Can the petitioner resign from his job before the benificiary has applied for her Adjustment of Status?

[J♥L 0]

Hi! I hope someone can help us with our dilemma.

My K1 visa was approved. I'm leaving for the US on July 8. We are planning to get married on July or August. We plan to move from San Francisco to San Diego, California. He has a job in San Francisco. He wants to resign already so he can start looking for a new job in San Diego and we can start our new life there. But I've read that the affidavit of support (I-184) is needed for adjustment of status right after the marriage.

Is it advisable for him to resign from his job before the marriage and the application for adjustment of status? If not, when is the right time to resign? I've also read that the interview for adjustment of status takes place after about 3 months of application. Will the resignation affect my chances of approval/denial for AOS? His annual income in his 2010 income tax return is $32,333. Our immigration lawyer says that the resignation won't have an effect on my application, but I'm very nervous (and stressed) about this. Please, enlighten us. Thank you!

Edited June 27, 2011 by J♥L

[sunshinearizona 21]

make him stay at his job until you get the green card in the mail!!!!!!!!!!!!!

[Jojo92122 1,924]

Hi! I hope someone can help us with our dilemma.

My K1 visa was approved. I'm leaving for the US on July 8. We are planning to get married on July or August. We plan to move from San Francisco to San Diego, California. He has a job in San Francisco. He wants to resign already so he can start looking for a new job in San Diego and we can start our new life there. But I've read that the affidavit of support (I-184) is needed for adjustment of status right after the marriage.

Is it advisable for him to resign from his job before the marriage and the application for adjustment of status? If not, when is the right time to resign? I've also read that the interview for adjustment of status takes place after about 3 months of application. Will the resignation affect my chances of approval/denial for AOS? His annual income in his 2010 income tax return is $32,333. Our immigration lawyer says that the resignation won't have an effect on my application, but I'm very nervous (and stressed) about this. Please, enlighten us. Thank you!

It's best to show a reliable source of income when filing the Affidavit of Support. Past income is not current income. Once he leaves his job, his current income will go to zero. Getting a job is not easy in this economy. How sure is your husband that he will have a job when you go to the interview? If your husband states that he is unemployed and looking for a job, your chances of adjusting without a joint sponsor is zero unless your husband meets the assets requirement.

[dindo and patty 20]

Hi! I hope someone can help us with our dilemma.

My K1 visa was approved. I'm leaving for the US on July 8. We are planning to get married on July or August. We plan to move from San Francisco to San Diego, California. He has a job in San Francisco. He wants to resign already so he can start looking for a new job in San Diego and we can start our new life there. But I've read that the affidavit of support (I-184) is needed for adjustment of status right after the marriage.

Is it advisable for him to resign from his job before the marriage and the application for adjustment of status? If not, when is the right time to resign? I've also read that the interview for adjustment of status takes place after about 3 months of application. Will the resignation affect my chances of approval/denial for AOS? His annual income in his 2010 income tax return is $32,333. Our immigration lawyer says that the resignation won't have an effect on my application, but I'm very nervous (and stressed) about this. Please, enlighten us. Thank you!

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If I were in your position, I would hold off on the resignation until you're is possession of your green card or hold off on the AOS until he can secure a job in San Diego.

[Penguin_ie 5,997]

While it bis true that the resignation won't have an effect on your application by itself, how will he fullfill the affidavit of support if unemployed? Unless you have a reliable co-sponsor, I agree with the others, he shouldn't resign until after Adjustment of Status is approved, but that can take several months after filing.

[ceadsearc 516]

He can resign whenever he wants. That in and of itself will not affect the AOS, BUT without a job he won't be able to fill an Affidavit of Support for you, unless you have a co-sponsor. His annual income from last year is not enough if he is no longer employed, he also needs proof that he has a current source of income like a letter from his employer.

Edited June 27, 2011 by ceadsearc

[J♥L 0]

Thank you so much for all your replies. My husband did not and will not resign from his job anymore. We are now in San Francisco and are preparing my application for adjustment of status. Thanks again!