I-864, but I'm still laid off

[Kim-saru]

I will be refiling the I-864 but I am still laid off.

On page 3, should I state that I am "D. unemployed"?

I was laid off in Nov but can still use the figures and tax return I used when I filed for the I-134.

Just seams silly if they don't issue a greencard, she really wants to go to work to help me out in this tough time.

[dnoblett]

I-134 is for a NON-Immigrant. I-864 is for sponsoring an IMMIGRANT big difference.

 

Yes "Unemployed" You will have to add assets to this to show that you have enough in liquid assets to provide support until immigrant can become a US Citizen (3 years based on marriage to US Citizen) so Assets need to be 3 times income.

 

OR get a Joint Sponsor.

[Kim-saru]

Not really sure I understand and it really doesn't make sense. She wants the green card to go to work. Why would I need to prove I can support her if she is working.

 

 

 

I-134 is for a NON-Immigrant. I-864 is for sponsoring an IMMIGRANT big difference.

 

Yes "Unemployed" You will have to add assets to this to show that you have enough in liquid assets to provide support until immigrant can become a US Citizen (3 years based on marriage to US Citizen) so Assets need to be 3 times income.

 

OR get a Joint Sponsor.

[dnoblett]

Not really sure I understand and it really doesn't make sense. She wants the green card to go to work. Why would I need to prove I can support her if she is working.

In order for an Immigrant to be able to become a Lawful Permanent Resident (Green-Card holder) they are required to have a sponsor, US Citizen Spouse (The person who filed an I-129F or I-130 petition) MUST be primary sponsor and MUST provide an I-864 to sponsor the green-card. NO I-864 from petitioner, then No green-card.

 

You can get a joint sponsor if you cannot show sufficient income and assets to sponsor an immigrant, the Joint sponsor will also provide and I-864, and will need to have income and assets to cover their household and your spouse.

Edited February 24, 2010 by dnoblett (see edit history)

[ME4Ying]

I may be mistaken here (I am sure dnoblett knows the facts) but is it a possibilty to apply for employment authorization without filing the AOS? That way no I-184. We filed the I-129F but were married in China so my wife came on a K3 visa that gave us two years before we needed to file for the AOS. If she has a job her income could also be used.

[dnoblett]

I may be mistaken here (I am sure dnoblett knows the facts) but is it a possibilty to apply for employment authorization without filing the AOS? That way no I-184. We filed the I-129F but were married in China so my wife came on a K3 visa that gave us two years before we needed to file for the AOS. If she has a job her income could also be used.

Not a good option for K-1 visa holder.

 

Here is why, When you file for an EAD before filing AOS the resulting EAD expires the same date as I-94 expiration, (90 days after entry to the USA for K-1, or 2 years after entry for a K-3) In the case of K-1 more than likely the EAD cannot be processed and approved BEFORE I-94 expires, or if approved, the EAD will only be valid for a very short time as in a few days or weeks. A waste of $340 for a K-1 holder.

 

An EAD filed for with AOS costs nothing.

 

Also Even a K-3 adjusting status needs an I-864 filed by the US Citizen spouse no matter what.

 

What a K-3 CAN do is file for EAD before AOS, get EAD, Get Work, and then ADD their income to that of their sponsoring spouse, US citizen spouse provides an I-864, and the intending immigrant (K-3) can file an I-864A as a member of sponsoring spouse's household.

 

Unfortunately there is NO way for a K-1 to get EAD, Job and provide an I-864A before filing AOS.

[david_dawei]

you really, really, really, need a joint sponsor IMO.. or you risk losing the greencard. Your overall situation doesn't seem so good. You really need to evaluate what to do and then do what you can.

[Kim-saru]

you really, really, really, need a joint sponsor IMO.. or you risk losing the greencard. Your overall situation doesn't seem so good. You really need to evaluate what to do and then do what you can.

 

 

Mmmm kind of sounds like I am screwed here then. This is why I wanted to wait till I go back to work, 'cuz when I file, it will look like I was never laid off. BUT she wants it as soon as she can so she can get out of the house and feel useful by even having a part time job.

 

The problem is that I don't have anyone that would sponsor us. I don't have any friends that are close enough for something like that, my father passed away 4 years ago and my mother didn't like the idea of me getting married to an "non-american". I mean, she likes her, but still holds her doubts.

 

But we have found a way to get the money to file for the AOS fee. She is selling her camera and all her equipment. Being a professional photographer she has some very nice lenses. It will be more then enough to cover the cost.

[a2784]

you really, really, really, need a joint sponsor IMO.. or you risk losing the greencard. Your overall situation doesn't seem so good. You really need to evaluate what to do and then do what you can.

 

 

Mmmm kind of sounds like I am screwed here then. This is why I wanted to wait till I go back to work, 'cuz when I file, it will look like I was never laid off. BUT she wants it as soon as she can so she can get out of the house and feel useful by even having a part time job.

 

The problem is that I don't have anyone that would sponsor us. I don't have any friends that are close enough for something like that, my father passed away 4 years ago and my mother didn't like the idea of me getting married to an "non-american". I mean, she likes her, but still holds her doubts.

 

But we have found a way to get the money to file for the AOS fee. She is selling her camera and all her equipment. Being a professional photographer she has some very nice lenses. It will be more then enough to cover the cost.

 

Look at David's advice. You need to have a joint sponser or find some work, even if just temporary, that allows you to get your wife the GC. Otherwise you will be screwed as you said.

 

She can go ahead and work now as soon as get gets a SSN.

Edited February 26, 2010 by a2784 (see edit history)

[Kim-saru]

you really, really, really, need a joint sponsor IMO.. or you risk losing the greencard. Your overall situation doesn't seem so good. You really need to evaluate what to do and then do what you can.

 

 

Mmmm kind of sounds like I am screwed here then. This is why I wanted to wait till I go back to work, 'cuz when I file, it will look like I was never laid off. BUT she wants it as soon as she can so she can get out of the house and feel useful by even having a part time job.

 

The problem is that I don't have anyone that would sponsor us. I don't have any friends that are close enough for something like that, my father passed away 4 years ago and my mother didn't like the idea of me getting married to an "non-american". I mean, she likes her, but still holds her doubts.

 

But we have found a way to get the money to file for the AOS fee. She is selling her camera and all her equipment. Being a professional photographer she has some very nice lenses. It will be more then enough to cover the cost.

 

I hate to be brutal here but based on this it seems you have problems on several fronts that are much bigger than paying the AOS fee.

 

I know that there are a lot of problems, but sometimes it is better then being alone. Sometimes I feel that I am that battered woman you see on Cops, married to a drunk abusive husband that doesn't want to file any charges 'cuz she claims "i still love him'.

 

She even told me that the money she is getting from selling the camera is enough to get a ticket back to china. But you know I still feel in my heart that we can work on this.

 

I find it hard to believe that a man will wait in china for 10 years for a plan work out like that.

 

There is a lot I look at what she did, said and how she acted when I was working. Yes, her whole attitude has changed since I was laid off but she won't admit it.

[a2784]

you really, really, really, need a joint sponsor IMO.. or you risk losing the greencard. Your overall situation doesn't seem so good. You really need to evaluate what to do and then do what you can.

 

 

Mmmm kind of sounds like I am screwed here then. This is why I wanted to wait till I go back to work, 'cuz when I file, it will look like I was never laid off. BUT she wants it as soon as she can so she can get out of the house and feel useful by even having a part time job.

 

The problem is that I don't have anyone that would sponsor us. I don't have any friends that are close enough for something like that, my father passed away 4 years ago and my mother didn't like the idea of me getting married to an "non-american". I mean, she likes her, but still holds her doubts.

 

But we have found a way to get the money to file for the AOS fee. She is selling her camera and all her equipment. Being a professional photographer she has some very nice lenses. It will be more then enough to cover the cost.

 

I hate to be brutal here but based on this it seems you have problems on several fronts that are much bigger than paying the AOS fee.

 

I know that there are a lot of problems, but sometimes it is better then being alone. Sometimes I feel that I am that battered woman you see on Cops, married to a drunk abusive husband that doesn't want to file any charges 'cuz she claims "i still love him'.

 

She even told me that the money she is getting from selling the camera is enough to get a ticket back to china. But you know I still feel in my heart that we can work on this.

 

I find it hard to believe that a man will wait in china for 10 years for a plan work out like that.

 

There is a lot I look at what she did, said and how she acted when I was working. Yes, her whole attitude has changed since I was laid off but she won't admit it.

Well I dont know all your story or why your AOS/EAD were rejected. However I can understand that your wife would feel very concerned about hers (and yours) future and it would show up in her dealings with you. Put yourself in her shoes.

 

What are you referring to in a man in china waiting 10 years?

 

BTW - I edited from original reply to you because I realized it was "harsh".

[dnoblett]

Look at David's advice. You need to have a joint sponser or find some work, even if just temporary, that allows you to get your wife the GC. Otherwise you will be screwed as you said.

 

She can go ahead and work now as soon as get gets a SSN.

Bad advise, SSN is NOT work authorization, this is given by USCIS via EAD or Green-card. A K-1 is technically "work authorized" for the 90 days after entry to the USA, primarily to get the SSN, some states require SSN before issuing a Marriage License.

 

You may want to tale a close look at form I-9 it specifies that the work auth document be a photo document (EAD or Green-Card) when presented with a restricted-SSN card. The SSN card will be marked "Valid with DHS authorization only" which indicates to employers to require EAD or Green-card.

 

I-9

 

List A Documents that establish Both Identity and Employment Authorization

 

Item 4 Employment Authorization Document that contains a photograph.

 

-------

 

List C Documents that Establish Employment Authorization

 

Item 1 Social Security Account Number card other than one that specifies on the face that issuance of the card does not authorize employment in the United States.

http://www.uscis.gov/files/form/i-9.pdf

 

A K-1 is NOT a work visa, it is a fiancee visa for entry to the USA and marriage. Every visa type has it's pros and cons, in this case a K-3 would have been better because a K-3 can get a two year EAD before filing AOS, take a job and add income to self sponsor, the K-3 can then provide an I-864A.

[dnoblett]

Look at David's advice. You need to have a joint sponser or find some work, even if just temporary, that allows you to get your wife the GC. Otherwise you will be screwed as you said.

 

She can go ahead and work now as soon as get gets a SSN.

Bad advise, SSN is NOT work authorization, this is given by USCIS via EAD or Green-card. A K-1 is technically "work authorized" for the 90 days after entry to the USA, primarily to get the SSN, some states require SSN before issuing a Marriage License.

 

You may want to tale a close look at form I-9 it specifies that the work auth document be a photo document (EAD or Green-Card) when presented with a restricted-SSN card. The SSN card will be marked "Valid with DHS authorization only" which indicates to employers to require EAD or Green-card.

 

I-9

 

List A Documents that establish Both Identity and Employment Authorization

 

Item 4 Employment Authorization Document that contains a photograph.

 

-------

 

List C Documents that Establish Employment Authorization

 

Item 1 Social Security Account Number card other than one that specifies on the face that issuance of the card does not authorize employment in the United States.

http://www.uscis.gov/files/form/i-9.pdf

 

A K-1 is NOT a work visa, it is a fiancee visa for entry to the USA and marriage. Every visa type has it's pros and cons, in this case a K-3 would have been better because a K-3 can get a two year EAD before filing AOS, take a job and add income to self sponsor, the K-3 can then provide an I-864A.

To add to this. In our case my wife got a restricted SSN shortly after marriage on K-1, and could not work until we got green-card, at the time I figured green-card in 4 months, and also at the time EAD was an extra expense.

 

Once my wife got green-card we visited SSA and applied for a replacement SSN card (One without the restriction noted)

 

At this time my wife can take a job without having to show the green-card because she has I-9 List B item 1 (NY DL), and list C item 1 (Unrestricted SSN)

[a2784]

Look at David's advice. You need to have a joint sponser or find some work, even if just temporary, that allows you to get your wife the GC. Otherwise you will be screwed as you said.

 

She can go ahead and work now as soon as get gets a SSN.

Bad advise, SSN is NOT work authorization, this is given by USCIS via EAD or Green-card. A K-1 is technically "work authorized" for the 90 days after entry to the USA, primarily to get the SSN, some states require SSN before issuing a Marriage License.

 

You may want to tale a close look at form I-9 it specifies that the work auth document be a photo document (EAD or Green-Card) when presented with a restricted-SSN card. The SSN card will be marked "Valid with DHS authorization only" which indicates to employers to require EAD or Green-card.

 

I-9

 

List A Documents that establish Both Identity and Employment Authorization

 

Item 4 Employment Authorization Document that contains a photograph.

 

-------

 

List C Documents that Establish Employment Authorization

 

Item 1 Social Security Account Number card other than one that specifies on the face that issuance of the card does not authorize employment in the United States.

http://www.uscis.gov/files/form/i-9.pdf

 

A K-1 is NOT a work visa, it is a fiancee visa for entry to the USA and marriage. Every visa type has it's pros and cons, in this case a K-3 would have been better because a K-3 can get a two year EAD before filing AOS, take a job and add income to self sponsor, the K-3 can then provide an I-864A.

Thanks for the catch. I never realized that one could get a SSN that does not allow you to work....

 

But I thought that a K1 visa got a I-94 endorsed with an employment authorization stamp. I always thought this was one of the advantages over the K3 visa in that you could get work authorization and SSN right away.

 

Just more proof of the confusion we call an immigration system.

Edited February 26, 2010 by a2784 (see edit history)

[Guest jin979]

I would never disagree with Dan but she can find work on a restricted ss card alone, I did, many do.

 

But the major thing in your appling for AOS is you "the sponser" you must meet the 125%. You must find a job, any job, that will cover this, its your responsibility.

 

She is out of status and must be very scared, dont let her sell her camara, trust me on this.