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Can Your Wife Change Jobs While Your Adjustment of Status Application Is Pending?

23 Dec, 2023

If you’re in the process of applying for Adjustment of Status through your spouse who is a Green Card holder, you may be wondering whether your spouse can change jobs during the pendency of your application. Here’s what you need to know.

Considerations for Job Change

Your spouse, as the sponsor, filed an Affidavit of Support (Form I-864) as part of the Adjustment of Status process, demonstrating that she has the income to support you. If your spouse decides to change jobs while your application is pending, it is essential to consider the following:

Income Sufficiency

If your spouse’s new job offers a similar or higher income and she is still able to meet the income requirements stated in the Form I-864, it should not negatively impact your application.

Documentation

During the interview for your Adjustment of Status, your spouse should be prepared to provide evidence of her current income, such as pay stubs from the new job. This documentation is crucial to show that she is still meeting the financial obligations outlined in the Form I-864.

Potential Risks

While changing jobs during the application process may be permissible under certain circumstances, there are potential risks to consider:

Unemployment

If your spouse becomes unemployed during the pendency of your application, it could significantly impact your case. Lack of income at the time of your case approval can raise concerns during the interview.

Case Approval

It’s important to ensure that your spouse’s new job meets the income requirements at the time of your case approval. Failing to meet these requirements could jeopardize the success of your application.

How to Navigate Job Changes

If your spouse decides to change jobs while your Adjustment of Status application is pending, it’s crucial to take the following steps:

  1. Obtain an Offer Letter: Your spouse should obtain an offer letter from the new employer, which can be presented as evidence during the interview.
  2. Provide Pay Stubs: Having recent pay stubs from the new job will demonstrate that your spouse is still meeting the income requirements.

Consult with an Immigration Attorney

While these guidelines offer general insights, it’s important to remember that every case is unique. Consulting with an immigration attorney who can provide personalized advice based on your specific circumstances is crucial.

In conclusion, while it is generally permissible for your spouse to change jobs during the pendency of your Adjustment of Status application, it’s essential to ensure that the new job meets the income requirements outlined in the Form I-864. Consulting with an immigration attorney can provide you with the tailored guidance you need to navigate this process effectively.

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