Affidavit of support: immigrant's"income will continue from the current source" after AOS - for how long?

[True_South 10]

Hi all,

 

Getting ready to submit paperwork for AOS - sponsored by USC spouse. Affidavit of support still scares me the most. The instructions for i-864 say:

 

Quote

1. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. 

 

If my USC spouse includes my (the intending sponsored immigrant) income because his is below 125% of HHS poverty guidelines, how long does my income has to continue from the current source? What if I want to change the job - how long do I have to wait? Until conditions removal or until I get 40 quarters of SS credits (which is 10 years)? Or is it like "eh, a year or so"?

Edited January 6, 2017 by True_South

[bunkx 25]

Can you not get a joint sponsor?

[Penguin_ie 5,985]

Your job i supposed to be "stable, and continuing".  However, that is not defined exactly. 

Once you have the greencard, you can do what you want, you can quit your job that day and they won;t take back your greencard.

[True_South 10]

14 hours ago, Penguin_ie said:

Your job i supposed to be "stable, and continuing".  However, that is not defined exactly. 

Once you have the greencard, you can do what you want, you can quit your job that day and they won;t take back your greencard.

 

Thank you for the reply! 

 

So what Im wondering now is, what I would be expected to provide as a proof of a stable job?

[sebastianshaw 97]

2 hours ago, True_South said:

 

Thank you for the reply! 

 

So what Im wondering now is, what I would be expected to provide as a proof of a stable job?

the usual...paystubs for last 6 months, original offer letter which should not have a termination date (like intership would), extra letter from the HR specifying the employment status with the company the beneficiary works for

[True_South 10]

Thank you, that seems easy... Would it still be OK to apply for the EAD and change jobs upon receiving it? Or is it better to wait for the GC before making a move?

[True_South 10]

I'm asking because I would certainly like the flexibility of having the EAD while waiting for the GC, but if I'm understanding correctly, if my income is playing a role in our application I should stay put until I get the GC?

[sebastianshaw 97]

On 1/9/2017 at 7:14 AM, True_South said:

Thank you, that seems easy... Would it still be OK to apply for the EAD and change jobs upon receiving it? Or is it better to wait for the GC before making a move?

If the beneficiary is the co-sponsor in the application itself, for which the requirement is income coming from the same source. Its pretty logical what the guideline indicates, DO NOT change the job till the point you have Green Card in hand. Any deviation from this, you are making your case weaker, relying on the whim of the Officer who would interview. To summarize, i would NOT recommend changing job till the point you have green card in hand. 

[True_South 10]

On 1/10/2017 at 0:40 PM, sebastianshaw said:

If the beneficiary is the co-sponsor in the application itself, for which the requirement is income coming from the same source. Its pretty logical what the guideline indicates, DO NOT change the job till the point you have Green Card in hand. Any deviation from this, you are making your case weaker, relying on the whim of the Officer who would interview. To summarize, i would NOT recommend changing job till the point you have green card in hand. 

 

Thank you I know that was a dumb question, just wanted to make sure my understanding was correct.

[sebastianshaw 97]

There is no dumb question my friend. U did the right thing of making sure and cross checking. 

 

Best of luck for your immigration journey.