Anyone know about AOS and Pregnancy?

[W Churchill 0]

Well I moved from Toronto to San Francisco after meeting my wife on a trip with my school. Shes a great girl and love at first sight! We did all the K1 Visa process and that was all great and perfect! Now we are in the process of filing for the AOS, the only thing is that someone told me that we have to make more income now (well my wife) because she has to be able to support myself herself and our new baby boy on the way. Is that correct? I thought we could just apply for AOS in the meantime for just the two of us?

[Bobby+Umit 161]

You would fill out the paperwork for the amount of people you are taking care off at the time of filing.

If she is just pregnant now - then it's just you two - however, if you get an interview, and say the baby is born prior to that - they will most likely ask for an updated 864, so you should make back up plans to do so.

[David Allen 3]

The AOS should ideally be filed before the K1 visa expires, or 90 days after entry. From what I understand there is some amount of a grace period allowed, but it's better safe than sorry and file on time after you are married. The pregnancy of your wife should not change anything until after the baby is born. Your income/support requirements should still be above the poverty line for a family of 2. After the baby is born you would be expected to be above the poverty level for a family of 3.

[W Churchill 0]

Awesome Thanks. I hate to bother you again but do you know where I could get information like a link as to what the income/supports requirements are? I would like to see what the amount is exactly when declaring the 3 of us? I have been looking but fail to find the websitewhere I can get that info.

[nab 74]

Awesome Thanks. I hate to bother you again but do you know where I could get information like a link as to what the income/supports requirements are? I would like to see what the amount is exactly when declaring the 3 of us? I have been looking but fail to find the websitewhere I can get that info.

if it were me i'd err on the safe side and go with family of 3 (125% of poverty level = $22,887).

http://www.uscis.gov/files/form/i-864p.pdf

here is a copy/paste from uscis:

Consular and USCIS officials may still reject an affidavit of support whose projected income meets the financial requirements, but only if, based on specific facts, it is "reasonable to infer that the sponsor will not be able to maintain his or her household income" at the necessary level. In addition, even when the affidavit of support is found to be sufficient, the intending immigrant may be found inadmissible under INA § 212(a)(4) as likely to become a public charge if "specific facts" support such a "reasonable inference."

[JimVaPhuong 4,863]

The AOS should ideally be filed before the K1 visa expires, or 90 days after entry. From what I understand there is some amount of a grace period allowed, but it's better safe than sorry and file on time after you are married.

There is no specific "grace period". Normally, there is a requirement that an alien maintain their non-immigrant status in order to be eligible to apply for a green card. This requirement doesn't apply to an immediate relative of a US citizen. They remain eligible to apply for a green card no matter how long they wait after the I-94 expires. If a K1 waits so long that they are no longer eligible for a conditional green card (married more than two years) then they might have to file an I-130 with the I-485, but they're still eligible to adjust status.

Awesome Thanks. I hate to bother you again but do you know where I could get information like a link as to what the income/supports requirements are? I would like to see what the amount is exactly when declaring the 3 of us? I have been looking but fail to find the websitewhere I can get that info.

The required income levels are published in the I-864P.

http://www.uscis.gov/files/form/i-864p.pdf

Unless your wife is active duty US military, her income will have to meet 125% of the poverty guidelines. For two people, it's currently $18,212 per year. For three, it's $22,887.

nab is correct - the IO has discretion. If they don't believe the income of the sponsor will be sufficient for the foreseeable future then they may require a co-sponsor.

[W Churchill 0]

So in this time i cannot work legally in the states? prior to filing my AOS? i have a SS Number.

Edited August 31, 2010 by W Churchill

[JimVaPhuong 4,863]

So in this time i cannot work legally in the states? prior to filing my AOS? i have a SS Number.

NO!

Any employer who hires you would be breaking the law. Technically, you would ALSO be breaking the law. The IO will probably ask you about this at your AOS interview. They won't deny you if you admit you were working - this is another one of those "doesn't apply to the immediate relative of a US citizen" things, but it won't look good and could make your AOS a lot tougher.

A Social Security number is not authorization to work. It's authorization to pay Social Security taxes, and also serves as a taxpayer identification number with the IRS.

[marriedtomrg 140]

You need an approved Employment Authorization Document (EAD) before you can work...your SS card would also have to be amended to say "Valid for work only with DHS authorization" and you can only do that after you have your EAD in hand. A lot of companies now use E-Verify, to check if you are authorized to work for any company in the US or if you are restricted to work for only one company.

NO!

Any employer who hires you would be breaking the law. Technically, you would ALSO be breaking the law. The IO will probably ask you about this at your AOS interview. They won't deny you if you admit you were working - this is another one of those "doesn't apply to the immediate relative of a US citizen" things, but it won't look good and could make your AOS a lot tougher.

A Social Security number is not authorization to work. It's authorization to pay Social Security taxes, and also serves as a taxpayer identification number with the IRS.

[jezebelseven 0]

your SS card would also have to be amended to say "Valid for work only with DHS authorization" and you can only do that after you have your EAD in hand.

I don't think that is correct, as my husband's card issued 3 years before his EAD says 'Valid for work only with DHS authorization', which meant he had to get EAD to work. Not the other way around.

[marriedtomrg 140]

That is what I said:

You need an approved Employment Authorization Document (EAD) before you can work...your SS card would also have to be amended to say "Valid for work only with DHS authorization" and you can only do that after you have your EAD in hand. A lot of companies now use E-Verify, to check if you are authorized to work for any company in the US or if you are restricted to work for only one company.

The OP is a K1 visa holder who (I am deducing), obtained an SSN without getting an EAD first.

I don't think that is correct, as my husband's card issued 3 years before his EAD says 'Valid for work only with DHS authorization', which meant he had to get EAD to work. Not the other way around.

Edited September 1, 2010 by marriedtomrg

[W Churchill 0]

Yeah i did my K1 visa stuff got married within 90 days and are posting at AOS point, i havent gotten that Authorization work thing your talking about, so it is possible for me to work now? I just need to file for the work card? And yes i do have my SSN alrready, after i got married.

Edited September 1, 2010 by W Churchill

[marriedtomrg 140]

Nope, you can't work without an approved EAD.

You should have applied for one (I-1765) the same time as you filed your Adjustment of Status application (I-485) and Advanced Parole (I-131).

Yeah i did my K1 visa stuff got married within 90 days and are posting at AOS point, i havent gotten that Authorization work thing your talking about, so it is possible for me to work now? I just need to file for the work card? And yes i do have my SSN alrready, after i got married.

[W Churchill 0]

Id like to thank everyone with my post, i really appreciate everyones time and trouble in answering my questions and clarifying things for me

[jezebelseven 0]

That is what I said:

You need an approved Employment Authorization Document (EAD) before you can work...your SS card would also have to be amended to say "Valid for work only with DHS authorization" and you can only do that after you have your EAD in hand. A lot of companies now use E-Verify, to check if you are authorized to work for any company in the US or if you are restricted to work for only one company.

The OP is a K1 visa holder who (I am deducing), obtained an SSN without getting an EAD first.

What you said, to me, reads like you were saying they would have to get the card amended to say that, after his EAD came through. That's not the case. That happens BEFORE you get your EAD, not AFTER... Or at least, it did in my husband's case.

I'm not arguing you need EAD to work, as we know that is the case. I'm just correcting the bolded part you said above.

Edited September 2, 2010 by jezebelseven