sponsor quits job while pending AOS

[kaylaKo 5]

I filed my AOS on October 31.. My spouse is planning to quit job because it's very stressful. Will that have any effects on my application?

I'm currently working and my salary is beyond the poverty limit. I'll be able to support us but I did not fille I-864A with my application.

[Transborderwife 4,666]

best advice: do not quit one job before you have another. if you are the immigrant, your job does not count unless you're adjusting from a work visa.

[LionessDeon 2,060]

Your spouse should try to stick it out until you receive your greencard. It will be even more stressful if you are denied.

[lacolinab13 86]

How are you working? Are you adjusting from a work visa?

[kaylaKo 5]

I'm adjusting from H-1B (work visa)

[Transborderwife 4,666]

I'm adjusting from H-1B (work visa)

then absolutely your income may count

[Penguin_ie 5,994]

***** Moving from AOS from Family Visa to AOS from Work visa forum ******

Since you are legally working, and assuming your job is stable and you are sure you won;t be let go, you will be fine on your salary. Submit an updated I-864 and I-864A as necessary at your interview.

[Harpa Timsah 13,258]

Lots of misinformation here.

An immigrant may count any legal income in the US as long as they can show that the income will continue from the same source after the GC is received. You will need a letter from your employer stating such.

And unless there are other immigrants, you as the spouse of a USC can add your income to the I-864. You don't need a separate I-864. It explains this in the instructions.

[aayitrun 66]

***** Moving from AOS from Family Visa to AOS from Work visa forum ******

Since you are legally working, and assuming your job is stable and you are sure you won;t be let go, you will be fine on your salary. Submit an updated I-864 and I-864A as necessary at your interview.

You do not file an 864a for yourself. When you are the immigrant in the sponsors household earning legal income, you just add it to the sponsors household income and attach a letter from your employer saying that your h1b job isn't a term contract but rather a full time position and a copy of your h1 i797 approval.

I haven't been through your situation, but if I were you, I'd fill out a new 864 reading the instructions carefully and then let your sponsor quit the job if your income is over the guidelines which I think all h1 jobs are. My sponsor had no income and we filed purely on the basis on my h1 income. It's perfectly valid.

Carry this new 864 and supporting evidence.

[kaylaKo 5]

I added my employment letter and our combined income in my I-864 package. Is this enough? I'll just prepare a revised paperwork once my spouse resigns

[aayitrun 66]

verbatim from the instructions:

"If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements:

1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and

2. The intending immigrant must currently live with you in your residence.

Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children."

for 1: you have to prove legality of income (h1b approval notice) and continuity (letter saying job is not contractual).

for 2: you have to prove common residence: i used various utility and insurance bills that listed one or the other spouse with the same address.

I recommend creating an 864 packet that is complete in its own right.