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AOS - question about employment

By DLR in IR-1 / CR-1 Spouse Visa Process & Procedures

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Ryan H Grand Master

Ryan H   3,796

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Frips Proficient

Frips   166

Posted
Filed: Citizen (pnd) Country: Slovenia
 Timeline
Posted

My wife listed herself as employed (she did file her taxes) and explain in cover letter that the employment will not continue after she will relocate to US and because her incomes are foreign based she doesn't have W2.

N-400 Timeline
04/02/19 N-400 Submitted online
04/22/19 Biometrics
11/05/19 Interview (Approved)


ROC Timeline

Service Center: California

08/11/17 I-751 Packet delivered to USCIS

09/18/17 Biometrics Appointment

08/17/18 2nd extension letter (additional 6 months)

11/02/18 New card is being  produced (Approved)

 

NVC
11-04-2014 NVC case receive

05-20-2015 Visa received

10-06-2015 Time to kick back and let it fly

 

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

The NVC will ask for pay stubs, w2s or equivalent etc...if you state you are employed, even though you won't be employed in the USA. So IMHO it's easiest to NOT do that.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Frips Proficient

Frips   166

Posted
Filed: Citizen (pnd) Country: Slovenia
 Timeline
Posted

Hmm is not that sort of laying? Sometimes I'm totally confused what is right and what is wrong for the NVC

N-400 Timeline
04/02/19 N-400 Submitted online
04/22/19 Biometrics
11/05/19 Interview (Approved)


ROC Timeline

Service Center: California

08/11/17 I-751 Packet delivered to USCIS

09/18/17 Biometrics Appointment

08/17/18 2nd extension letter (additional 6 months)

11/02/18 New card is being  produced (Approved)

 

NVC
11-04-2014 NVC case receive

05-20-2015 Visa received

10-06-2015 Time to kick back and let it fly

 

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

No because the NVC doesn't approve or deny the I-864. The CO at the interview does.

You are not making current income that will continue. You can't count it. Why bother? If you choose to do the extra work, be my guest. :)

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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lucybelle Proficient

lucybelle   453

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted

This is what I did: (I was working abroad at the time of petition)

-Listed that yes, I do work.

-Put company name and (Costa Rica) so they knew it was abroad

-Put how much I made in USD

-Explained everything in a cover letter.

-At first I did not include letter of employment because you can't count that money, but I received a checklist for it. So go ahead and put in the employment letter even though it's sort of meaningless.

-You should be filing taxes so your foreign income should be reflected on there.

N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.
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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

But if you use form 2555 they will know your employment is foreign and you have to show the employment is not continuing as well. I'm not sure why you're bothering with all the extra paperwork but if you feel more comfortable with that. Don't forget to submit an i-865 within 30 days of moving as well. Oh and don't forget the proof of reestablishing domicle.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Frips Proficient

Frips   166

Posted
Filed: Citizen (pnd) Country: Slovenia
 Timeline
Posted

No because the NVC doesn't approve or deny the I-864. The CO at the interview does.

You are not making current income that will continue. You can't count it. Why bother? If you choose to do the extra work, be my guest. :)

Oh...really....it can be "so easy"? :)why I or someone else didn't ask this before:)

N-400 Timeline
04/02/19 N-400 Submitted online
04/22/19 Biometrics
11/05/19 Interview (Approved)


ROC Timeline

Service Center: California

08/11/17 I-751 Packet delivered to USCIS

09/18/17 Biometrics Appointment

08/17/18 2nd extension letter (additional 6 months)

11/02/18 New card is being  produced (Approved)

 

NVC
11-04-2014 NVC case receive

05-20-2015 Visa received

10-06-2015 Time to kick back and let it fly

 

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Oh...really....it can be "so easy"? :)why I or someone else didn't ask this before:)

Yes, I advised you then not to worry about it but you chose to go on your path and put down your employed even though that employment will not continue. :)

Also this is a question I've answered for dozens of people. My answer comes from pushbrk's answer. Unfortunately I do not think he frequents the website any longer but he really was the expert on the I-864.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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lucybelle Proficient

lucybelle   453

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted

But if you use form 2555 they will know your employment is foreign and you have to show the employment is not continuing as well. I'm not sure why you're bothering with all the extra paperwork but if you feel more comfortable with that. Don't forget to submit an i-865 within 30 days of moving as well. Oh and don't forget the proof of reestablishing domicle.

Why we're bothering with extra paperwork? Because doing otherwise would be falsifying a document.

Did you apply from abroad while working? If not you really shouldn't weigh in on this particular topic. I have always been extremely grateful for everyone's advice on this forum, but I was given the wrong advice numerous times from people not in my situation and were just guessing.

You need to say you are working, include a letter of employment, include a cover letter explaining the job will not continue, and provide either proof of assets or get a sponsor.

N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.
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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

I am the beneficiary FYI. ;) But I did all the paperwork for our case and didn't have a checklist or a single issue during the process. Take it or leave it.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Frips Proficient

Frips   166

Posted
Filed: Citizen (pnd) Country: Slovenia
 Timeline
Posted (edited)

NLR I always appreciate your advice...:)

Lucybelle: your post helped to a lot!

DLR Good Luck to You:)...we are on the same boat:)Thx for asking this question!

Edited by Frips

N-400 Timeline
04/02/19 N-400 Submitted online
04/22/19 Biometrics
11/05/19 Interview (Approved)


ROC Timeline

Service Center: California

08/11/17 I-751 Packet delivered to USCIS

09/18/17 Biometrics Appointment

08/17/18 2nd extension letter (additional 6 months)

11/02/18 New card is being  produced (Approved)

 

NVC
11-04-2014 NVC case receive

05-20-2015 Visa received

10-06-2015 Time to kick back and let it fly

 

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