Income requirements I-864

[Tempk1 6]

Hi everyone,

 

I arrived a couple of weeks ago in the US on a K1 and am already married.

My husband/petitioner was a student for the last 4 years and only started working in June 2021. His current income is above the requirements for our household size (there's only two of us).

Would it be fine for us to file for AOS now, or should we wait until he has 6 months worth of pay stubs?

 

Thanks for anyone who will answer

[aaron2020 11,651]

File to adjust your status now.

There is no good reason for you to wait to file in 6 month. 

 

There are several bad results if you file in 6 months.  If you wait to file in 6 months, you will overstay your K-1 visa.   That's also delaying you getting your work authorization (EAD) and be able to leave and return to the US (AP).  EAD and AP is taking 6-8 months or more.  That's 12-14 months where you can't work or leave the US for an emergency without abandoning the entire process.  

[Tempk1 6]

39 minutes ago, aaron2020 said:

File to adjust your status now.

There is no good reason for you to wait to file in 6 month. 

 

There are several bad results if you file in 6 months.  If you wait to file in 6 months, you will overstay your K-1 visa.   That's also delaying you getting your work authorization (EAD) and be able to leave and return to the US (AP).  EAD and AP is taking 6-8 months or more.  That's 12-14 months where you can't work or leave the US for an emergency without abandoning the entire process.  

Oh you misunderstood me. I wouldn't wait 6 months to file. I would wait until next month, so the supporting evidence for the Affidavit of support contains six months worth of pay stubs.

[SalishSea 17,928]

1 hour ago, Tempk1 said:

Would it be fine for us to file for AOS now, or should we wait until he has 6 months worth of pay stubs?

Are  you comfortable knowing you could be subject to deportation after your period of authorized stay runs out?

[JeanneAdil 6,554]

File now

By the time u are interviewed,  u will have the pay stubs as needed to present 

the process doesn't happen overnight 

[Tempk1 6]

2 hours ago, Jorgedig said:

Are  you comfortable knowing you could be subject to deportation after your period of authorized stay runs out?

I would still file within my period of authorized stay even if I waited. You’re not even answering the question I asked.

[aaron2020 11,651]

5 minutes ago, Tempk1 said:

I would still file within my period of authorized stay even if I waited. You’re not even answering the question I asked.

It's fine for you to file now.

 

It's fine for you to file when you have 6 months of paystubs.

 

The point here is that there is nothing to be gained by waiting to file AOS.  

[HRQX 4,145]

3 hours ago, Jorgedig said:

Are  you comfortable knowing you could be subject to deportation after your period of authorized stay runs out?

Since OP was vague on the US entry date (i.e. "a couple of weeks ago") then the I-94 probably would expire around mid-November/early-December. OP said her husband "started working in June 2021" so the sixth month would be around November. Thus why OP's follow-up post said:

1 hour ago, Tempk1 said:

I would still file within my period of authorized stay even if I waited.

 

They should still file ASAP and a letter from the employer stating the yearly income would be a plus. But it looks like OP has since closed her VJ account.

[Mike E 11,740]

On 10/8/2021 at 3:29 PM, Tempk1 said:

Hi everyone,

 

I arrived a couple of weeks ago in the US on a K1 and am already married.

My husband/petitioner was a student for the last 4 years and only started working in June 2021. His current income is above the requirements for our household size (there's only two of us).

Would it be fine for us to file for AOS now, or should we wait until he has 6 months worth of pay stubs?

He has 3 months of pay stubs. That’s enough. File.