AOS impossible for us

[Habibati & Habibi 21]

Hello VJs

I arrived to the US on a K1 visa  yet my wife is umemployed right now, we got married beginning of this december and my visa is going to expire this february 4th, so I would like to ask

if my wife God forbide will not be able to have  a job by this time and we will not be able to ajdust our status (we dont have a co-sponsor) will I be illegale in the country?

does any one have ideas how to adjust our status in similar cases? how can I get jobs for cash? how to start?

it is so frustrating to see my wife down all the time and not having a job.

I would welcome any suggestions or help.

thank you

 

[RJandHamid 1,128]

Was your wife your sponsor for the I-134 at your K1 interview? You will be out of status if you don't file AOS, however many others have waited months or years to file and still were able to adjust just fine later on. You cannot work until you receive your work authorization, which is usually filed along with the I-485 AOS paperwork. Working for cash is also not legal for you, and if you were to do this and USCIS found out about it, it could lead to trouble in the later part of the AOS process. It currently takes around 3-4 months to receive work authorization.

 

Your options now are for your wife to find a job or for you to find a co-sponsor. There's really no way around this.

[EandH0904 1,184]

You cannot work for cash. Working before you AOS is illegal and visa fraud. 

 

Your wife will just have to try harder to get a job - I know jobs can be tough, but desperate times call for desperate measures right? I mean she can do something like work at McDonalds or at a retail store as a cashier or SOMETHING to help get you through until she can find something that pays better for her. 

 

Maybe you can borrow money from friends or family to file your AOS so you can get working faster? 

[Happytobe 164]

You need to get your AOS package submitted. Please, do not work without your EAD. There can be some awful consequences for that. The AOS package can be submitted after your 90 days from entry, however, your status will be in “limbo” - for lack of a better word at the moment.

 

I’m sorry for the situation, but that is definitely one of the huge drawbacks of the K-1 Visa.  Where there’s a will there’s a way. Best of luck 

[JFH 12,189]

Well, to too late now but you knew you wouldn't be able to work until you file for AOS and receive your EAD. Your wife will have to get a job somewhere. I've never driven past a McDonald's that didn't have a "help wanted" sign outside. What about delivering for Dominos or Amazon? It seems they are always looking for people. She could drive for Uber. Many of their female customers prefer to have a female driver. Necessity is the mother of invention. 

[geowrian 22,335]

Anybody you know (relative or not) in the US that can be a joint sponsor?

[N-o-l-a 7,167]

She needs to apply for any jobs at this point: cleaning houses, fast food, retail (this would have better to do before Christmas),  etc.  There are a couple of call centers south of you that hire especially for the pre-Valentine's day rush for flowers - that might be a good option.  Your overstay will be forgiven after the expiration of your I-94 once you do file for AOS.  

[Habibati & Habibi 21]

19 hours ago, EandH0904 said:

You cannot work for cash. Working before you AOS is illegal and visa fraud. 

 

Your wife will just have to try harder to get a job - I know jobs can be tough, but desperate times call for desperate measures right? I mean she can do something like work at McDonalds or at a retail store as a cashier or SOMETHING to help get you through until she can find something that pays better for her. 

 

Maybe you can borrow money from friends or family to file your AOS so you can get working faster? 

thanks for the answer,

what do you mean by I can borrow money from friends or family to file for AOS, you mean the fees for application of AOS? could you please explain more to me

thank you

[Habibati & Habibi 21]

19 hours ago, RJandHamid said:

Was your wife your sponsor for the I-134 at your K1 interview? You will be out of status if you don't file AOS, however many others have waited months or years to file and still were able to adjust just fine later on. You cannot work until you receive your work authorization, which is usually filed along with the I-485 AOS paperwork. Working for cash is also not legal for you, and if you were to do this and USCIS found out about it, it could lead to trouble in the later part of the AOS process. It currently takes around 3-4 months to receive work authorization.

 

Your options now are for your wife to find a job or for you to find a co-sponsor. There's really no way around this.

yes my wife was my sponsor for the I-134 but after I got the visa and and start prparing my coming she lost her job , the person she worked for died so force major.

what to do now?

[geowrian 22,335]

49 minutes ago, Habibati & Habibi said:

what do you mean by I can borrow money from friends or family to file for AOS, you mean the fees for application of AOS? could you please explain more to me

You can borrow money for the fees to apply for AOS, if needed. You can use a joint sponsor to qualify for financial requirements (both her and the joint sponsor would provide an I-864).

Edited December 30, 2017 by geowrian

[Habibati & Habibi 21]

12 minutes ago, geowrian said:

You can borrow money for the fees to apply for AOS, if needed. You can use a joint sponsor to qualify for financial requirements (both her and the joint sponsor would provide an I-864).

thank you for the answer,

I stated that it is impossible for us to have a co-sponsor and she is unemployed and cannot find a job , she did apply for so many jobs but not got hired so far

the fees for applying is not a problem for us, it is how to show financial ability as a petitioner to sponsor the beneficiary.

is there a way how to adjust status as unemployed but not having a co-sponsor and not having a assets and no savings.

 

[geowrian 22,335]

2 minutes ago, Habibati & Habibi said:

I stated that it is impossible for us to have a co-sponsor and she is unemployed and cannot find a job , she did apply for so many jobs but not got hired so far

the fees for applying is not a problem for us, it is how to show financial ability as a petitioner to sponsor the beneficiary.

is there a way how to adjust status as unemployed but not having a co-sponsor and not having a assets and no savings.

Well, you actually said you don't have a co sponsor (should be called a "joint sponsor" here anyway), not that you are unable to find one.

 

There is no way to adjust without meeting the I-864 requirements. This is a strict requirement of the INA for family-based immigration.

[Habibati & Habibi 21]

9 minutes ago, geowrian said:

Well, you actually said you don't have a co sponsor (should be called a "joint sponsor" here anyway), not that you are unable to find one.

 

There is no way to adjust without meeting the I-864 requirements. This is a strict requirement of the INA for family-based immigration.

thank you for the answer

[CEE53147 559]

1 hour ago, Habibati & Habibi said:

yes my wife was my sponsor for the I-134 but after I got the visa and and start prparing my coming she lost her job , the person she worked for died so force major.

what to do now?

 

 

You mean you came knowing she did not have a job?

[N-o-l-a 7,167]

33 minutes ago, Habibati & Habibi said:

 

is there a way how to adjust status as unemployed but not having a co-sponsor and not having a assets and no savings.

 

 

Nope.  If there are no jobs available in your locale, she might need to consider moving.