AOS

[curnycoops14 0]

Hi All, I just need your advice. Last February ,I quit my job weeks after marrying my K1 fiance(my wife now) due to personal reasons . We haven't file AOS yet. But since I have a job now but don't have 3 months payslip yet.Can we file AOS now using old payslips and 1 payslip from my employer now?

 

Thank you in advance.

 

[curnycoops14 0]

Adjustment of Status- k1

[Loren Y 2,755]

I would file AOS as soon as possible so you wife has authorized stay and won't get deported. File with what you have now, and I would think worse case would be you would get an RFE for more current information on income, and then you can submit more information from your new job and an updated I864 I think it is. But if you just left your job in February, you would have filed taxes based on working all of the 2018 year in April, and you can send in that tax transcript for proof of income with the I864 showing you meet the guidelines. By the time your interview comes around, you will probably have another year's tax transcript from 2019 income to bring to the interview. Most local offices are really backed up for interviews and it is taking a year or more. You can check times at your local office on the USCIS website. Some are taking 24 months or longer, so plenty of time to get financially stable. Plus file for work and advance parole EAD/ AP card so your wife could work also, that will help financially also.

[Crazy Cat 41,975]

4 hours ago, curnycoops14 said:

Hi All, I just need your advice. Last February ,I quit my job weeks after marrying my K1 fiance(my wife now) due to personal reasons . We haven't file AOS yet. But since I have a job now but don't have 3 months payslip yet.Can we file AOS now using old payslips and 1 payslip from my employer now?

 

Thank you in advance.

 

You cannot use pay slips from a job you no longer have......You must prove CURRENT income.  I would file as soon as possible.  If the new spouse has been in the US for more than 90 days, he/she is at risk for being deported.  Once the I-485 is filed, the new spouse will be granted authorized stay.......there are no benefits in delaying.

[USS_Voyager 1,972]

The key thing is to get the filing in as soon as you can, because the filing of the I-485 is what gives your wife legal authorized stay in the US. Without a pending I-485, she is vulnerable and has no protection. There is a story about a K-1 person who did not file, was in a car accident, and the police detained her and she was in jail for 5 weeks.

[Ryan H 3,812]

Moved from Progress Reports.