Tricky question re I-864 & foreign spouse's employment
May 11th 2004, 4:47 pm
#1
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Joined: Jul 2002
Location: Richmond, VA, USA
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Tricky question re I-864 & foreign spouse's employment
We have a question about the AOS affidavit of support which we've been unsuccessful finding a previous posting about, and would like some input. So you can understand our question fully, first some background:
Our AOS interview is June 3. Since we're also attending an out-of-state wedding two days later, we decided to just take the first week of June off to squeeze both events in. Basically we'll be out-of-town from June 2 to June 6.
Our plan from the get-go was for Mark to apply for a job at the Barnes & Noble up the road from us. Not only do they have a permanent "Now Hiring" sign by the front door, but Mark has previous experience working at a booksellers. Mark has not applied for a job there yet, but we'd be very surprised if he wasn't hired, given his years of experience in the industry.
However, if Mark got a job now it would be unlikely they'd let him take a week off after only working there for 2 weeks. So we figure it would just make more sense for Mark to either 1) wait and apply for the job after we get back on June 6; or 2) apply for the job before our trip, but make arrangements to start working only after we get back.
With that all that background now out of the way, here is our key question:
If Mark does Option #2 -- gets hired for a job BEFORE our AOS interview, but doesn't actually start that job until AFTER our AOS interview -- can we include an employment letter from B&N, fill out an I-864A using Mark's projected income for that job, and include it with our affidavit of support at our AOS interview?
Any insight would be very appreciated, especially if you have any direct experience with this situation. TIA...
~ Jenney
Our AOS interview is June 3. Since we're also attending an out-of-state wedding two days later, we decided to just take the first week of June off to squeeze both events in. Basically we'll be out-of-town from June 2 to June 6.
Our plan from the get-go was for Mark to apply for a job at the Barnes & Noble up the road from us. Not only do they have a permanent "Now Hiring" sign by the front door, but Mark has previous experience working at a booksellers. Mark has not applied for a job there yet, but we'd be very surprised if he wasn't hired, given his years of experience in the industry.
However, if Mark got a job now it would be unlikely they'd let him take a week off after only working there for 2 weeks. So we figure it would just make more sense for Mark to either 1) wait and apply for the job after we get back on June 6; or 2) apply for the job before our trip, but make arrangements to start working only after we get back.
With that all that background now out of the way, here is our key question:
If Mark does Option #2 -- gets hired for a job BEFORE our AOS interview, but doesn't actually start that job until AFTER our AOS interview -- can we include an employment letter from B&N, fill out an I-864A using Mark's projected income for that job, and include it with our affidavit of support at our AOS interview?
Any insight would be very appreciated, especially if you have any direct experience with this situation. TIA...
~ Jenney
May 12th 2004, 1:09 am
#2
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Joined: Apr 2001
Posts: 46,469
Re: Tricky question re I-864 & foreign spouse's employment
Hi Jenney
Glad to see you have your AOS appointment soon. As to your question regarding using Mark's projected income IF he were to accept employment, but not start working, before the AOS interview, no, he cannot do that. Logically, how can you claim wages that you have yet to earn. He can, of course, advise them during the course of the interview that he has recently accepted employment and will be starting on such and such a date, etc. But no, he cannot use projected income from a position he has not started yet on the I-864.
Enjoy your friend's wedding.
Rete
Glad to see you have your AOS appointment soon. As to your question regarding using Mark's projected income IF he were to accept employment, but not start working, before the AOS interview, no, he cannot do that. Logically, how can you claim wages that you have yet to earn. He can, of course, advise them during the course of the interview that he has recently accepted employment and will be starting on such and such a date, etc. But no, he cannot use projected income from a position he has not started yet on the I-864.
Enjoy your friend's wedding.
Rete
Originally posted by Jenney & Mark
We have a question about the AOS affidavit of support which we've been unsuccessful finding a previous posting about, and would like some input. So you can understand our question fully, first some background:
Our AOS interview is June 3. Since we're also attending an out-of-state wedding two days later, we decided to just take the first week of June off to squeeze both events in. Basically we'll be out-of-town from June 2 to June 6.
Our plan from the get-go was for Mark to apply for a job at the Barnes & Noble up the road from us. Not only do they have a permanent "Now Hiring" sign by the front door, but Mark has previous experience working at a booksellers. Mark has not applied for a job there yet, but we'd be very surprised if he wasn't hired, given his years of experience in the industry.
However, if Mark got a job now it would be unlikely they'd let him take a week off after only working there for 2 weeks. So we figure it would just make more sense for Mark to either 1) wait and apply for the job after we get back on June 6; or 2) apply for the job before our trip, but make arrangements to start working only after we get back.
With that all that background now out of the way, here is our key question:
If Mark does Option #2 -- gets hired for a job BEFORE our AOS interview, but doesn't actually start that job until AFTER our AOS interview -- can we include an employment letter from B&N, fill out an I-864A using Mark's projected income for that job, and include it with our affidavit of support at our AOS interview?
Any insight would be very appreciated, especially if you have any direct experience with this situation. TIA...
~ Jenney
We have a question about the AOS affidavit of support which we've been unsuccessful finding a previous posting about, and would like some input. So you can understand our question fully, first some background:
Our AOS interview is June 3. Since we're also attending an out-of-state wedding two days later, we decided to just take the first week of June off to squeeze both events in. Basically we'll be out-of-town from June 2 to June 6.
Our plan from the get-go was for Mark to apply for a job at the Barnes & Noble up the road from us. Not only do they have a permanent "Now Hiring" sign by the front door, but Mark has previous experience working at a booksellers. Mark has not applied for a job there yet, but we'd be very surprised if he wasn't hired, given his years of experience in the industry.
However, if Mark got a job now it would be unlikely they'd let him take a week off after only working there for 2 weeks. So we figure it would just make more sense for Mark to either 1) wait and apply for the job after we get back on June 6; or 2) apply for the job before our trip, but make arrangements to start working only after we get back.
With that all that background now out of the way, here is our key question:
If Mark does Option #2 -- gets hired for a job BEFORE our AOS interview, but doesn't actually start that job until AFTER our AOS interview -- can we include an employment letter from B&N, fill out an I-864A using Mark's projected income for that job, and include it with our affidavit of support at our AOS interview?
Any insight would be very appreciated, especially if you have any direct experience with this situation. TIA...
~ Jenney
May 12th 2004, 3:05 am
#3
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Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Re: Tricky question re I-864 & foreign spouse's employment
Originally posted by Rete
Hi Jenney
Glad to see you have your AOS appointment soon. As to your question regarding using Mark's projected income IF he were to accept employment, but not start working, before the AOS interview, no, he cannot do that. Logically, how can you claim wages that you have yet to earn. He can, of course, advise them during the course of the interview that he has recently accepted employment and will be starting on such and such a date, etc. But no, he cannot use projected income from a position he has not started yet on the I-864.
Enjoy your friend's wedding.
Rete
Hi Jenney
Glad to see you have your AOS appointment soon. As to your question regarding using Mark's projected income IF he were to accept employment, but not start working, before the AOS interview, no, he cannot do that. Logically, how can you claim wages that you have yet to earn. He can, of course, advise them during the course of the interview that he has recently accepted employment and will be starting on such and such a date, etc. But no, he cannot use projected income from a position he has not started yet on the I-864.
Enjoy your friend's wedding.
Rete
At the very least it will be preferential to let them know that he's secured a job (assuming that happens, of course -- *knock wood*). My current income, which started in Jan 2003, exceeds the minimum required but my 2001-2002 income did not. So we're a teeny bit nervous. I think we'll be ok, though.Thanks again.
~ Jenney
