PhilG

I'm in the US on a K-1 and have just got married, so I'm applying to adjust status.

My wife has absolutely no assets, but I have a fairly well paid job, a healthy bank balance and a house in London. Is this likely to cause any problems?

Also, I remember having to show copies of my bank statements at my visa interview in London. Do I have to go through the whole process again?

Noorah101

Your wife still has to complete the I-864, whether she qualifies on her own income/assets or not. Since you are now married, she is allowed to use your income and/or assets on the I-864. The income requirements can be found at www.uscis.gov, Immigration Forms, I-864P. You'll need to look at the 125% column for your household size. If you earn enough, your income can be used on the I-864.

If you wish or you need to, you can use your savings and house in London as assets as well. The value of the assets need to be 3x the amount you would have needed in income. You will need to show proof of the value of your house (the amount you have in equity).

You may or may not need to do an I-864a, as a household member contributing income/assets to the I-864. Some officers want one, even if you're not "supposed to" need one.

You also may run the risk of the officer not allowing your income/assets to be used, even though you're "supposed to" be able to use them. In that case, have a joint sponsor lined up. You will be notified at the AOS interview whether your income/assets are allowed, or whether you'll need a joint sponsor.

Rene

Noorah101

I know you didn't ask about this, but just to let you know, you might experience a gap in your work authorization. I assume you came through JFK and got the temp EAD stamp? That's only good until 90 days after your entry.

After you file the I-765 as part of your AOS package, it takes about 90 days to get the 1-year EAD in hand. If you experience a gap between the temp EAD expiration date, and the date you get your 1-year EAD in hand, you'll be unauthorized to work during that time. Whether your employer keeps you on during that time, is up to the employer.

Oh, and you won't need to show YOUR bank statements anymore, no.

Rene

PhilG

Thank you very much.

One additional question: I'm self-employed, and all my income comes from clients in the UK. Do I still need an EAD?

Rete

Yes!

Noorah101

Yes. You need an EAD to work while you are physically located in the USA.

Also, in my opinion, this makes it more likely for your income not to be acceptable on your wife's I-864. You should look into either using assets or a joint sponsor.

Rene

scrubbedexpat099

or send her out to work.

They prefer the USC to have the income.

penguinbar

My husband got his temporary EAD at JFK. We have filed for AOS and he has started to work here. My attorney said that it's still legal for him to work even after his temporay EAD has expired since we got married and filed within 90 days of his arriving on his K1 Is that not true? I don't want either of us to get in trouble. His temporary expires in December

Noorah101

It's not true that I know of, but I'm not a lawyer. It is illegal for an employer to employ someone who is not work authorized. However, if the employer WANTS to keep that employee on (or the employer forgets to check the paperwork), USCIS will usually overlook the unauthorized work.

I know of one person who was working after the temp EAD expired. He went in to get his biometrics done for the 1-year EAD. They happen to ask over there if he's working. Not wanting to lie, he said yes. They called his employer right then and there and notified the employer that this guy is not work authorized. The employer had to lay him off until the 1-year EAD came through. That's the only time I've ever heard of a problem, this was back in about 2005 in Fargo ND.

Rene

penguinbar

I think I'll call USCIS as well and see wht they say. Thanks again

fogga4000

I dont claim to know anything about this particularly but I thought you had to stop working once you apply for the AOS, thats why people cant work for a few months. Is he saying that everyone who entered on a K1 and has a temp EAD can now work?

ian-mstm

As long as the EAD is valid, you can work. Period. If you apply for AOS and the EAD has not yet expired, you can continue to work until the EAD expires. Once the EAD expires, you are not authorized to work until your new EAD arrives.

Ian

fogga4000

Ok thanks for clearing that up Ian

Noorah101

K-1's are temporarily authorized to work their first 90 days in the USA. After that they need the 1-year EAD. The problem is, the only POE who gives out the temp EAD stamp anymore is JFK. So if someone comes through another POE, they won't get the temp EAD stamp, and they will have nothing to show an employer that they are work authorized. You have the option on Day 1 in the USA to apply for the temp EAD (via form I-765), but it takes almost 90 days to get it, so by the time you receive the temp EAD, you have no more time left on it to work.

Rene

meauxna

Probably yes. And this does affect the use of your income in your wife's I-864.

the revised definition of “household income” now makes it clear that income from an intending immigrant’s unauthorized employment may not be considered in determining whether the sponsor’s anticipated household income meets the applicable Poverty Guidelines threshold.
Quoted post
Actually that thread is interesting.