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Change of job right before filing AOS

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Filed: K-1 Visa Country: Brazil
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Hello again people!

Well, here's our situation: my wife just lost her job this morning. We were about to send the AOS package. But the thing is: today was also going to be the day that she would give them her 2 week notice, because she found a way better job, with better payment that makes her beat the 125% mark by a lot. However, she will only start at this new job on January 9. All of our proof of income that we were going to send along with the I864 refers to the previous job.

My question is: what do we do? I want to file before December 23 to avoid the raises. And we only have until January 22, when my I-94 expires. At the same time I'm worried about sending an application during this gap between the old job and the new one. What do you think we should? Send some document regarding the new job (what kind of document?), avoid mentioning anything or wait?

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Filed: Citizen (apr) Country: Denmark
Timeline

Hello again people!

Well, here's our situation: my wife just lost her job this morning. We were about to send the AOS package. But the thing is: today was also going to be the day that she would give them her 2 week notice, because she found a way better job, with better payment that makes her beat the 125% mark by a lot. However, she will only start at this new job on January 9. All of our proof of income that we were going to send along with the I864 refers to the previous job.

My question is: what do we do? I want to file before December 23 to avoid the raises. And we only have until January 22, when my I-94 expires. At the same time I'm worried about sending an application during this gap between the old job and the new one. What do you think we should? Send some document regarding the new job (what kind of document?), avoid mentioning anything or wait?

You don't have to send AOS before the I-94 expires.

You can find a co-sponsor maybe?

Will add this I can't see anything wrong with filing now with the tax return and pay stubs (If this is above the poverty line of course) and if an interview comes or the want more evidence then I would send the new one with explanation of new job.

Edited by Georgia16

 

 

 

 

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Filed: K-1 Visa Country: Brazil
Timeline

You don't have to send AOS before the I-94 expires.

You can find a co-sponsor maybe?

Will add this I can't see anything wrong with filing now with the tax return and pay stubs (If this is above the poverty line of course) and if an interview comes or the want more evidence then I would send the new one with explanation of new job.

Wait, really? I don't have to send the AOS before the I-94 expires?

And you think there is no problem to go and file anyway with the same supporting documents from the old job? I mean, it is way above the poverty line and the new job will be even more, so that part is fine. I'mean just worried about this gap and the USCIS thinking she is unemployed and we are without source of income.

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Filed: Citizen (apr) Country: Denmark
Timeline

Wait, really? I don't have to send the AOS before the I-94 expires?

And you think there is no problem to go and file anyway with the same supporting documents from the old job? I mean, it is way above the poverty line and the new job will be even more, so that part is fine. I'mean just worried about this gap and the USCIS thinking she is unemployed and we are without source of income.

No you don't have to file before the I-94 expires :)

I see no problem filing with the stuff I wrote above but you might want to wait and see if any other have some to say there!

i mean the tax return are going to stay the same no matter what. I wouldn't put employment letter and that in the package though.

 

 

 

 

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Filed: K-1 Visa Country: Brazil
Timeline

No you don't have to file before the I-94 expires :)

I see no problem filing with the stuff I wrote above but you might want to wait and see if any other have some to say there!

i mean the tax return are going to stay the same no matter what. I wouldn't put employment letter and that in the package though.

What about sending the package without a joint sponsor? With just what we do have right now? I mean, it's not like we won't have income anymore, it's just a gap.

And yes, I hope more people answer so we can discuss this topic!

Thank you very much for your help!

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Filed: F-1 Visa Country: Vietnam
Timeline

Hello again people!

Well, here's our situation: my wife just lost her job this morning. We were about to send the AOS package. But the thing is: today was also going to be the day that she would give them her 2 week notice, because she found a way better job, with better payment that makes her beat the 125% mark by a lot. However, she will only start at this new job on January 9. All of our proof of income that we were going to send along with the I864 refers to the previous job.

My question is: what do we do? I want to file before December 23 to avoid the raises. And we only have until January 22, when my I-94 expires. At the same time I'm worried about sending an application during this gap between the old job and the new one. What do you think we should? Send some document regarding the new job (what kind of document?), avoid mentioning anything or wait?

You can send the AOS package now. No need to wait if her 2015 tax return meets the 125% poverty guideline. Send it with tax return of 2015 and W-2s, her previous 3-6 months pay stubs of her old job. You don't have to let them know she has a new job now. After she starts her job in January, you can always call USCIS and ask to speak to 2nd level immigration officer and they will tell you how to update the info/income. Sometimes they will tell you to just bring new pay stubs to the interview. You also don't have to worry about I-94 expiration date. I know a lady whose I-94 expired since 2008 and she has no problem getting her green card.

Edited by riri.na58
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