want to abandon aos and will file again next year

[renecherubs 18]

hello everyone. we have a problem with our aos. we received rfe for my aos because my husband's income is not enough. we don't have a co-sponsor. i had filed along with it my ead. will it be affected? cause i'm planning to abandon my aos for the meantime and wait for my permit to work. once i have work, we'll file for income tax together next year so both of our income can reach the poverty guideline. will this work?

[Harpa Timsah 13,258]

No, it won't work. Your EAD will be cancelled when the AOS is cancelled. You should look for a co-sponsor. Good luck.

[kzielu 1,147]

No. Your EAD is not going to be valid anymore once your AoS get denied, which it will if you do not respond to RFE.

[Penguin_ie 5,986]

*** Moving from DCF to AOS from Family visa as that seems to be what OP filed for ****

[renecherubs 18]

thank you for all the responses. will try and work this out.

[Tim/Mav 305]

No, it won't work. Your EAD will be cancelled when the AOS is cancelled. You should look for a co-sponsor. Good luck.

This is True. It will be Canceled. But there is hope. The Petitioner must show ample proof of income. I guess you lost the Fee and will have to pay again. Well, #######.

Not all is lost. There is no Rush on the AOS.

[NancyNguyen 1,657]

And you will have to leave...

[Tim/Mav 305]

And you will have to leave...

INCORRECT. Ignore this!

[NancyNguyen 1,657]

INCORRECT. Ignore this!

Edited March 15, 2012 by NancyNguyen

[VanessaTony 3,567]

INCORRECT. Ignore this!

It's not incorrect, it's just not the full story.

If she fails to successfully reply to the RFE she will have her AOS denied. Once it's denied they will put her in removal proceedings. If she goes to the removal proceedings and says "well they denied my AOS 'cause I don't have a sponsor who earns enough" they will: 1. Deport her 2. Tell her to AOS. If she couldn't find a sponsor in the first place option #2 will just put her in the same position.

If she just abandons it the same thing will happen. Had she NOT filed AOS she could have waited and would have been fine but she DID file and now she has to finish it. Because she's started AOS she needs to finish it or risk removal from an abandoned/denied process.

Deportation carries a 10 year ban.

This is True. It will be Canceled. But there is hope. The Petitioner must show ample proof of income. I guess you lost the Fee and will have to pay again. Well, #######.

Not all is lost. There is no Rush on the AOS.

There IS a rush. She has deadlines to meet because she has filed. Had she NOT filed she could have waited for AOS. If AOS is denied/abandoned they will put her in removal proceedings. Hopefully she will be okay but this is serious.

[ceadsearc 516]

Your other option - IF you have been here less than 6 months - would be to leave the country and redo the entire process in the future. Not a great option, though.

[NancyNguyen 1,657]

INCORRECT. Ignore this!

When you capitalize the text, you should know what you are talking. My wife follows the book, you don't have any status, you have to leave.

[Boiler 43,628]

Sounds like the best bet would be a co sponsor.

[freetv 7]

If you can't find a cosponsor within a reasonable time period it is better to leave and start over than get deported. There is no rhyme or reason on deportation... you could be fine for 10 years and happen to skirt the system or be taken away shortly after it is determined that you lack the income at the hearing. Find a cosponsor if you can, but I wouldn't want to risk a 10 year ban because you a few thousand short of the requirement when you could be fine in a year or two (even if that means going back to the phil until then). Good luck, and don't push your luck.

[no one 2 0]

So what you guys are saying is that it would be better to put off AOS to begin with in this situation? We may have a similar situation in that I (the USC) didn't meet the 125% poverty level last year...but have had a job since last August that will put me online to meet it in 2012 so long as I work the whole year. What I mean is my check stubs may not show the complete 125% in September or October when we are planning to file for AOS. Should we put it off until 2013 when my 2012 Tax return will show me meeting the amount?

Also if we put off AOS for just a few months could my fiance stay here in the mean time?

There are a lot of competing information here so if anyone is able to provide links to the information I would very much appreciate that. I also like to know where to find this information for myself incase it changes.

Thank you all in advance.

PS getting a co sponsor isn't an option for us.

Edited March 16, 2012 by Glenn & Wendy