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My wife (from China, going through the green card process)

and I have our first...
My wife (from China, going through the green card process) and I have our first interview with the customs officer on February 9th of this year. We were married last year and we are trying to get her change of status to Permanent resident. My income alone is not enough to meet the poverty level however my wife is legally working with an EAD card here in the united states, and with her income we both meet and exceed the poverty level. It states however that she has to prove she can continue to make money from the "same source" for our mutual income to count. She was offered a job a week ago that would offer double what she is paid now annually. Is she allowed to take a new job so close to our interview? Does she need to show proof of the income from the new job opportunity or does she have to stay at her current job for legal reasons and to prove we both meet the poverty level?
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Answered in 4 minutes by:
1/23/2017
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,198
Experience: Private practice in several areas, including immigration
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
Is she allowed to take a new job so close to our interview?
Yes. But if so, then the I-130/I-485/I-864 filed must be amended/updated to include the new information. The two of you can either file amended applications NOW, or, wait until the interview at which time you can file the amended applications.
It is recommended to file the updated information NOW, and then to correspond with the interviewing office agent and let them know. This may push back the interview time a bit while the agent has a chance to review the file. (If you never hear back from the interviewing office about rescheduling, then you can simply show up and maybe it would be rescheduled, or, perhaps the agent will simply hear the matter then and there).
Does she need to show proof of the income from the new job opportunity
Yes. If she would not have the first check yet, then a letter from the employer stating how much she earns and/or the employment contract can be a substitute.
I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).
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Customer reply replied 1 year ago
We were married March 2016. We filed in May of 2016. My wife got her current job in September of 2016. I switched jobs in August of 2016. We didn't get our interview until February 2017. We didn't know we had to update the I-130, I-485 and I-864 so we never did after changing jobs. So you are saying we need to update the forms? And will we need to prepare this years taxes even though we have already submitted last years taxes (2015 which was the current tax information at the time in order to show the change of jobs). What if my W-2's don't reach us before the interview to prepare last years taxes (2016)?
the forms should be updated if she change her job. Yes, you would need to send new supporting documents. If paychecks or W-2 are not available at the time, you simply use a letter from the employer as a substitute.
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,198
Experience: Private practice in several areas, including immigration
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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