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Ycats

I-864 Job change

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Greetings AOS Friends,

 

Recently, my husband (the AOS candidate) has been miserable at work. He REALLY wants to quit. But he was our listing on the affidavit of support I-864 document, because at the time of filing, I did not have a job. (I do have 2 jobs now.) We filed on July 31, 2018 and he has received his new EAD card in the mail. (He was on the F-1 EAD card, and recently got his EAD card for the AOS process.) And we also got the mail notice that we are now eligible or in line to schedule our interview (not yet scheduled).

 

 We just wanted to make completely sure, that nothing will happen to the status if he quits his current job. I believe that I can just bring documents showing these changes when we go in for the interview and showing that I make enough money for the affidavit of support. But, in case there was something hidden in the lines that I might have missed, I am asking you lovely folks for some help.

 

Thank you always for your time!

 


AOS

April-06-2018 - Married

Jul-31-2018 - Mailed AOS Package (I-485, I-130, I-765, I-131)

Aug-02-2018 - AOS Package Delivered (According to USPS) 

Aug-09-2018 - Email & text notifications package received, money orders cashed 

Aug-13-2018 - Hardcopy NOA for I-485, I-130, I-765, I-131 

Aug-17-2018 - Biometrics Appointment Letter Schedule

Aug-28-2018 - Biometrics Appointment Successful 

Nov-01-2018 - Change of Address Forms Sent

Nov-06-2018 - 90 Days since application received USCIS

Dec-13-2018 - Text Notification about Scheduling Interview

Dec-19-2018 - Text Notification that the EAD card is in Production

Dec-21-2018 - Text Notification that EAD card is on its way - arrive before Jan. 5

Dec-22-2018 -  Hardcopy Letter EAD and Advanced Parole card on its way

Dec-28-2018 - Received EAD/AP Combo Card

 

 

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Can he stick it out until he finds another job? 

 

The problem with using your income is that you won't be able to show 2017 or 2018 (depending on when the interview is) tax returns with enough for both of you (if I understand your situation correctly, since your jobs are relatively new). 

 

If you can, then it's completely fine. Yoy will submit an updated I-864 with one year of tax returns from you showing income above the PL. 

 

If he needs to quit now, and has a new job by the date of the interview, you should also be fine. You'll just submit an updated I-864 with his tax returns and a new letter of employment + pay stubs. 

 

But if he quits and doesn't have a new job by then, AND you can't show the previous tax year's worth of returns, that's not an ideal situation to be in. I suppose it could fly, depends on the IO. 

Edited by eckoin

Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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3 minutes ago, eckoin said:

Can he stick it out until he finds another job? 

 

The problem with using your income is that you won't be able to show 2017 or 2018 (depending on when the interview is) tax returns with enough for both of you (if I understand your situation correctly, since your jobs are relatively new). 

 

If you can, then it's completely fine. Yoy will submit an updated I-864 with one year of tax returns from you showing income above the PL. 

 

If he needs to quit now, and has a new job by the date of the interview, you should also be fine. You'll just submit an updated I-864 with his tax returns and a new letter of employment + pay stubs. 

 

But if he quits and doesn't have a new job by then, AND you can't show the previous tax year's worth of returns, that's not an ideal situation to be in. I suppose it could fly, depends on the IO. 

Luckily I do have 2017 and 2018 tax returns. I was out of work for about 2 and a half months end of June to mid September. And I believe my funds were sufficient for those years. Thank you for the response. He will be looking for work or we might wait until he finds a job first before he quits. Depends on if they torture his soul even more than they already have. !

Thanks again!


AOS

April-06-2018 - Married

Jul-31-2018 - Mailed AOS Package (I-485, I-130, I-765, I-131)

Aug-02-2018 - AOS Package Delivered (According to USPS) 

Aug-09-2018 - Email & text notifications package received, money orders cashed 

Aug-13-2018 - Hardcopy NOA for I-485, I-130, I-765, I-131 

Aug-17-2018 - Biometrics Appointment Letter Schedule

Aug-28-2018 - Biometrics Appointment Successful 

Nov-01-2018 - Change of Address Forms Sent

Nov-06-2018 - 90 Days since application received USCIS

Dec-13-2018 - Text Notification about Scheduling Interview

Dec-19-2018 - Text Notification that the EAD card is in Production

Dec-21-2018 - Text Notification that EAD card is on its way - arrive before Jan. 5

Dec-22-2018 -  Hardcopy Letter EAD and Advanced Parole card on its way

Dec-28-2018 - Received EAD/AP Combo Card

 

 

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39 minutes ago, Ycats said:

Luckily I do have 2017 and 2018 tax returns. I was out of work for about 2 and a half months end of June to mid September. And I believe my funds were sufficient for those years. Thank you for the response. He will be looking for work or we might wait until he finds a job first before he quits. Depends on if they torture his soul even more than they already have. !

Thanks again!

If your 2017 tax transcript from IRS shows that you made enough on your own, or if you can submit your 2018 taxes now showing the same, you're fine, don't let him get tortured. Just make sure the gross income from you is enough. 

 

Either way good luck! 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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