Husband had to resign from his job, is my GC application in trouble? Please help!

[sailorgal 33]

So I don't know where to begin... I am sorry already for a long post

September 2, 2015 I enter States on a K1 visa, me and my husband we get married, October 8 we submit my AOS application, I receive my NOA1 for GC, EAD and AP like a week later. November 2 we receive an RFE for the GC stating my husband's income does not meet poverty guidelines. At first we were confused because he makes way over the poverty guidelines to support a household of 2. They asked us to resubmit his IRS transcripts and since I had his transcripts from my K1 visa interview we did not bother to reapply for his new transcripts and just submitted what I had with me. I realized like 2 days ago when his actual transcripts came in that what we submitted weren't his IRS transcripts at all but his social security papers. In the RFE they ask us to submit his recent IRS transcripts which we have now, and proof of his his assets. Since he doesn't own any assets yet we thought we would ask his father to be my co-sponsor which he readily agreed to be. But my question is;

1. now that we know we submitted the wrong paperwork when we applied for the GC first, will it be okay if we submit only the correct documents for just my husband, ie his IRS transcripts without having his dad co-sponsor me? Will not getting a co-sponsor and just submitting correct documents from my husband be enough? Or will that call for RFE no 2 for not getting a co-sponsor?

2. Does GC RFE halt the processing of the EAD as well? When my GC processing went into RFE stage there was a change of status for my GC on USCIS website saying "Initial Request for Evidence was Mailed" but I saw no such change in the EAD or AP status so does that mean USCIS is still processing my EAD while my GC is in RFE?

Now problem number 2! When I came to the US we had decided to stay in Florida but now our plans have changed and we have decided to move to North Carolina and live closer to my husband's parents. Husband was getting his last pay check for this year on the 18th of December and we decided we would move to NC after he receives the last pay check. Today he went to his manager with his two week notice and the manager, quite rudely, told him they are going to terminate his contract right away today itself. So now husband has no job. He applied for a job at a few places in NC and even got an interview call from one of the places so we're hoping they would take him. In the AOS application we had sent in, we had filed the Affidavit of Support over his old job and also we had forgotten to include a letter from my husband's (then) employer and when I had called up USCIS helpline to ask questions about the RFE the immigration officer I had talked to had told me to include my husband's letter from employer as well when we submit our RFE paperwork though the RFE notice we received doesn't ask for his letter from employer just his IRS transcripts. So here are my questions;

3. is it important to absolutely submit the letter from employer?

4. he doesn't have a job as of right now. So should we still go ahead and submit the RFE paperwork which includes his recent IRS transcripts and his dad's paperwork as my co-sponsor? Obviously can't include the letter from his ex-employer anymore because he doesn't work there anymore.

5. or should we wait until he has a new job and then fill out a new Affidavit of Support on his new job and send paperwork like pay stubs and letter from employer from the new job, along with his dad's paperwork as my co-sponsor?

6. I think my husband would only be able to get like one paycheck or two before our 87 days to reply to the RFE expire. Anyway we don't wish to wait 87 days to reply to the RFE. So if what I said in question no 4.is not a good idea and we should wait till he has another job then will the USCIS be okay with only 1 or 2 paychecks from his new job to establish that he can support a household of two? Or will they say that since he hasn't been working his new job long enough so they can't establish if he can support a household of two. Of course even if we wait for his new job to reply to the RFE we would still submit his dad's paperwork as my co-sponsor if that would help USCIS establish that I won't go into welfare.

Husband says since USCIS is okay with people moving while their AOS is being processed they obviously know that if someone moves then there will be a change of jobs. So he says it's okay if we go with no 4 and not on a new job but I am not so sure and so I need help.

I am so sorry for so many questions. I am really worried right now with this situation and we really need a way out. Any help will be really appreciated.

Thank you so much!

[aleful 1,905]

hi

it's not ok to move, he will also need to send in a new i864, he is currently unemployed, so he sends everything again

and more than every he needs a joint sponsor since he is unemployed

so submit everything together again

you can't wait, they gave your husband a time frame to answer the RFE, if he doesn't reply they will deny the peititon

so submit everything as soon as possible

[NikLR 13,220]

Yes it's okay to move. Yes it's okay to submit the RFE paperwork, including a brand new I-864 with tax transcripts, and an I-864 with employment proof and tax transcripts from his father as your joint sponsor. Joint sponsors are allowed and it's better to do this than to wait for him to get a new job. Make sure inform the USCIS of any moves by updating your address with them.

I think your EAD/AP went on hold with the RFE for the I-864. You will have to wait for them to get everything to start processing the EAD again I believe.

Edited December 5, 2015 by NLR

[Ozzman'swifey 5]

Hello Sailorgal! There's no need to worry too much, just because your husband becomes unemployed does not mean your AOS is now in trouble. Like NLR said, it is okay to move but not preferably while in the process of doing your AOS unless it's an emergency. I've seen a lot of other people here seems to have some trouble changing their old address and not to mention that it will also add some delays on the processing of your application. I would also suggest that joint sponsor is the only best option you got. It is unknown on when to be exact he can get a new job and you don't wanna wait until your 87 days are over cos your application will result in denial. This time make sure you will send the new form I 864 for your husband/petitioner plus the corresponding evidences including his recent tax return transcript and another form i864 for your joint sponsor and his corresponding evidences. And yes, once you received an RFE everything will be on hold until they get back all the initial evidences they want.

Good luck on your AOS journey ?

[sailorgal 33]

Thank you everyone for helping us out. We're going to follow your advice and redo my husband's paperwork and send in his father's paperwork as my co-sponsor and hopefully everything shallwork out soon. Thanks a lot!