Lost Job....

[~Laura and Nick~ 5]

My amazing husband who is 30 today just got laid off from work.

Only yesterday we got the NOA's for AOS, AP and EAD.

What do I do now? Do I contact the USCIS? His sponsorship won't have the accurate information.......

I'm freaking out and very scared...we both are....

[TRELAWNY PARISH 10]

Oh, that just STINKS big time. Sorry to hear that Laura. Praying for the best. Do you know if he'll receive unemployement?

[~Laura and Nick~ 5]

Oh, that just STINKS big time. Sorry to hear that Laura. Praying for the best. Do you know if he'll receive unemployement?

Yes, he has already signed up.

This may be for the best....Nick hated his job and is so incredibly creative and deserves a better job than being in auto parts.

I'm hoping it will be a turning corner for him and us.

Thanks for the support.

[kgas 0]

I'm sorry to hear about the layoff, Laura. That's difficult news, especially on one's birthday!

This is not legal advice, but I-864 is based on one's anticipated salary for the year, and was sworn to and was correct as of the date you sent it in. At the interview stage (if there is one) you might wish to bring an updated I-864 (or a joint sponsorship document), but the Affidavit of Support was truthful and accurate at the time that you sent it in, so I see no issues in not amending it immediately as there was no intent to defraud the government.

Hopefully, he is eligible to collect unemployment, and assuming that, his salary is probably still above 125% of the poverty line, correct? By a later stage in the process, when they are reviewing his documentation, he may have already found employment, so I think it's best not to be too alarmist.

Good luck to you both.

[~Laura and Nick~ 5]

I'm sorry to hear about the layoff, Laura. That's difficult news, especially on one's birthday!

This is not legal advice, but I-864 is based on one's anticipated salary for the year, and was sworn to and was correct as of the date you sent it in. At the interview stage (if there is one) you might wish to bring an updated I-864 (or a joint sponsorship document), but the Affidavit of Support was truthful and accurate at the time that you sent it in, so I see no issues in not amending it immediately as there was no intent to defraud the government.

Hopefully, he is eligible to collect unemployment, and assuming that, his salary is probably still above 125% of the poverty line, correct? By a later stage in the process, when they are reviewing his documentation, he may have already found employment, so I think it's best not to be too alarmist.

Good luck to you both.

Karvy....

You have NO idea how grateful I am for your post!

I am sitting here crying tears of relief!!!!

THANK YOU FROM THE BOTTOM OF MY HEART!!!!!

I will take your advice.

Thank you again.

[kgas 0]

Karvy....

You have NO idea how grateful I am for your post!

I am sitting here crying tears of relief!!!!

THANK YOU FROM THE BOTTOM OF MY HEART!!!!!

I will take your advice.

Thank you again.

No worries. The AOS process sometimes takes years, and of course people change jobs and circumstances change in that time. The point of a I-864 is to prove that the sponsor has the ability to make an adequate amount of money to support the AOS applicant so that he/she doesn't become a public charge: not the exact amount of money that one earns. That's why they give you the option to submit tax returns for the previous two years, to show that there is a pattern of having a sufficient amount of income.

Now if you were to get an RFE or they were to ask you at the interview about your income, then you would be obligated to be truthful about the change in income or job status. But nowhere in the application does it say you need to amend a I-864 if there is a sudden change of circumstances.

Actually, this didn't come at the worst possible time. The worst possible time would have been a month ago!

[mellowgeorge 1]

and since the EAD usually arrives before the interview (in most cases), you have time to find a job and count your income towards the 125% poverty guideline since you are the spouse and are living together.

good luck.

[HappyDancer 7]

That really sucks. Keep your focus girl. Now is the time when that other side of you comes out to be his support system. Trying times, yes. Sh*t happens, yes. It's not the end of the world and you have a long way to go. Roadblocks will always be there. Allow this experience to mold your character and make your bond stronger than ever.

Keep your head high and keep going.

[Zee Bee 61]

Sorry to hear that Laura

[Rosie74 0]

Agree 100% with Karvy02.

You'll be fine, don't worry!! There will be plenty of time for him to find a new job or for you to help out when you get your EAD.

Best of luck!!

[~Laura and Nick~ 5]

Thanks so much guys.

[envy_me 18]

go with the flow..

papers have been filed already nothin u can do abt it for now..

your husband has so much time to look for another job..

relax, you'll be fine!

[second stage 14]

My amazing husband who is 30 today just got laid off from work.

What do I do now? Do I contact the USCIS? His sponsorship won't have the accurate information.......

Sorry to hear about the layoff...Do conserve cash and put away unnecessary spending...

You don't have to contact USCIS and let them know about layoff but if you anticipate being called for an interview and not having a job by then, you need to update your I-864.

If your husband has substantial assets, then you can use assets to qualify...read the "Section 29 total value of assets" in the I-864 instructions..that may help..

[link09 0]

My amazing husband who is 30 today just got laid off from work.

Only yesterday we got the NOA's for AOS, AP and EAD.

What do I do now? Do I contact the USCIS? His sponsorship won't have the accurate information.......

I'm freaking out and very scared...we both are....

Laura,

I am really sorry to hear the terrible news... But here's what you can do (and some are already mentioned by other VJ'ers):

1) Show other assets - his CDs, stocks, real estate ownership, etc.

2) Find a joint sponsor - perhaps your mother/father-in-law, or someone who's a USC, someone who's willing to sign another I-864 form, and disclose his/her tax returns. They won't be liable unless you apply for public welfare and owe the government $$$, in which case you won't.

3) If you get a RFE letter questioning his ability to sponsor you, he could submit his diploma, as it shows his POTENTIAL to earn sufficient salary, and explain the current market condition (with the Dow falling below 10,000 and tons of people losing jobs in the Tri-State area)... you are not the only one!

GOOD LUCK, and have comfort knowing that there are other steps you can take. Knowledge is power, so don't be scared and upset! Start talking to his family to see if you can find a joint sponsor IF something goes wrong!

[LuciansGirl 0]

I'm so sorry to hear that....here's hoping he gets a job soon and something he'd really like.