form I-864 & implications of rejection

M

myredskins

Registered Users (C)
I joined a company in February after they petitioned my H1B tranfser from a job I had been laid off from. Last week I stopped working coz CIS says i had to consular process my H1B as I stayed at home for 2 months between 2 jobs, but I have no passport to travel in the meantime to a foreign country to do this. The current is expiring in May 07, and at least 6 months of validity is required before a visa is stamped.

But...

On January 26 I got married to a US citizen and then;

02/17/2007 filed forms I-130, I-485, G-325A, and the appropriate fees;
03/01/2007 received a receipt notice telling me what the next steps were going to be;
03/05/2007 received an ASC appointment notice to go get my biometrics taken on 03/22/2007, and I did that;
03/13/2007 received a Request for initial evidence (I-485) where they basically said they'd hold my application until I submitted an Affidavit of support form (I-864) and submit a properly signed medical form i-693 and it’s supplemental.

On April 19 2007 I express mailed forms i-864, i-693 and its supplemental, and I also submitted an AED (I-765), with a $180 fee to the Dept of Homeland Security at Lees Summit, MO processing center.

So that's basically where I am at with this whole situation. Things I need to know;
1. In the affidavit of support form here is what I did. My wife works part time, and a college senior who graduates in May 07. So in 2006 she did not meet the requirements. While I made > 125% in 2006. Now I used my income to ensure that we met the 125% min requirement for a household of 2. I wonder if they will accept this, especially that as of last Friday I don’t have a job. Although my former employers said they’d welcome me as soon as I have the work authorization. I read that if using the income of the intending immigrant, there has to be proof that income from that source will keep flowing after residency has been approved.

2. Will it really take 90 days to issue me an EAD? Can it be quicker because my initial filing was in February 07?

3. If they reject my affidavit of support form would that affect my eligibility to get work authorization?

I need to get to work as soon as possible.

Thanks "lawyers" ;)
 
For the record, as far as I know, no one is a "lawyer" here.

(1) You cannot send in an I-864 form. You are neither a citizen nor a GC holder. You can send in an I-864A however.
(2) EAD may take less than 90 days or more than 90 days. Everyone's mileage varies.
(3) If your I-864 is rejected (and I think it will be), it will have no affect on your EAD application.

myredskins said:
1. In the affidavit of support form here is what I did. My wife works part time, and a college senior who graduates in May 07. So in 2006 she did not meet the requirements. While I made > 125% in 2006. Now I used my income to ensure that we met the 125% min requirement for a household of 2. I wonder if they will accept this, especially that as of last Friday I don’t have a job. Although my former employers said they’d welcome me as soon as I have the work authorization. I read that if using the income of the intending immigrant, there has to be proof that income from that source will keep flowing after residency has been approved.

2. Will it really take 90 days to issue me an EAD? Can it be quicker because my initial filing was in February 07?

3. If they reject my affidavit of support form would that affect my eligibility to get work authorization?

Thanks "lawyers" ;)
Click to expand...
 
OK well I mailed the Affidavit of Support form, but my wife (a USC) signed it. So my name does not appear there, only in the space where we were specifying whether the other income was coming from, which was me.. a household member. Do you still think it will be rejected?

But I am glad to know that if an affidavit of support is rejected and its still being prcessed, I might be allowed to work.
 
OK well I mailed the Affidavit of Support form, but my wife (a USC) signed it. So my name does not appear there, only in the space where we were specifying whether the other income was coming from, which was me.. a household member.
Click to expand...
You lost your job though, right? An intended immigrant's income can only be used if they will continue to be employed by the company that employed them before they applied for AOS.

Personally, I think you should be lining up a co-sponsor just in case.
 
It's true that I was terminated. Well the company was protecting itself, and they assured me that if I got my papers straight, then I'd have the job back. I told them to give me 90 days (it had taken them 180 days to fill the position that I had). Well before I submitted for AOS I was working for this company (legally), and in my submission of the Affidavit of Support I also included my offer letter from when i was initially offered the job back in February 07.

How will CIS know that I no longer have a job (- coz the job ended after I had filed - i had been on H1B all along)? For the puposes of process the form I-864?

But again CIS people are not super humans to detect every slight thing, so I might be lucky (i hope).
 
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