AOS K1

[ron082016 0]

Hi all, just need your advice. My husband lost his job months ago.We moved to a different state and now he just started working to this new company. My question is can we file AOS even though we dont have enough payslip to show?  Since he just started working again. Or we have to wait til he have the 3 months payslip? 

[Crazy Cat 41,975]

14 minutes ago, ron082016 said:

Hi all, just need your advice. My husband lost his job months ago.We moved to a different state and now he just started working to this new company. My question is can we file AOS even though we dont have enough payslip to show?  Since he just started working again. Or we have to wait til he have the 3 months payslip? 

Your timeline seems to indicate that maybe you have been in the US more than 90 days.  If that is correct, I would file for adjustment of Status as soon as possible.  Once your I-94 expired (90 days after entry), you were immediately out of status and subject to deportation.  Once you file the I-485, you will be granted "authorized stay" pending adjudication of the I-485.  You can present whatever financial evidence you have..........but you should file immediately.

Edited June 24, 2019 by missileman

[usmsbow 801]

17 minutes ago, ron082016 said:

Hi all, just need your advice. My husband lost his job months ago.We moved to a different state and now he just started working to this new company. My question is can we file AOS even though we dont have enough payslip to show?  Since he just started working again. Or we have to wait til he have the 3 months payslip? 

 

Don't wait, just file now. If USCIS wants more documentation, you can provide it when they send you a RFE. Better to "start the clock" now since it will likely be more than 3 months before USCIS even gets around to reviewing your application. By that point, your husband should have plenty of payslips he can provide. 

[USS_Voyager 1,972]

File now. Send in what you have. It will be many months before they look at your application. If at that time they want to see more paystubs, they will RFE for more, and you will have many months of paystubs to give them. The most important thing is to get your application sent in NOW. The filing of the I-485 is the only thing keep you legally in the US after your I-94 expired

[ron082016 0]

7 hours ago, missileman said:

Your timeline seems to indicate that maybe you have been in the US more than 90 days.  If that is correct, I would file for adjustment of Status as soon as possible.  Once your I-94 expired (90 days after entry), you were immediately out of status and subject to deportation.  Once you file the I-485, you will be granted "authorized stay" pending adjudication of the I-485.  You can present whatever financial evidence you have..........but you should file immediately.

Hello, another question. my husband just stated today on this  new job. No paystub yet. Should we wait for 1 recent paystub, before filing it? Thank you

[usmsbow 801]

9 hours ago, ron082016 said:

Hello, another question. my husband just stated today on this  new job. No paystub yet. Should we wait for 1 recent paystub, before filing it? Thank you

 

Does he have an offer letter? Tax transcripts for the past 3 years? Include those. And you haven't told us the most important part: have you been in the US 90 days or more? If less than 90 days, then wait. If not, I'd advise sending in the AOS application now without the paystub. 

[Ontarkie 14,270]

~~Moved to AOS Family K1/K3, from Working and Traveling as the OP is starting the AOS process.~~