My wife (the sponsor) wants to quit her job while waiting for the interview

[Salmon777 3]

Our case is I-485(AOS) family-based, was submitted in June 2022 together with I-864 affidavit of support.  
The questions: my wife (the petitioner and the sponsor) wants to quit her job, and do not work for a about 6-12months while we are waiting for the interview invitation.
Can this negatively affect our interview and our case?
Do they ask for any documents regarding the current income and active job on interview?
All was fine for the moment of our application, but is the sponsor expected to maintain her sufficient income during the whole processing time (which is around 20months for our field office)?

Details: My wife, LPR, is the only sponsor. She has been working in USA for more than 2 years, having a decent annual salary that is several times higher than the poverty guideline. For the form I-864 she showed with her tax report this decent situation for the year 2021. We estimated, that even if she quits right now in September, her income for this year 2022 is far above the guideline. She wants to quit and do not plan to work for about a 6-12months, because she wants to sit with our 6m old baby. Our family can live on her savings for about the same amount of time. I am ready to start the work as soon as I got the work permit (but still waiting).

I am highly grateful for any answers and suggestions.

[Mike E 11,740]

They will want evidence of current income at the interview 

 

Your choices now are:

 

1. Get a joint sponsor 

 

2. Do asset based I-865

 

3. include your income 

 

4. pray the interview is waived.  

[EmilyW 1,450]

Am I missing something?

 

Can an LPR file for AOS for their spouse?  I thought AOS was only open to spouses of US citizens.

Edited September 6, 2022 by EmilyW

[Salmon777 3]

9 minutes ago, EmilyW said:

Am I missing something?

 

Can an LPR file for AOS for their spouse?  I thought AOS was only open to spouses of US citizens.

yes, if the bulletin is current for the beneficiary (I am not a lawyer, they have different opinions about this)

Edited September 6, 2022 by Salmon777

[SalishSea 17,921]

44 minutes ago, EmilyW said:

Am I missing something?

 

Can an LPR file for AOS for their spouse?  I thought AOS was only open to spouses of US citizens.

 

35 minutes ago, Salmon777 said:

yes, if the bulletin is current for the beneficiary (I am not a lawyer, they have different opinions about this)

OP, where are you currently?   And what visa are you trying to adjust from?

Edited September 6, 2022 by Jorgedig

[Mike E 11,740]

51 minutes ago, EmilyW said:

Am I missing something?

 

Can an LPR file for AOS for their spouse?  I thought AOS was only open to spouses of US citizens.

Under limited conditions, yes.  
 

You do raise a good point.  Unauthorized presence is not forgiven when the petitioner is an LPR.  If I-485 is rejected, then unless op has a current non immigrant status, op will have a small window to refile I-485, to avoid unauthorized presence 
 

I urge the petitioner to not quit her job.  

Edited September 6, 2022 by Mike E

[arken 4,197]

1 hour ago, Salmon777 said:

We estimated, that even if she quits right now in September, her income for this year 2022 is far above the guideline. She wants to quit and do not plan to work for about a 6-12months, because she wants to sit with our 6m old baby.

If she plans to take a break for few months and then start a good paying job again, it will be fine. She is not required to maintain the current job but she or you need to have a good income (preferably backed up by several current paystubs) at the time of the interview. The only risk is if the AOS interview occurs while both of you are unemployed. In that case you'll need a joint sponsor.

 

1 hour ago, EmilyW said:

Am I missing something?

 

Can an LPR file for AOS for their spouse?  I thought AOS was only open to spouses of US citizens.

Any one who has an approved or pending immigrant petition can file for AOS or concurrently file as long as their PD is current. It doesn't need to be a spouse of a USC or an LPR.

Edited September 7, 2022 by arken

[Timona 4,207]

1 hour ago, EmilyW said:

Am I missing something?

 

Can an LPR file for AOS for their spouse?  I thought AOS was only open to spouses of US citizens.

 

Bulletin is current for all atm. However, I-485 rejection will be a downfall. Additionally, illegal work isn't forgiven. 

[powerpuff 6,727]

~~ Topic moved from AOS K1 to AOS work/tourist/student visas - OP is not adjusting from K1 ~~

[K1visaHopeful 2,840]

At my K1 AOS interview a few years ago (June 2019/ ATL), my USC sponsor was grilled extensively about his current employment and income totals.

He was asked for an updated I864 and 6 months current paystubs (which we had brought) and was asked to perform math calculations to extrapolate how much he would earn by the end of the year. (We were $12000 above poverty level).

 

Expect to be questioned and able to provide an updated I864 and current financial proofs to back it up.

Edited September 7, 2022 by K1visaHopeful

[Salmon777 3]

11 hours ago, Mike E said:

3. include your income 

Thank you for the reply. Am I correct, that once I get work permit and a well paid job (well above the guideline), it would be no problem if  my sponsoring wife quits her job? So I just present  my pay stabs on the interview, if they ask about the current financial situation?

[Salmon777 3]

Regarding the question of LPR and I-485 feasibility, I highly encourage you to read this thread. azblk was correct, which was proofed by 2 cases there. None examples of the disproof.

 

[Mike E 11,740]

23 minutes ago, Salmon777 said:

Thank you for the reply. Am I correct, that once I get work permit and a well paid job (well above the guideline), it would be no problem if  my sponsoring wife quits her job? So I just present  my pay stabs on the interview, if they ask about the current financial situation?

In theory.  See

 

https://www.visajourney.com/forums/topic/763731-denial-of-i-485-due-to-not-fully-responding-to-an-rfe-on-i-864/?do=findComment&comment=10462704

 

Getting the I-864 stuff correct for that situation is daunting.  Personally  I would hire a professional or at the very least post a thread here confirming that you’ve filled out the forms correctly.  
 

 

Edited September 7, 2022 by Mike E

[Timona 4,207]

6 hours ago, Salmon777 said:

Thank you for the reply. Am I correct, that once I get work permit and a well paid job (well above the guideline), it would be no problem if  my sponsoring wife quits her job? So I just present  my pay stabs on the interview, if they ask about the current financial situation?

 

I don't think you can 100% sponsor yourself..your income can be added and a new I-864 drafted to reflect that your income is being included together with another USC, be it your wife or whoever. 

[Timona 4,207]

35 minutes ago, Timona said:

 

I don't think you can 100% sponsor yourself..your income can be added and a new I-864 drafted to reflect that your income is being included together with another USC, be it your wife or whoever. 

 

Simplest is just get a joint sponsor as was already mentioned. Take easy way out