Is it possible to change sponsor on affidavit of support while AoS is pending?

[Swoon 5]

I just moved back the US and have a teaching job at a public school that will start in September. I plan to initially use my parents for the affidavit of support, but would it be possible to change the sponsor to me once my job begins? Ill be abovethe required income levels, I just would feel more comfortable if it were me as the sponsor instead of my parents. Could I submit a new affidavit of support since the support doesnt start until the immigrant becomes a permanent residence? thank you for any info or advice!

[Verrou 1,901]

Who is this affidavit of support for ? 
 

[K1visaHopeful 2,691]

The US spouse is always the 

29 minutes ago, Swoon said:

I just moved back the US and have a teaching job at a public school that will start in September. I plan to initially use my parents for the affidavit of support,

You can't. 

The US citizen spouse MUST be the original sponsor whether they meet the poverty guidelines or not.

 

Your parent (one of them) can only be a joint sponsor or one can be a joint sponsor and the other, their household member/Co-sponsor. 

 

Do you (You, K1, dad and mom) all live together? That changes everything even further. 

 

Quote

Could I submit a new affidavit of support since the support doesnt start until the immigrant becomes a permanent residence? thank you for any info or advice!

You may be required to provide a new, updated I864 at your AOS interview and yes, you can change whatever you like.

 

PLEASE fill in your TIMELINE as required to be a member here.

Edited May 29, 2022 by K1visaHopeful

[Swoon 5]

30 minutes ago, K1visaHopeful said:

The US spouse is always the 

You can't. 

The US citizen spouse MUST be the original sponsor whether they meet the poverty guidelines or not.

 

Your parent (one of them) can only be a joint sponsor or one can be a joint sponsor and the other, their household member/Co-sponsor. 

 

Do you (You, K1, dad and mom) all live together? That changes everything even further. 

 

You may be required to provide a new, updated I864 at your AOS interview and yes, you can change whatever you like.

 

PLEASE fill in your TIMELINE as required to be a member here.

thank you, I'll fill it in asap, didn't realize there was a timeline on here! woops!

[Swoon 5]

37 minutes ago, Misscloud said:

Who is this affidavit of support for ? 
 

it is for my husband! I just arrive back in the us a few months ago and he was initially planning on visit but we decided to marry due to some changing circumstances. (i need to fill my timeline in, sorry!)

[Redro 4,602]

19 minutes ago, Swoon said:

it is for my husband! I just arrive back in the us a few months ago and he was initially planning on visit but we decided to marry due to some changing circumstances. (i need to fill my timeline in, sorry!)

So, you are adjusting from tourist visa and have already submitted the I-130, I-485, I-864, I-131 and I-765 or are you planning on submitting the paperwork and need to know if you can remove your parents as joint sponsors after you've been working for a few months? 

Edited May 29, 2022 by ROK2USA

[K1visaHopeful 2,691]

11 minutes ago, Swoon said:

it is for my husband! I just arrive back in the us a few months ago and he was initially planning on visit but we decided to marry due to some changing circumstances. (i need to fill my timeline in, sorry!)

Please do.

We'll need to move your post to the appropriate thread as you are definitely not a K1 and applying for AOS if you are married and are not applying for a Visa (he will need a spousal visa to enter the US...??? Traveling here on a tourist visa with intent to marry and adjust status is visa fraud and grounds for deportation and ban from US...?). Your post is very confusing.

Please be wary of the thread you are posting in as well.

[Redro 4,602]

4 minutes ago, K1visaHopeful said:

Please do.

We'll need to move your post to the appropriate thread as you are definitely not a K1 and applying for AOS if you are married and are not applying for a Visa (he will need a spousal visa to enter the US...??? Traveling here on a tourist visa with intent to marry and adjust status is visa fraud and grounds for deportation and ban from US...?). Your post is very confusing.

Please be wary of the thread you are posting in as well.

OP has already married their partner and they are both currently in the US. 

Am wondering if they already submitted paperwork for adjustment or if they're still in planning stages. 

If they submitted the paperwork already and did not fill out an I-864 (only the parents) I assume they will receive an RFE. 

OP might also receive an RFE if they submit the I-864 with no work history in the US (They've just returned to the US and will only start working in September). 

OP might also decide to have the partner return to Korea and file the I-30 for consular processing. If they go through the consulate they'll only need to submit the I-864 at NVC stage. 

[Swoon 5]

Just now, ROK2USA said:

So, you are adjusting from tourist visa and have already submitted the I-130, I-485, I-864, I-131 and I-765 or are you planning on submitting the paperwork and need to know if you can remove your parents after you've been working for a few months? 

We just got married last week and have almost everything ready to submit, but we haven't submitted the paperwork yet! I have current income through grants provided during summer training for my job which starts in September, but my previous years' income is from abroad and doesnt meet the requirements for the affidavit of support. I want to be the sole sponsor once my job begins in the fall.

[Swoon 5]

16 minutes ago, K1visaHopeful said:

Please do.

We'll need to move your post to the appropriate thread as you are definitely not a K1 and applying for AOS if you are married and are not applying for a Visa (he will need a spousal visa to enter the US...??? Traveling here on a tourist visa with intent to marry and adjust status is visa fraud and grounds for deportation and ban from US...?). Your post is very confusing.

Please be wary of the thread you are posting in as well.

Im sorry, I posted my previous thread in the wrong forum and I thought they moved it here >.< I am applying for AOS for my spouse who is currently on an ESTA visa waiver program. It wasnt our initial plan to do it this way, but circumstances changed and we decided this would be the safest way for us to move forward. 

 

I should have posted in "Adjustment of Status from Work, Student, & Tourist Visas" Is there a way for me to move this post or should I delete it and repost it there?

 

Edited May 29, 2022 by Swoon

[Redro 4,602]

11 minutes ago, Swoon said:

We just got married last week and have almost everything ready to submit, but we haven't submitted the paperwork yet! I have current income through grants provided during summer training for my job which starts in September, but my previous years' income is from abroad and doesnt meet the requirements for the affidavit of support. I want to be the sole sponsor once my job begins in the fall.

I believe your current work history in the US might not be sufficient when you submit the paperwork this week/next week. 

You should fill out an I-864. Have your parents fill out I-864 and I-864a as joint sponsors. Then once you've worked for a year or so have your parents write a letter and withdraw their I-864. 

It would probably be easier to have your parents act as joint sponsors. You are still the primary sponsor. 

If you do not want to involve your parents at all. File the I-130 for consular processing. The I-130 takes about 6-15 months to be approved and you will only have to submit the I-864 after you've been working for a few months. 

[TBoneTX 43,433]

Thread is moved from the "AOS from K Visas" forum to the "AOS from WS&T Visas" main forum.

[Crazy Cat 39,680]

10 hours ago, Swoon said:

it is for my husband! I just arrive back in the us a few months ago and he was initially planning on visit but we decided to marry due to some changing circumstances. (i need to fill my timeline in, sorry!)

As the primary sponsor, you must submit an I-864 and all appropriate supporting documents.  If you have already submitted those documents, just take an updated I-864 plus new docs to the interview.  

Edited May 29, 2022 by Crazy Cat