your reply!!!.....So ..in a few words you meant....1- Get any job that fullfill the requirements ASAP....2-If some days pass after the 90 days ( to do the AOS) it is ok ( but , don't wait until you reach 180 days!!!! ) and try to do it ASAP!!!!...????????...WE just need to have some peace of mind regarding my husband NOT being OUT OF STATUS in case we send the AOS application close or after the 90 day period. Thanks for any reply.

Cris

QUOTE(jenn3539 @ Apr 13 2006, 04:20 PM)

For each day past the 90 day limit your husband will accumulate time "out of status". 180 days out of status can lead to major problems down the road. That's not to say that you should push that number and wait 6 months to send in your AOS application. The sooner the better.

Now for the job situation. You need to either find a cosponsor ASAP, or a job with an annual salary above poverty level. Your earnings indicated by your 2005 taxes unfortunately will not substitute for current employment. Any job will do. Just something that meets the requirement and that you can use to fill out the I-864 affidavit of support. If you change jobs again between the time you sent in your application and your interview, you'll need a new affidavit of support.

Than you for your reply!!!.....So ..in a few words you meant....1- Get any job that fullfill the requirements ASAP....2-If some days pass after the 90 days ( to do the AOS) it is ok ( but , don't wait until you reach 180 days!!!! ) and try to do it ASAP!!!!...????????...WE just need to have some peace of mind regarding my husband NOT being OUT OF STATUS in case we send the AOS application close or after the 90 day period. Thanks for any reply.

Cris

QUOTE(jenn3539 @ Apr 13 2006, 04:20 PM)

For each day past the 90 day limit your husband will accumulate time "out of status". 180 days out of status can lead to major problems down the road. That's not to say that you should push that number and wait 6 months to send in your AOS application. The sooner the better.

Now for the job situation. You need to either find a cosponsor ASAP, or a job with an annual salary above poverty level. Your earnings indicated by your 2005 taxes unfortunately will not substitute for current employment. Any job will do. Just something that meets the requirement and that you can use to fill out the I-864 affidavit of support. If you change jobs again between the time you sent in your application and your interview, you'll need a new affidavit of support.

I need anybody's help!!!! I need to do the Adjustment of Status (AOS) for my husband , who came on a K1 Visa. We got maried, but now I have not a job , because I was laid off from the one I had. I am looking for employment at the moment.I was making pretty good money in my job, (have my 2005 taxes). Can someone help???? ....What happens if the AOS is done or introduced closed to or after the 90 days of my husband's entrance to the US have passed?????????? We are really nervous about this issue .....Even though I have heard it is OK if the AOS is introduced days after the 90 days have passed, we do need some help on this issue!!!! We appreciate it!!!! Thanks for your replies!!!! Cris

[sjoefl01 1]

I don't remember a 90 day counter on AOS. I thought the 90 day drop dead deadline was to marry after you exercise the K1 visa.

I was under the impression that everybody wanted to rush the AOS so that they could work, travel, drive, and enter the Social Security system.

I thought that you were entitled to stay in the country based on the fact that your were the spouse of a USC and that you had satisfied the terms of the K1 ( marriage within 90 days ). Are you saying that the spouse of a USC could be deported solely based on a late adjustment of status?

[moondancer627 0]

I don't remember a 90 day counter on AOS. I thought the 90 day drop dead deadline was to marry after you exercise the K1 visa.

I was under the impression that everybody wanted to rush the AOS so that they could work, travel, drive, and enter the Social Security system.

I thought that you were entitled to stay in the country based on the fact that your were the spouse of a USC and that you had satisfied the terms of the K1 ( marriage within 90 days ). Are you saying that the spouse of a USC could be deported solely based on a late adjustment of status?

I was under the impression that once you married you were not obligated to a time limit for filing the AOS as long as the US citizen was able to sponsor the non-US spouse. I filed about 60 days passed my husband's K-1 expire date since we were waiting to send in 05 tax returns. I know you will need to show proof of employment once again with a letter from an employer stating work history with the company. This could be an issue since you go laid off, I would say try to get any jobs out there even if it's temporary. I know I work 4 jobs and as long as I am making above the poverty level requirement we are okay. The government doesn't care how you get the $ ....

Good Luck,

Moondancer

[Kajikit 65]

My husband lost his job when we were about to file for AOS... so we put it on the back burner and waited until he got a new one and then got new employment information etc and sent in the AOS then. We filed our AOS more than two months after my I-94 ran out and it was no problem at all.

I know it's stressful and worrying for this to happen now, but it's not the end of the world! Nobody's going to come along and deport your husband because you're unemployed. Concentrate on finding a new job and then you can file the paperwork as soon as you've got one...