critter Posted May 23, 2006 Report Share Posted May 23, 2006 Well we finally got our son in school although school was let out for the summer yesterday and a new computer is on it's way for him, I will finally get my back, need to format it now (smile) I am now getting the AOS paperwork together, do you have to file it all at once or can you just file the I-765 by itself, my wife is wanting to get her license to drive and work, I was thinking about waiting to adjust status because I have been recently terminatedfrom my job after 12 years because of my Christian beliefs and I know I need a employment letter for the I-864 and was worried about how this may effect the adjustment of status I hope everyone is doing find and I can not tell you how happy I am to have my wife home although we are having some commutationsproblems when it comes to trying to explain how things work here in America Talk to you all later Chuck Link to comment
yuehan123 Posted May 23, 2006 Report Share Posted May 23, 2006 Unless you are filing within 90 days of entry any application for EAD must be filed based on your pending application for family based adjustment. You can read all the text in the instructions for form I-765 here http://www.uscis.gov/graphics/formsfee/forms/files/i-765.pdf Link to comment
frank1538 Posted May 23, 2006 Report Share Posted May 23, 2006 Since your wife is K-3, I don't think you do not need to file for AOS in order to file the I-765 for an EAD (This is different from the K-1 requirement). Sounds like you and her adjustment to life in America are going well. The communications issues will eventually fade away and if it's any consulation, explaining how things work in America is a typical issue. Heck, just try to explain it to another American. Sorry about the job situation. Personally, since she is K-3 which is valid for two years, I'd be inclined to wait on the AOS until the job situation got a bit more favorable. But, if you are very comfortable that you would be re-employed relatively soon and are willing to take a chance, you might consider going ahead and filing for AOS. You might get an RFE on the employment letter, but you'll have 84 days to respond and supply it. Hopefully, you would be re-employed by then. In the alternative, you can blow off the AOS completely and just wait for the I-130 to finish processing, but this would require a return trip to Guangzhou. Link to comment
LeeFisher3 Posted May 23, 2006 Report Share Posted May 23, 2006 Another option you could take for the Affidavit of support would be to use assets instead of employment, as I recall you would need to show assets equal to 5 times the required 125% poverty level guideline, but since you have a CR1 & CR2 that would come out to about 165k of assets. Getting a new job going is probably the easiest way to get things going and as Frank said, ain't no hurry now, cause she's here. Besides it gives you an opportunity to spend some quality time with your family while the job search continues. Link to comment
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