Jump to content

7 posts in this topic

Recommended Posts

When my husband and I initially filed for his K-1 visa, I had a different work situation and was barely above the income threshold, so we used my dad as a joint sponsor, just in case. Now my income is more than sufficient to sponsor my husband, and I can provide evidence in pay stubbs (but not via taxes, yet). Any advice on filing with or without my previous joint sponsor for the adjustment of status, form I-864? Will the adjustment of status be denied if we do not list the same joint sponsor (when we no longer need one)? Thanks in advance

Share this post


Link to post
Share on other sites
9 minutes ago, zorinG said:

When my husband and I initially filed for his K-1 visa, I had a different work situation and was barely above the income threshold, so we used my dad as a joint sponsor, just in case. Now my income is more than sufficient to sponsor my husband, and I can provide evidence in pay stubbs (but not via taxes, yet). Any advice on filing with or without my previous joint sponsor for the adjustment of status, form I-864? Will the adjustment of status be denied if we do not list the same joint sponsor (when we no longer need one)? Thanks in advance

IMO....because they look at your entire financial situation and your employment situation is newish, I'd suggest hanging on to your joint sponsor.

What you COULD do is lay off on adding the joint sponsor for now in your application and see what they say with you just using your Employment Verification letter and as many current paystubs as possible to prove current income.

 

The worst that could happen is they request a joint sponsor. At best, you wont need one and your pops will be off the hook.

Edited by K1visaHopeful

Share this post


Link to post
Share on other sites

I appreciate your reply. We def want pops off the hook. 

So they could just come back and say, "hey, you need a joint sponsor" not just deny the whole thing?

I wonder if applying for the EAD (work permission) plays a role in their consideration...

 

Share this post


Link to post
Share on other sites
1 minute ago, zorinG said:

I appreciate your reply. We def want pops off the hook. 

So they could just come back and say, "hey, you need a joint sponsor" not just deny the whole thing? Yes they would send you an RFE for not meeting the FPGL's and request a JS. They wouldnt proceed to denial.

 

I wonder if applying for the EAD (work permission) plays a role in their consideration... 

Can you elaborate on what you're getting at....?

At this stage not really. BUT when your husband does get approved for the EAD he can also be a co-sponsor and add his income to the current household income and on your I864. If your interview takes quite awhile he may have time to get a few paystubs under his belt too and you could submit a new I864 at your interview including his income, and ask that your pops I864 be not include as a joint sponsor. Again, the IO could issue a checklist at that point requesting a joint sponsor before they approved the GC but then you could just provide your dad again as a JS. 

 

 

Share this post


Link to post
Share on other sites

What I meant was, since my husband will also be applying for the EAD at the same time as we file the I-485/I-864, they will see that he would also be contributing to our finances once he has permission to work, before he has his GC, roughly three months from filing time. Hope that is clearer. 

I am probably over thinking it but the idea of making any modifications or changes or adding any new information makes me so nervous. This was a long and stressful process for us and the thought that it's not yet over is crazy considering what we have been through. 

Regardless, your advice seems to be spot on.

Thanks again. 

Edited by zorinG
Addition

Share this post


Link to post
Share on other sites
13 minutes ago, zorinG said:

What I meant was, since my husband will also be applying for the EAD at the same time as we file the I-485/I-864, they will see that he would also be contributing to our finances once he has permission to work, before he has his GC, roughly three months from filing time. Hope that is clearer. Actually it's 4 to 6 months from application of the EAD currently. And no, they only consider actual numbers/Income to report in the moment.

I am probably over thinking it but the idea of making any modifications or changes or adding any new information makes me so nervous. This was a long and stressful process for us and the thought that it's not yet over is crazy considering what we have been through. No it's not really that big of an issue as financial situations change over time. Especially with the long wait in between AOS application and the actual interview. Ppl submit an updated I864 all the time at the interview. The IO will usually ask at the interview if your financial situation has changed and you will have the opportunity then to submit a new I864.

Regardless, your advice seems to be spot on.

Thanks again. 

 

Share this post


Link to post
Share on other sites

A hijack post has been removed.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×