Do I need a new AOS I-864

[JanettRod 10]

Hi VJfamily. 
 

So I’m wondering if I need a new AOS if I’m no longer employed at the place I had originally filed. 
We finally received notice my husbands case has been expedited and I want to make sure I have all documents when it’s time for his interview in Ciudad Juarez. 
 

ive been unemployed due to the pandemic, my husband continued to work. He makes good money on his own. Is there something I should do as in updating AOS??

[HRQX 4,145]

29 minutes ago, JanettRod said:

my husband continued to work. He makes good money on his own.

If he is currently in the US then does he have an EAD? https://www.law.cornell.edu/cfr/text/8/213a.1 "Household income means the income used to determine whether the sponsor meets the minimum income requirements under sections 213A(f)(1)(E), 213A(f)(3), or 213A(f)(5) of the Act. It includes the income of the sponsor, and of the sponsor's spouse and any other person included in determining the sponsor's household size, if the spouse or other person is at least 18 years old and has signed the form designated by USCIS for this purpose, on behalf of the sponsor and intending immigrants. The “household income” may not, however, include the income of an intending immigrant, unless the intending immigrant is either the sponsor's spouse or has the same principal residence as the sponsor and the preponderance of the evidence shows that the intending immigrant's income results from the intending immigrant's lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun will not be sufficient to meet this requirement."

 

~~moved to IR1/CR1 process and procedures from DCF.  OP is not doing direct consular filing~~

Edited September 9, 2021 by HRQX

[JanettRod 10]

7 minutes ago, HRQX said:

If he is currently in the US then does he have an EAD? https://www.law.cornell.edu/cfr/text/8/213a.1 "Household income means the income used to determine whether the sponsor meets the minimum income requirements under sections 213A(f)(1)(E), 213A(f)(3), or 213A(f)(5) of the Act. It includes the income of the sponsor, and of the sponsor's spouse and any other person included in determining the sponsor's household size, if the spouse or other person is at least 18 years old and has signed the form designated by USCIS for this purpose, on behalf of the sponsor and intending immigrants. The “household income” may not, however, include the income of an intending immigrant, unless the intending immigrant is either the sponsor's spouse or has the same principal residence as the sponsor and the preponderance of the evidence shows that the intending immigrant's income results from the intending immigrant's lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun will not be sufficient to meet this requirement."

 

~~moved to IR1/CR1 process and procedures from DCF.  OP is not doing direct consular filing~~

Yes, he lives with me in the US. So if I understood correctly we should be fine?… his income should be enough? 

[HRQX 4,145]

2 minutes ago, JanettRod said:

Yes, he lives with me in the US. So if I understood correctly we should be fine?… his income should be enough? 

Which category is on his EAD? https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employer-information/employment-authorization

[JanettRod 10]

3 minutes ago, HRQX said:

Which category is on his EAD? https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employer-information/employment-authorization

No, he uses Itin…

[HRQX 4,145]

2 minutes ago, JanettRod said:

No, he uses Itin…

Then his income cannot be used on I-864 since he doesn't have USCIS work authorization.

[JanettRod 10]

1 minute ago, HRQX said:

Then his income cannot be used on I-864 since he doesn't have USCIS work authorization.

Okay, so since our daughter is finally back to school, I’m going back to work but it’s not the same place from my AOS. Will that be an issue? 

[pushbrk 12,969]

Just now, JanettRod said:

Okay, so since our daughter is finally back to school, I’m going back to work but it’s not the same place from my AOS. Will that be an issue? 

It will be an issue if asked about current employment.  Just tell the truth.  Is this a visa case with interview in Cuidad Juarez or is it adjusting status within the USA?

[HRQX 4,145]

2 minutes ago, pushbrk said:

Is this a visa case with interview in Cuidad Juarez or is it adjusting status within the USA?

Juarez with an approved I-601A:

[pushbrk 12,969]

Just now, HRQX said:

Juarez with an approved I-601A:

As expected.  I would submit an updated I-864 with new employment information and a pay stub from the new job.

[JanettRod 10]

1 minute ago, pushbrk said:

It will be an issue if asked about current employment.  Just tell the truth.  Is this a visa case with interview in Cuidad Juarez or is it adjusting status within the USA?

Hi pushbrk

this is for interview in Ciudad Juarez. We received an email today saying his case has been approved for expedite due to his chronic illness, not sure if you remember but you suggested to contact the Senator of my state a few months back- I did that and it was successful, we’ve been waiting since April for a yes or no answer. 
Because of the pandemic (im a dental assistant) so when the pandemic first hit in March 2020 my employer closed the office then it lead to schools being closed, then it became online only meaning I had to be home with our 5 year old. Now that she started 1st grade yesterday, I am now able to return to work. 

4 minutes ago, HRQX said:

Juarez with an approved I-601A:

Yes. I’m just so worried now. I don’t want to mess this up because I wasn’t able to work. 

[JanettRod 10]

35 minutes ago, pushbrk said:

As expected.  I would submit an updated I-864 with new employment information and a pay stub from the new job.

can I fill a new one out and bring it to the interview?

[HRQX 4,145]

2 minutes ago, JanettRod said:

can I fill a new one out and bring it to the interview?

Yes

[TWISTIE 30]

19 hours ago, JanettRod said:

can I fill a new one out and bring it to the interview?

Yes, you should fill out a new I-864 to bring it to the interview with the info about your income from CURRENT job along with paystubs, employer letter. And if I were you, I would have another I-864 from a joint sponsor ready in case consular wouldn’t accept your current income on the ground that your job doesn’t seem permanent because of pandemic or whatever...But you will definately need another I-864 with your current income. Also, if possible, try to be at his interview with him.

[JanettRod 10]

21 minutes ago, TWISTIE said:

Yes, you should fill out a new I-864 to bring it to the interview with the info about your income from CURRENT job along with paystubs, employer letter. And if I were you, I would have another I-864 from a joint sponsor ready in case consular wouldn’t accept your current income on the ground that your job doesn’t seem permanent because of pandemic or whatever...But you will definately need another I-864 with your current income. Also, if possible, try to be at his interview with him.

It’s a different form for joint sponsee correct?