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Need advice on the best next steps

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I got here on April 4 2019, we got married on June 2, 2019, I'll be out of status on July 2, 2019. My fiancee had a job where she was making $87,000 per annum until she quit and her last day was May 3. She is currently looking for a job, and hopefully should have one within the next few weeks, we need advice as to what will be the best course of action for us:

 

1) Should we apply for AOS (+EAD and AP) ASAP before I go out of status, without her having a job, with the previous pay stubs, and then wait for a RFE?

2) Should we apply for AOS after she gets a job risking me being out of status, and then wait for her first pay stub and then apply for AOS? or without the first pay stub and just with the letter of employment from her new employer?

 

Also, is it possible to apply for EAD without AOS so that I can get my EAD sooner? and then I can apply for AOS after a few weeks once she has a job and pay stubs?

 

Any advice is appreciated! Thank you!

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If your I-94 expires before filing your I-485, you will be out of status and subject to deportation....once you file your I-485, you will be granted "authorized stay" pending adjudication.......it's time to find a joint sponsor, imo.........there are no benefits to delaying submission of the I-485.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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14 minutes ago, ds2 said:

Also, is it possible to apply for EAD without AOS so that I can get my EAD sooner? and then I can apply for AOS after a few weeks once she has a job and pay stubs?

 

The processing of one doesn't impact the other, although it would cost more to apply separately.

 

You will need a joint sponsor.

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Category A6 EADs are obsolete. At a time when EADs were processed within the first 90 days of arrival and would enable you to work within the first 90 days of arrival but expire on day 90, do not exist anymore due to the fact that they take longer than 90 days to process.

Your only option for an EAD is a category C9 and that must be applied for at the same time as I485 or after you have a AOS application in but not before.

Do not wait until your I-94 expires to apply for AOS as you will be out of status and eligible for deportation.

Your only option now would be to secure a joint sponsor who will file a separate I864 in support of your US citizen Spouse sponsor's I864.

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You will be out of status next week. The sooner that you apply for the Full Meal Deal, AOS/EAD/AP, the better. USCIS is running a deal right now, file for the Full Meal Deal, and the fees for EAD/AP are waived. Get the co-sponsors as others have suggested. Be advised that the processing times for EAD/AP applications was recently changed to 6 to  8 months or more (that seems to be trending up). Some folks are trying the expedite EAD/AP process. There has been a trickle of  successful results of this activity by an  increasing number of frantic attempts. AOS processing is currently taking upwards of almost a year or more (that also seems to be trending up). The sooner you get into the fray, the sooner you will be through with it.

 

Don't get caught while you are out of status, you will likely be detained, and maybe subject to a removal hearing.

 

Good luck on your immigration journey.

 


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19 hours ago, missileman said:

If your I-94 expires before filing your I-485, you will be out of status and subject to deportation....once you file your I-485, you will be granted "authorized stay" pending adjudication.......it's time to find a joint sponsor, imo.........there are no benefits to delaying submission of the I-485.

 

19 hours ago, Jorgedig said:

The processing of one doesn't impact the other, although it would cost more to apply separately.

 

You will need a joint sponsor.

 

19 hours ago, K1visaHopeful said:

Category A6 EADs are obsolete. At a time when EADs were processed within the first 90 days of arrival and would enable you to work within the first 90 days of arrival but expire on day 90, do not exist anymore due to the fact that they take longer than 90 days to process.

Your only option for an EAD is a category C9 and that must be applied for at the same time as I485 or after you have a AOS application in but not before.

Do not wait until your I-94 expires to apply for AOS as you will be out of status and eligible for deportation.

Your only option now would be to secure a joint sponsor who will file a separate I864 in support of your US citizen Spouse sponsor's I864.

 

2 hours ago, Pitaya (火龙果) said:

You will be out of status next week. The sooner that you apply for the Full Meal Deal, AOS/EAD/AP, the better. USCIS is running a deal right now, file for the Full Meal Deal, and the fees for EAD/AP are waived. Get the co-sponsors as others have suggested. Be advised that the processing times for EAD/AP applications was recently changed to 6 to  8 months or more (that seems to be trending up). Some folks are trying the expedite EAD/AP process. There has been a trickle of  successful results of this activity by an  increasing number of frantic attempts. AOS processing is currently taking upwards of almost a year or more (that also seems to be trending up). The sooner you get into the fray, the sooner you will be through with it.

 

Don't get caught while you are out of status, you will likely be detained, and maybe subject to a removal hearing.

 

Good luck on your immigration journey.

 

Thank you everyone for your responses! I agree that finding a co-sponsor is the best way to go, but also she's close to landing a job by July 3rd, would it be fine if we submit the AOS application with just the employment verification/confirmation letter and without the 1st pay stub which we will receive by June 15? 

 

What do you guys think? 

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1 minute ago, ds2 said:

 

 

 

Thank you everyone for your responses! I agree that finding a co-sponsor is the best way to go, but also she's close to landing a job by July 3rd, would it be fine if we submit the AOS application with just the employment verification/confirmation letter and without the 1st pay stub which we will receive by June 15? 

 

What do you guys think? 

In my opinion, your FIRST concern should be filing before expiration of the I-94.  Just recently a poster (whose I-94 had expired) was in a car stopped by police.  Because she was out of status with no authorized stay, she was jailed for 5 weeks....her case is still on-going.......good luck on your journey.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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4 minutes ago, ds2 said:

 

 

 

Thank you everyone for your responses! I agree that finding a co-sponsor is the best way to go, but also she's close to landing a job by July 3rd, would it be fine if we submit the AOS application with just the employment verification/confirmation letter and without the 1st pay stub which we will receive by June 15? 

 

What do you guys think? 

With changes to the rules on denials that came into effect September 11th, 2018 I would suggest looking for a joint sponsor. This is because they can automatically deny you for the reason that are you are holding your place in line without providing all of the required documents necessary for your application. A denial would mean they would take your $1,225 and you would have to reapply paying another $1,225.

Your call though. They may accept her job offer letter as good enough evidence of current employment income but I doubt it.

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I agree with @K1visaHopeful.  Seems that a joint sponsor would be a good plan.....


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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2 hours ago, K1visaHopeful said:

With changes to the rules on denials that came into effect September 11th, 2018 I would suggest looking for a joint sponsor. This is because they can automatically deny you for the reason that are you are holding your place in line without providing all of the required documents necessary for your application. A denial would mean they would take your $1,225 and you would have to reapply paying another $1,225.

Your call though. They may accept her job offer letter as good enough evidence of current employment income but I doubt it.

So you think her new job offer letter and her paystubs from her last job through Jan - May wont suffice? Do you think in addition to the above, her first paystub from her new job would suffice?

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2 hours ago, K1visaHopeful said:

With changes to the rules on denials that came into effect September 11th, 2018 I would suggest looking for a joint sponsor. This is because they can automatically deny you for the reason that are you are holding your place in line without providing all of the required documents necessary for your application. A denial would mean they would take your $1,225 and you would have to reapply paying another $1,225.

Your call though. They may accept her job offer letter as good enough evidence of current employment income but I doubt it.

 

2 hours ago, missileman said:

I agree with @K1visaHopeful.  Seems that a joint sponsor would be a good plan.....

 I agree that a joint sponsor is the best way to go through but we are unable to find any who is willing to do that since it needs to be a U.S. Citizen or a permanent resident :(

 

So what would be the second best plan as per your experiences? 

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22 minutes ago, ds2 said:

 

 I agree that a joint sponsor is the best way to go through but we are unable to find any who is willing to do that since it needs to be a U.S. Citizen or a permanent resident :(

 

So what would be the second best plan as per your experiences? 

Without a joint sponsor, you will have to convince the consulate officer that you have adequate CURRENT & FUTURE income to overcome a public charge concern.  Past tax filings are considered, but current income is king, imo.   Any pay stubs, current employer letters, and or qualifying assets are about the only other options I can think of........


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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36 minutes ago, ds2 said:

So you think her new job offer letter and her paystubs from her last job through Jan - May wont suffice? Do you think in addition to the above, her first paystub from her new job would suffice?

Previous employment wont be considered because she no longer is employed by them.

 

You could try with a current employment letter at a job she is currently working at however EVLs should contain the start date of employment so if it's too soon before your filing date they most likely wont consider it stable employment. If she hasnt started working yet prior to your filing it doesnt prove stability.

 

Will she have started her new job prior to you filing and prior to your i94 expiring so you wont become out of status?

 

That's really the issue.

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1 hour ago, K1visaHopeful said:

Previous employment wont be considered because she no longer is employed by them.

 

You could try with a current employment letter at a job she is currently working at however EVLs should contain the start date of employment so if it's too soon before your filing date they most likely wont consider it stable employment. If she hasnt started working yet prior to your filing it doesnt prove stability.

 

Will she have started her new job prior to you filing and prior to your i94 expiring so you wont become out of status?

 

That's really the issue.

What if we wait until she gets her first pay stub and then file? Is that considered stable?

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