When to file AOS

[AlinaB 43]

Hi there,

We just married Saturday, have a bit of a unique situation, and are hoping to get some advice. I (the US citizen) am currently not employed; I am a PhD candidate (with a Masters degree) whose TA position ended May 16th. I was extended a job offer to begin July 1st. However, it is in another state and I probably cannot start until August 1st. But I will have a formal job offer in hand and can get a letter from my employer if I need. Additionally, I have more than enough in savings and in real estate to qualify without a job, HOWEVER - I do not feel comfortable relying on this at all. I heard that AOS is more stringent than the K1. I would prefer to use my job income to be on the safe side. So what do the more experienced people think? Wait to apply until I actually start my job in August? Apply in a few weeks and supply letters and bank info and mortgage info? The big fear of course is that we will be denied.

In case you are curious, when we applied for his K1 visa I was living in Indonesia (conducting research) and also not employed. We used my dad's income as a backup and had no problems. This is not an option for the AOS, nor is it possible to ask anyone else.

Thanks in advance

[AlinaB 43]

I am surprised at the lack of response, did I post this in the wrong forum? My previous posts have gotten tons of help. I have reviewed all the documents and posts on the site already, but I believe that my situation is a unique one. Does anyone have advice?

[EM_Vandaveer 2,364]

You are in the wrong forum, you should have posted in AOS from Family Visas.

You may have to use assets even if you wait to file until you have started your job. A brand new job may not satisfy USCIS. To be on the safe side

1) file once you have been working for at least 3-6 months

OR

2) use assets

OR

3) use a joint sponsor.

[Unlockable 7,306]

Seek a cosponsor. Future jobs or even new jobs doubt carry much weight.

I'd go as far as saying have more than 6 months of work experience.

[Harpa Timsah 13,258]

This is also in t he progress report subforum which few people frequent and isn't meant for questions.

If you have enough assets use that, though be careful on their rules for real estate. You won't get outright denied, you will get a RFE for co-sponsor. If you have 60K+ cash, then I wouldn't worry at all and go forth.

[AlinaB 43]

Whoops - thank you everyone. I'll try to get a mod to move this post.

Just for starters, as i stated before, a joint filer is a 0 possibility.

To make things more interesting, I have heard that the gov's biggest problem with a new job, is when that job is out of the blue and outside your experience. I have worked in academia for 6 years (while getting my PhD) and my future job is in academia. So although it is new to me, it is not new to my field of expertise. What are people's thoughts on this?

As for the assets, 60k is a tad over what I could supply, but one of the homes I own was recently appraised by the county for twice what I owe. Does this make a difference?

My fear with waiting of course is that my husband has to delay getting into the work force and/or that something will happen in Indonesia and he will need to rush down there before we actually submit his AOS. OR that filing 6 months after we get married is not a good idea and will be frowned upon. (Though from what I have read here, the timing does not seem to be too big a problem.)

Finally, I had also heard that you credit and history matters as well. Both of mine are stellar and show a person with solid, stable finances.

I guess my biggest fear is - what if we are denied? Will they automatically RFE for a join sponsor or will they flat out deny and send my husband packing? This will likely be the biggest factor weighing in on our AOS timing.

[EM_Vandaveer 2,364]

Your credit score does not matter at all. Like others stated as well, a brand new job won't do. Your choices are either waiting until you had a job for at least 6 months or using assets or finding a joint sponsor. Any USC or LPR can be a joint sponsor as long as they have income that's at least 125% of the poverty line for their household count plus one.

Edited June 10, 2016 by EM_Vandaveer

[AlinaB 43]

Your credit score does not matter at all. Like others stated as well, a brand new job won't do. Your choices are either waiting until you had a job for at least 6 months or using assets or finding a joint sponsor. Any USC or LPR can be a joint sponsor as long as they have income that's at least 125% of the poverty line for their household count plus one.

I appreciate your reply, however, as I have stated multiple times, a joint sponsor is 100% out of the question. Not an option. Cannot happen. Is not even a teeny blip on radar. So please, if everyone could stop suggesting this, I would appreciate it.

Also, I still have not gotten a direct answer to the question regarding "brand new job" vs "new job in the same field". I have read elsewhere in this forum, that a job being new is not a big deal when it is in the same field. I have a Masters, will soon have a PhD, and have worked in academia for 6 years. Does my job really qualify into this "brand new" category.

Forgive my constant questions and pushing, but I feel extremely uncomfortable waiting 6 months to file as it will be 6 months late, anything can happen to his family in that time and we would hate for him to not be able to go, and it delays his ability to work. I am just really surprised that someone with my strong work history, education, and financial assets would be considered a risk with a job that is not new to my field, but only new to me.

[EM_Vandaveer 2,364]

That specific job is brand new. It does not matter what field, or if you have worked in the same field before.

Please understand that if you file right after you start your job (before you've been working there for 6 months), you'll be RFEd and will end up having to use assets or a joint sponsor, which you say you categorically don't want. When you are RFEd and fail to come up with either of those, the AOS application will be denied.

What's worse? Waiting 6 months after you start your job & then file or file right away and be denied?

When an AOS application is denied there is a real possibility that your spouse will be put in removal proceedings. You can fight that, of course, and ultimately most likely successfully, but you'd need a lawyer and a lot of money.

IMHO if assets and a joint sponsor are out of the question then your only viable alternative is to wait to file until you have been at your job for at least 6 months and then file. People have done it after years & years of overstaying. The risk of your spouse getting picked up in the meantime by ICE is extremely small as long as you stay away from the southern border. In all my time as a visitor then AOS applicant then GC holder, no one ever asked me for proof of my immigration status, not even when my husband was driving (I was in the passenger seat) and we got pulled over by the police.

Edited June 11, 2016 by EM_Vandaveer

[TBoneTX 42,991]

*** Thread is moved from the "AOS from WS&T Visas" Case Progress subforum to the AOS/Family-Based main forum. ***

[KayDeeCee 4,891]

If your new job is well over the income requirement, then I would go ahead and file when you have a few months worth of pay stubs to provide, perhaps 3. Add in a letter from employer, or job offer/contract that states your position and salary. If you had not filed taxes in the previous 3 years, then add in your explanation statement about being a student and getting your masters, so your income was below the filing threshold and therefore not legally required to file by the IRS. Slip into that statement that you are now gainfully employed.

Add on all your qualifying assets too. All you can do is list what you have and see how it goes.

[Moslund 94]

I would personally go ahead and file and sent a letter from your employer along with bank statements and your savings... They won't straight up deny your application if what you send you isn't Enough proof then they will give you an RFE for more financial evidence around 6-8weeks after filing the AOS... You then have 90 days to respond to the RFE which is more than enough time for you to settle into your new job and provide more financial stability proof if its needed

[AlinaB 43]

That specific job is brand new. It does not matter what field, or if you have worked in the same field before.

Please understand that if you file right after you start your job (before you've been working there for 6 months), you'll be RFEd and will end up having to use assets or a joint sponsor, which you say you categorically don't want. When you are RFEd and fail to come up with either of those, the AOS application will be denied.

What's worse? Waiting 6 months after you start your job & then file or file right away and be denied?

When an AOS application is denied there is a real possibility that your spouse will be put in removal proceedings. You can fight that, of course, and ultimately most likely successfully, but you'd need a lawyer and a lot of money.

IMHO if assets and a joint sponsor are out of the question then your only viable alternative is to wait to file until you have been at your job for at least 6 months and then file. People have done it after years & years of overstaying. The risk of your spouse getting picked up in the meantime by ICE is extremely small as long as you stay away from the southern border. In all my time as a visitor then AOS applicant then GC holder, no one ever asked me for proof of my immigration status, not even when my husband was driving (I was in the passenger seat) and we got pulled over by the police.

I see. You have a very valid point. Do you mind if I send you a pm? I promise not to bombard you, I just don't want to plaster my financial info on a public website. I think you might be able to get a better picture of my scenario. I am curious about the comments below from someone else too. That I file in August and if I get an RFE, can later supply sufficient evidence. However, you give me the impression that their RFE will demand a joint sponsor, not just a resubmittal of further financial capability.

I would personally go ahead and file and sent a letter from your employer along with bank statements and your savings... They won't straight up deny your application if what you send you isn't Enough proof then they will give you an RFE for more financial evidence around 6-8weeks after filing the AOS... You then have 90 days to respond to the RFE which is more than enough time for you to settle into your new job and provide more financial stability proof if its needed

Thank you, this was also not something I had considered. I need to get as much information as possible before making my decision. I appreciate your (and everyone else's) comments immensely.

[EM_Vandaveer 2,364]

I see. You have a very valid point. Do you mind if I send you a pm? I promise not to bombard you, I just don't want to plaster my financial info on a public website. I think you might be able to get a better picture of my scenario. I am curious about the comments below from someone else too. That I file in August and if I get an RFE, can later supply sufficient evidence. However, you give me the impression that their RFE will demand a joint sponsor, not just a resubmittal of further financial capability.

Thank you, this was also not something I had considered. I need to get as much information as possible before making my decision. I appreciate your (and everyone else's) comments immensely.

Feel free to PM me.

[Shadowess 13]

My husband was in a similar situation as you, he completed his PhD prior to us proceeding with a K1.

When we applied for the K1 he had only been working for a month or two at a job outside of academia. We had no problems, he got a letter from his employer stating that he was a full time employee, what his wage was (well over the min requirements), and his start date.

We have applied for AOS with his having worked 9 months in this position and so far so good.

Also as mentioned above, if you have not filed taxes while you were in school then include a letter stating so and that you were not required to file due to not meeting the IRS threshold for filing. Since the AOS asks for the previous 3 years of tax info.

Of course I can't speak to the new job with AOS, but with the K1 we had no problems. Mostly they want to make sure that you can support your partner without them drawing on public funds.

I would suggest starting putting together the paperwork now then waiting until you have a month or so at your new job, get a letter from your employer and copies of your paystubs. It takes some time to put together your paperwork so use the time now before you start your job to get that sorted, then just slot in your employment info after you start your job.