Questions to be asked at AOS interview - stressed to heck!

[A&H2018 146]

There is no reason to lie lots of people get laid off and then land on their feet again. The real question is how consistent was his income, do you have liquid assets saved, do you have property etc...Your severance for sure would qualify as "liquid assets" if not current income for a while stronger. Read the i864 correctly the onus of prove on "unemployment benefits" etc is rather high. Also as mentioned do you have any assets or will be proving income to the household as well.

 

Remember USCIS fear is you become a public charge, I highly doubt your husband wants that or plans to be on "unemployment" alone for an extended time. So think how he plans to move forward in general and that should provide you plenty of answers and why you shouldn't panic.

[TNJ17 1,329]

Never lie. And no you’re not done once you submit paperwork. If he’s no longer employed your paperwork is no longer correct and needs to be updated. So you need to bring a newly filled out form to your interview. He needs to find a new job fast that can cover the financial requirements or you need to get a co sponsor. You can use the money you have as part of it but remember that when you use money and assets as proof that it’s actually more (I believe it’s 3x more someone correct me if I’m wrong). 

[A&H2018 146]

38 minutes ago, TNJ17 said:

Never lie. And no you’re not done once you submit paperwork. If he’s no longer employed your paperwork is no longer correct and needs to be updated. So you need to bring a newly filled out form to your interview. He needs to find a new job fast that can cover the financial requirements or you need to get a co sponsor. You can use the money you have as part of it but remember that when you use money and assets as proof that it’s actually more (I believe it’s 3x more someone correct me if I’m wrong). 

3x is correct for spouse sponsorship.

[geowrian 22,335]

6 hours ago, Troggy said:

As I explained above we have some income in the form of this severance package and other things that will keep us afloat for months and months. If we get quizzed about this, can we just say that we have a certain amount of income laid down and fully expect to get jobs soon? And obviously show them paperwork to back to this up. It is true, my husband is a very skilled and experienced IT consultant.

I concur with showing your income and your combined assets. I would try the severance income (if he is still receiving at the time), or unemployment compensation if he is receiving that. Nobody can know what the IO will decide, but I do think if they do ask for an updated I-864 and you provide both of the items above and that meets at least the minimum income level, you would have a decently strong case.

 

Plans to obtain another job, one's earning potential, etc. will not meet the requirements. They go by current income (and assets), not expected income.

 

1 hour ago, TNJ17 said:

If he’s no longer employed your paperwork is no longer correct and needs to be updated. So you need to bring a newly filled out form to your interview.

This is technically incorrect. The I-864 only needs to be correct at the time it is filed. You are not required to present a new one unless requested.

The IO can request a new one, which would likely occur if he learns of the change in circumstances. Having a new I-864 and/or joint sponsor ready is recommended just in case.

[jgwalker 1]

The interviewer asked very little in terms of "validating the relationship."  He apparently was satisfied with our information and only asked my wife if her address had changed (it didn't) and were we married (very dumb question).  Honestly, I thought the whole interview here (Phoenix) was silly but from what I've ready here on VJ that's sometimes the case.  About your husband's job situation.  Hmmm...  I would advise that he find something (anything) until the interview is over since it's best to be honest about it should that question be brought up.  Good luck to both of you...

[ttram312 10]

When we went through our interview, the IO spent about 5 minutes to go through I-864 with us because my husband was self-employed and they IO wasn't sure how to read his income statement that we submitted. She also went through our entire package with us in the room and asked questions in area that she wasn't sure. 

 

I'd say bring all the documents regarding severance package, unemployment benefit, etc. with a newly filled I-864 form just in case. It doesn't hurt if you can ask someone to be co-sponsor also. They may or may not ask during your interview, but better be overly prepared in this situation. 

[killadocg23 74]

What visa did you adjust status from? Also how long did it take for you to be called for an interview from the time you sent your packages off? I am at the San Antonio fieled office as well so I am curious.

[Dohan 133]

you most likely will not be asked about his employment as they are more interested in your status as a couple, they're checking to see you are really married. As mentioned by others, rule of thumbs with USCIS, NEVER LIE

[TriloByte 1,818]

11 hours ago, jgwalker said:

The interviewer asked very little in terms of "validating the relationship."  He apparently was satisfied with our information and only asked my wife if her address had changed (it didn't) and were we married (very dumb question).  Honestly, I thought the whole interview here (Phoenix) was silly but from what I've ready here on VJ that's sometimes the case.  About your husband's job situation.  Hmmm...  I would advise that he find something (anything) until the interview is over since it's best to be honest about it should that question be brought up.  Good luck to both of you...

Thanks, but in our case, it's a double-edged sword. Getting something temporary for the purposes of this interview might help satisfy the IO IF such questions are asked, however, My (I am the one who lost the job, I'm her husband) severance is 8000.00 dollars a month for 2.5 months, then unemployment is 2000.00 dollars a month for 6 months and then 10+k to float us after that. In fact, it's better to NOT find anything in the meantime. It's actually more secure to use these benefits, which more than likely will give us more money than if I just found just any job, and it gives me time to look for a very good job at the same time. I have to think about what REALLY brings security, not just what some moron in a USICS office thinks looks good on paper.

 

There is still the issue of getting the unemployment approved before Aug 8th. I'm thinking RFIE if the question is asked about employment and I don't have unemployment approved in time. 

 

Of course, I hope I have a job by then, but this is within the context of what happens IF that has not happened.

Edited July 17, 2018 by TriloByte

[TriloByte 1,818]

So Here's what I think might happen based on all information gathered so far. We could call this the road to deportation that better not happen?:

1. There is a 50/50 chance of being asked about employment. If they do not ask then there's nothing more to be done other than to find a job. If they do ask, point 2.
2. They ask and we tell them we are both job searching and that we have severance for 2.5 months and unemployment for six months but unemployment has not yet been approved. Skip to main point 3 if unemployment is approved.
   1. They are ok with this, nothing more.
   2. They are not ok with this and want more, perhaps a time period to provide proof of unemployment and a new job.
      1. I find a job, all good.
      2. We were not able to find employment, but we find a sponsor and all is good
      3. We were not able to find employment or a sponsor. I assume at this point she is deported?
   3. The USCIS police burst in and deport her on the spot.
3. They ask and we tell them we are both job searching and that we have severance for 2.5 months and unemployment for six months and unemployment has been approved.
   1. They are ok with this, nothing more.
   2. They are not ok with this and want more, perhaps a time period to provide proof of a new job.
      1. I find a job, all good.
      2. We were not able to find employment, but we find a sponsor and all is good
      3. We were not able to find employment or a sponsor. I assume at this point she is deported?
   3. The USCIS police burst in and deport her on the spot.

Edited July 17, 2018 by TriloByte

[geowrian 22,335]

17 minutes ago, TriloByte said:

So Here's what I think might happen based on all information gathered so far. We could call this the road to deportation that better not happen?:

1. There is a 50/50 chance of being asked about employment. If they do not ask then there's nothing more to be done other than to find a job. If they do ask, point 2.
2. They ask and we tell them we are both job searching and that we have severance for 2.5 months and unemployment for six months but unemployment has not yet been approved. Skip to main point 3 if unemployment is approved.
   1. They are ok with this, nothing more.
   2. They are not ok with this and want more, perhaps a time period to provide proof of unemployment and a new job.
      1. I find a job, all good.
      2. We were not able to find employment, but we find a sponsor and all is good
      3. We were not able to find employment or a sponsor. I assume at this point she is deported?
   3. The USICS police burst in and deport her on the spot.
3. They ask and we tell them we are both job searching and that we have severance for 2.5 months and unemployment for six months and unemployment has been approved.
   1. They are ok with this, nothing more.
   2. They are not ok with this and want more, perhaps a time period to provide proof of a new job.
      1. I find a job, all good.
      2. We were not able to find employment, but we find a sponsor and all is good
      3. We were not able to find employment or a sponsor. I assume at this point she is deported?
   3. The USICS police burst in and deport her on the spot.

ICE will not show up to bust anybody (well, assuming you don’t start making threats then some sort of LEO will show up!). They have shown up at AOS appointments in the past, but this was with an existing remove order (which doesn’t apply to your case).

 

If the IO isn’t convinced with the income evidence presented, they would most likely send an RFE. You would need to respond the RFE with a satisfactory I-864 before the RFE expires. If not, they will deny the I-485. They are unlikely to issue an NTA at that point, but it is possible. Until an NTA is issued, you can refill for AOS.

 

Any old EAD or AP would be cancelled with the denied I-485, so new ones would be needed.

 

If an NTA is issued, you would still have time to challenge the removal. This buys you a bunch of time to find employment or a sponsor. Obviously you want to avoid going in front of an immigration judge, but it’s not the end of the line either. The point is you have plenty of time and steps before an actual deportation.

Edited July 17, 2018 by geowrian

[TriloByte 1,818]

6 minutes ago, geowrian said:

ICE will not show up to bust anybody (well, assuming you don’t start making threats then some sort of LEA will show up!). They have shown up at AOS appointments in the past, but this was with an existing remove order (which doesn’t apply to your case).

 

If the IO isn’t convinced with the income evidence presented, they would most likely send an RFE. You would need to respond the RFE with a satisfactory I-864 before the RFE expires. If not, they will deny the I-485. They are unlikely to issue an NTA at that point, but it is possible. Until an NTA is issued, you can refill for AOS.

 

Any old EAD or AP would be cancelled with the denied I-485, so new ones would be needed.

 

If an NTA is issued, you would still have time to challenge the removal. This buys you a bunch of time to find employment or a sponsor. Obviously you want to avoid going in front of an immigration judge, but it’s not the end of the line either. The point is you have plenty of time and steps before an actual deportation.

So basically what I said, only you gave more details around the steps of a deportation in the event no job is found that meets the minimum requirement. Thanks for that! I was really only joking about them bursting in and deporting her on the spot. 

Edited July 17, 2018 by TriloByte

[TriloByte 1,818]

2 hours ago, Dohan said:

you most likely will not be asked about his employment as they are more interested in your status as a couple, they're checking to see you are really married. As mentioned by others, rule of thumbs with USCIS, NEVER LIE

I like your optimism! Let's hope for this. 

[Troggy 6]

17 minutes ago, geowrian said:

ICE will not show up to bust anybody (well, assuming you don’t start making threats then some sort of LEO will show up!). They have shown up at AOS appointments in the past, but this was with an existing remove order (which doesn’t apply to your case).

 

If the IO isn’t convinced with the income evidence presented, they would most likely send an RFE. You would need to respond the RFE with a satisfactory I-864 before the RFE expires. If not, they will deny the I-485. They are unlikely to issue an NTA at that point, but it is possible. Until an NTA is issued, you can refill for AOS.

 

Any old EAD or AP would be cancelled with the denied I-485, so new ones would be needed.

 

If an NTA is issued, you would still have time to challenge the removal. This buys you a bunch of time to find employment or a sponsor. Obviously you want to avoid going in front of an immigration judge, but it’s not the end of the line either. The point is you have plenty of time and steps before an actual deportation.

I don't have the energy to say anything especially worth reading right now (depressed) - except to say thank you. 

Edited July 17, 2018 by Troggy

[ShanghaiSurfer 135]

Just had my interview today. They did not ask any questions regarding finances or for any pay stub or any other financial documents. However they did ask my occupation. So if you had the same officer you would have passed as your occupation hasn’t changed. All the rest of the questions were based on relationship. 

 

Wish you good luck.