AOS - When do I change...Need urgent help

[Sylvia y Radhames 2]

My fiance is here and we are set to be married. I just lost my job...what do I need to do so that he is legal and not deported. Is our marriage enough of does the AOS have to be done before the visa expires 11/26/10. Help please...I'm paniced.

[milimelo 3,537]

Moving to AOS from family based visa forum.

[baron555 934]

My fiance is here and we are set to be married. I just lost my job...what do I need to do so that he is legal and not deported. Is our marriage enough of does the AOS have to be done before the visa expires 11/26/10. Help please...I'm paniced.

There is no time requirement as to when you need to file for AOS. The I-94 expiration does not factor into it.

You have two choices and something to understand:

1. You can wait until you have adequate income and then file.

2. Get a cosponsor and file now.

Understand that until he has his EAD or GC, he can not legally work.

Understand that until he has his AP or GC, if he leaves the country, he will not be allowed back in until you file an entire new visa.

[Sylvia y Radhames 2]

Thanks for your response...Im new to all of this and dont understand the initials...

What is an EAD or GC or AP???

[Ning 619]

Thanks for your response...Im new to all of this and dont understand the initials...

What is an EAD or GC or AP???

Employment card

Green Card

Advance Parole

[JimVaPhuong 4,860]

Thanks for your response...Im new to all of this and dont understand the initials...

What is an EAD or GC or AP???

EAD - Employment Authorization Document

GC - Green Card

AP - Advance Parole

Adding to Baron's comments, he could apply for an EAD (for a fee) before the I-94 expires, but it would be pointless. The EAD would expire on the same day the I-94 expires, and it's unlikely you'd even get it before the I-94 expires. You can also apply for the EAD (for no additional cost) at the same time you apply for the green card, and it would be good for one year or until a decision is made on the green card application. You can apply for advance parole at the same time you apply for the green card, or after you receive the receipt notice for the green card application, but you cannot apply for advance parole before applying for the green card.

In a nutshell, this means he can't work and can't leave the US until you submit the green card application and get the appropriate documents. He will also be out of status when the I-94 expires. Though it's highly unlikely he would be deported, he could still be jacked around by CBP or ICE if he happens to come into contact with them.

As long as you married within the 90 days, he is eligible to adjust status based on the K1, even if his I-94 has expired. For the reasons above, you should try to submit the AOS application as soon as you can.

[churawan 14]

I do not agree witht he EAD will expire with the I-94. I just went through the AOS with my wife and we got her EAD after her I-94 expired so that is a false statement.. They did take it away after we did the interview and she was approved for the GC.... They gave us an approval letter to cover the time in between GC issue and taking the EAD and AP at teh interview... SO go ahead and process the EAD while you can... We filed for everything at the same time, so the AP and EAD came while we waited for the GC interview... The I-94 expired well before the EAD prcessing.... Good Luck with the rest of your journey!!! I know that getting all this behind us was the best feeling we could ask for!!!

Steve and Pla

[VanessaTony 3,565]

I do not agree witht he EAD will expire with the I-94. I just went through the AOS with my wife and we got her EAD after her I-94 expired so that is a false statement.. They did take it away after we did the interview and she was approved for the GC.... They gave us an approval letter to cover the time in between GC issue and taking the EAD and AP at teh interview... SO go ahead and process the EAD while you can... We filed for everything at the same time, so the AP and EAD came while we waited for the GC interview... The I-94 expired well before the EAD prcessing.... Good Luck with the rest of your journey!!! I know that getting all this behind us was the best feeling we could ask for!!!

You do not agree with the EAD expiring when the I-94 does, because you do not understand. It is possible BEFORE filing AOS to apply for an EAD on the basis of a K1 (eligibility category a6). You would pay the fee for it ($300+) but it would only be valid until the I-94 expires. Jim was pointing out that if the OP is low on money they COULD apply for an EAD now, before filing AOS but then pointed out that it wouldn't be valid for long and pretty much useless.

You can also apply for an EAD WITH AOS (this is the common method, eligibility category c9) and the fee for it is are waived, this card is valid for a year although technically it's voided once you get a GC.

Whilst I understand you're trying to impart wisdom, posting incorrect advice is very confusing for newcomers. Again, the OP CANNOT apply for an EAD before AOS and have the fee waived like you did. The OP must apply at the same time as AOS in order to waive the fee, and in order to prevent the EAD expiring with the I-94.

**Also -

Please update your timeline so others can benefit from your experience and your profile to reflect that you are now AOS (pending). The timeline function is up the top called "immigration timelines". To update your profile click on "settings" (up the top right of the page) then the "profile" tab, then "change profile information" (which should be the default one that opens). Then scroll down to Immigration status where it currently says "k1" and change it to "AOS (pending)".

Edited October 11, 2010 by Vanessa&Tony

[Sylvia y Radhames 2]

Ok so I lost my job 9/30. I am a licensed real estate agent as well and will be working at an office and have my taxes for the last 4 years but just started with the real estate again. Can I submit and place employment as licensed real estate agent even thought I just started???

It is an independent contractor type position so I dont declare any taxes until end of year.

[VanessaTony 3,565]

Ok so I lost my job 9/30. I am a licensed real estate agent as well and will be working at an office and have my taxes for the last 4 years but just started with the real estate again. Can I submit and place employment as licensed real estate agent even thought I just started???

It is an independent contractor type position so I dont declare any taxes until end of year.

if you are currently working as a real estate agent then yes, you can put real estate agent as your occupation. It doesn't need to match your taxes. You will most likely need a letter from your employer and keep your pay stubs for when you have an interview. You do not need to submit these with the I-864, you only need your tax returns (and 1099's, schedules and w2's) with the i-864 as long as your income is more than 125% of the poverty line on the tax returns.

[JimVaPhuong 4,860]

I do not agree witht he EAD will expire with the I-94. I just went through the AOS with my wife and we got her EAD after her I-94 expired so that is a false statement.. They did take it away after we did the interview and she was approved for the GC.... They gave us an approval letter to cover the time in between GC issue and taking the EAD and AP at teh interview... SO go ahead and process the EAD while you can... We filed for everything at the same time, so the AP and EAD came while we waited for the GC interview... The I-94 expired well before the EAD prcessing.... Good Luck with the rest of your journey!!! I know that getting all this behind us was the best feeling we could ask for!!!

Steve and Pla

You didn't read my entire post. As I mentioned, and Vanessa pointed out, a K1 is eligible to work before AOS and until the I-94 expires, provided they get an EAD. They'd have to pay a filing fee, and the EAD would expire when the I-94 expired. They are also eligible to work after filing AOS, provided they get an EAD or green card. In this case, there is no filing fee for the EAD, and it would be valid for one year or until a decision is made on the green card application.

[Sylvia y Radhames 2]

I am receiving unemployment compensation - $519 per week recevied biweekly ($1,038) for 26 payments which is a year. I also have court ordered child support which comes out to $7,800 per year which I've received for over 6 years and have payment stubs. That means in the next year I have income of $34,788 definately coming in. Can I use the unemployment and child support to show that we are fine plus I have my taxes for the last 3 years that show income and I have a real estate license I just renewed??? What do you think?

[JimVaPhuong 4,860]

I am receiving unemployment compensation - $519 per week recevied biweekly ($1,038) for 26 payments which is a year. I also have court ordered child support which comes out to $7,800 per year which I've received for over 6 years and have payment stubs. That means in the next year I have income of $34,788 definately coming in. Can I use the unemployment and child support to show that we are fine plus I have my taxes for the last 3 years that show income and I have a real estate license I just renewed??? What do you think?

What they're ultimately supposed to decide is whether there is a likelihood that the immigrant will become a public charge. The I-864P poverty guidelines are the minimum requirement you have to meet, but they can assign any weight they want to the evidence you provide to determine your ability to maintain the minimum required level of support for the foreseeable future.

Both forms of income you mentioned have a definite termination date. The child support will end when the kids become adults. The unemployment will end when it expires. The closer those termination dates are, the less weight they'll give to the income. If your employment situation doesn't improve before your unemployment checks stop coming then your income is going to drop dramatically.

I can't predict how any IO is going to read this. They may approve based only on the current income. They may deny because your ability to maintain income at a qualifying level is in question. I think it would be wise to have a co-sponsor prepared affidavit of support and evidence just in case it's requested.