MrDub

How long after getting married does one have to file the AoS form ?.
The reason I ask is my fiancee will be changing jobs around the time we get married. She finishes up her current job about a week before we get married and hopes to get another one within a couple of weeks after getting married. We dont really want to submit her current paystubs as evidence of income in case it will be seen as a submittal of false information !...we were hoping we could file the AoS after she got another job.

Any advice would be appreciated.

ian-mstm

There's been some discussion of this on and off over the years, but as I recall, there's no time restriction on filing AoS. Most folks want to file ASAP after marriage because of EAD and AP issues.

That said, if the information you file is true at the time you file it, you are not submitting false information. People change jobs! You'll be required to show tax returns when you are eventually interviewed and that new information will be used in lieu of what you originally filed anyway.

Ian

MrDub

When applying for an EAD and AP are you required to have also applied for Adjustment of Status ? or is each application dealt with independantly of the other i.e. could I apply for my EAD/AP and wait close to 90 days after my arrival into the US to apply for my AoS?

FlyergirlUK

If applying for AOS as a K1-er then the EAD and AP must be applied for either at the same time or after the AOS application is filed.
They can't be applied for prior to the AOS as they are dependent on your having filed that application.

wesleygolf

If EAD or AP doesnt mean anything to you, i have heard of several people that havent filed AOS for as long as 2 years or more after marriage on a K1, But most people would want the EAD and AP for obvious reasons.

AnnaV

Hi,

We did not submit any pay stubs in the initial AOS application but just the tax returns to show that my husband met the minimum income requirement. At the AOS, you will be asked to show the current tax returns, and from what some people say, pay stubs and letter of employment, too.

I guess what I'm saying is, you can still apply for AOS with her tax returns for the last 3 years and get your AOS papers in line (that's going to be a long wait). By the time you'll be called for an interview, she'll have her new job and her new income tax returns and pay stubs, etc.

Just my 2 cents,
Anna

hcj1440

I was my husband's sponsor. I sent in a letter of employment from Company A when we submitted our AOS package, but by the time the interview came around, I had changed jobs and was working at Company B. I brought a new letter of employment (they requested one anyway) and no one even blinked an eye.

MrDub

Hi,
Thanks for all the advice.

Wesleygolf: Unfortunatly an EAD and AP are very important as I intend to work asap and travel outside the US. I was also under the impression that after 90 days on a K1 visa you must apply for a change in status or you will loose you legal rights ?

AnnaV and hcj1440: The few weeks my fiancee will be without work will the time after the wedding. Her last three years tax receipts are good to go however it *does* say on the affidavit of support that proof of current employment is required and there is even a box that requires ticking to remind you of this !. I dont know how you got away without submitting paystubs/evidence of current employment ??. Didnt you tick the box that said 'proof of current employment'?

I think we will have to get either Lindas father or one of her friends to sponsor me. However I also have a question about this. I would doubt any of the potential US citizens who will sponsor me have either a passport or birth certificate. Both of these options I think will take a while to get however the affidavit form also will accept a certificat of naturalization or citizenship for a U.S. citizen.

Where/how/how long/how much does it take to get either of these forms.


Thanks,
Niall

buffalo24

Hi Niall, have them check with the Vital Records office in the state they were born...I got a certified copy of my birth certificate from Maryland and it took about a week maybe. Good luck.

Bluegrass Lass

There is no reason for a born USC to not have a birth certificate. As Buffalo stated, have he/she contact the Office of Vital Records in the state they were born. Every citizen has a birth certificate - don't let this be someone's excuse. I ordered a copy of mine last year, and I think it only took around 7 days to get as well.

If your fiancee is going to quit/leave her job right after the wedding, then you should probably wait to file the I-485 until she has a new job. But, if she is still going to be employed a few more weeks after the wedding, and you definitely want to apply for your EAD, then I don't think it would be a problem to go ahead and file using the current employer information. However, the old/current company may not be willing to supply the employment letter if they know that she is leaving in a few weeks.

As others said, I don't think you'll have a problem with her changing jobs, since, when it comes time for the interview, you will have to submit the information again. When it comes time for the interview for AOS, if you have been living with her for longer than 6 months, then you can include your salary in the Aff. of Support and then you don't have to worry about a joint sponsor (assuming you'd be over the Poverty Guidelines).

You do not have to file for AOS within the 90 days of your entry, however it's highly suggested that you do so. You cannot apply for your EAD or AP without filing AOS. Also, from what some lawyers on here have said, if you haven't filed AOS within the 90 days, you will (technically) begin to accrue 'Out of Status' days. So, from what I understand (which could be wrong), if you wait until 6 months or more after your I-94 expires to file for AOS, you shouldn't try to use AP to visit home because you would have 180 days Out of Status by then, and even with AP, you may not be allowed back into the US. But if you do not plan on leaving the US until you have the GC, then you can wait as long as you want to file AOS - but you just can't work until you file for it and the EAD.

Confused yet??

Good luck!
Jamie

jeffreyhy

MrD,

I think that Anna 'got away' with submitting an incomplete I-864 with her I-485 because the I-864 probably wasn't looked at, at least not in any detail, when the I-485 package was received by the USCIS.

The I-485 package was probably given a cursory look to be sure that all required elements were there, then it was put on the shelf where it will remain until its time comes to be processed. At that time Anna will likely be asked to provide additional supporting documentation for her I-864 or, more likely if more than 6 months have passed, a new I-864.

Regards, JEff

AnnaV

You're pretty much right about that. We didn't have pay stubs because my husband is self-employed. At the interview, we were asked to show new tax returns and my husband's business license/permit. We did not have to give a new affidavit of support, though (our interview was about 10 months from the time we submitted our original application).

I also read this column (http://www.gurfinkel.com/immigration...un06-2004.html) which might indicate that you're better off having all your documents in order when you submit your application. It seems like they're tightening up at the USCIS.

If the OP's wife will be in between jobs for just a couple weeks or so, it might be better to just wait until they get the job before filing (hey, I'm a woman and I reserve the right to change my mind ).

MrDub

Not too sure if I am the 'OP' !?, but waiting for a few weeks isn’t really an option as we intend to get married very soon after I arrive into the US in order to be able to take up a great offer of employment. I realise there may be problems with temp EAD -> interim EAD but that side of things is under control !

Thanks for the advice everybody. I think we will opt for the safest option of a co-sponsor. All we need to do now is find a willing volunteer !

Niall

Hypertweeky

You are the OP.. since you are the original poster, aren't you?

AnnaV

Hi,

Sorry if I've been really unclear. You do seem to have a good handle of things, though.

When I said wait a few weeks, I meant filing the AOS (until your wife gets a job). You can get married as soon as you want. I thought the problem was showing that there is enough for the affidavit of support. The other thing that might be considered is if your wife has substantial assets which can be included in the affidavit (there's a formula somewhere).

Oh well. I'll shut up now. Good luck anyhow.

Anna