Lost job

[DeniseBill 4]

Me and my fianceé are currently waiting for our NOA2 on the k-1 visa. The thing is that 2 months after filing he lost his good payed job at a cable company. He is now getting an unemployment. But when In the interview they ask what he does for a living, how big is the risk we get denied??

his unemployment is about $1200 a month and the guy from the USCIS says its not an problem as long as he gets unemployment but this is not a lifetime deal. He'll stop getting it. He is currently looking for a job and really doing his best to find one. But it's really hard nowadays in America with the crisis and everything.. So any thoughts? Idea's? Opinions? I'm very nervous and scared that we'll get denied over this

[Gary and Alla 3,696]

Me and my fianceé are currently waiting for our NOA2 on the k-1 visa. The thing is that 2 months after filing he lost his good payed job at a cable company. He is now getting an unemployment. But when In the interview they ask what he does for a living, how big is the risk we get denied??

his unemployment is about $1200 a month and the guy from the USCIS says its not an problem as long as he gets unemployment but this is not a lifetime deal. He'll stop getting it. He is currently looking for a job and really doing his best to find one. But it's really hard nowadays in America with the crisis and everything.. So any thoughts? Idea's? Opinions? I'm very nervous and scared that we'll get denied over this

You WILL be denied of he cannot meet the guidelines at the time of the interview. He can claim unemloyment compensation, but even if it is enough to meet the guidelines, they will likely not accept it as it is not permanent.

I would try to line up a co-sponsor in case he does not secure another job before the interview

[Danu 19]

I would possibly look into getting a co-sponsor if he can't find another job. I'm not sure how they will look on him getting unemployement as they usually ask for Tax info, and a letter from the employer stating how much he makes.

[DeniseBill 4]

How exactly does getting a co-sponsor work? We could for example use his father as co-sponsor. This person has a job. and if i have to believe the guy from USCIS $100 a month is enough....

[Gary and Alla 3,696]

Me and my fianceé are currently waiting for our NOA2 on the k-1 visa. The thing is that 2 months after filing he lost his good payed job at a cable company. He is now getting an unemployment. But when In the interview they ask what he does for a living, how big is the risk we get denied??

his unemployment is about $1200 a month and the guy from the USCIS says its not an problem as long as he gets unemployment but this is not a lifetime deal. He'll stop getting it. He is currently looking for a job and really doing his best to find one. But it's really hard nowadays in America with the crisis and everything.. So any thoughts? Idea's? Opinions? I'm very nervous and scared that we'll get denied over this

You WILL be denied of he cannot meet the guidelines at the time of the interview. He can claim unemloyment compensation, but even if it is enough to meet the guidelines, they will likely not accept it as it is not permanent.

I would try to line up a co-sponsor in case he does not secure another job before the interview

USCIS does not make the judgement regarding income at the interview. The State Department does. USCIS DOES make the judgement for the AOS, however. What he told you is meaningless for your current situation and more reinforcement for why we call it the "misinformation" hotline. Consulates actually have wide latitude on this, and in this economy many people wonder the same. Unemployment compensation is not specifically excluded from consideration (some other forms of income, such as welfare and student grants ARE) but we have yet to see a case here where a petitioner was approved solely on unemployment benefits.

In fact, there are NO hard and fast rules for the I-134, but the rules for the I-864 are often the guide for the consulates. They can deny even IF you make more than the minimum or approve even though you are unemployed, each case is individual, supposedly. But it is much easier (to the point of being necessary) to have some sort of reasonably permanent income. I say "reasonably" because in this economy it is often a matter of fortunate (or unfortunate) timing when a petitioner loses his/her job. And/or when they sign the I-134.

[DeniseBill 4]

So what about this co-sponsor? Is there still a risk when we have a co-sponsor. We're gonna live in one house with his parents, he barely has any bills except for car insurance and phonebill.... There are several people we could use as an co-sponsor...

[Gary and Alla 3,696]

How exactly does getting a co-sponsor work? We could for example use his father as co-sponsor. This person has a job. and if i have to believe the guy from USCIS $100 a month is enough....

What???? Don't believe the guy from USCIS!!!!

His father would also fill out and present an I-134, same as your fiance, with tax and income information. He would need to have enough income to support HIS family size, which is YOU, himself and any other people in his household dependent on him. It is simple really. But $100 per month won't do it. OMG!

The I-134 is only in place until it is replaced by the I-864 at the AOS, so the risk to his father in very small for this phase. Maybe your fiance will have a job by the time of the AOS and you will no longer nee a joint sponsor.

[Danu 19]

A co-sponsor must have the required amount of income for their household size. Its not an addition of co-sponsor and petitioner, the co-sponsor must have enough income to support all 3 of you regardless of the petitioner's income. Someone can correct me if I am wrong but I think his dad would have to make the 125% of a family of 4 if its you, your fiance, his mom and his dad, which would be about $27,562

Edited June 14, 2009 by Danu

[DeniseBill 4]

Hopefully =\ The crisis in America is bad... =x

his mum gets like a disability from the government and she and his dad aint married. Theyre stated as gf/bf. So they both get money....

and $27,562 a year???

Edited June 14, 2009 by DeniseBill

[Danu 19]

yeah, they have to be able to support their household plus you, so they need to make the poverty guidelines for all of you.

[DeniseBill 4]

Where can i find this guideline? Like if my fianceé finds a job, and he gets like $11.700 a year.. Is that enough for just him and me???

[Old Dominion 26]

He will need to earn $18,500 per year to be able to sponsor you for a visa.

[Ladylethal 12]

Start reading the guides here: http://www.visajourney.com/forums/index.ph...mp;page=support

I also recommend you read the I-134 guide that comes with the actual forms as well (you can download it right here on VJ).

Also I'm sure that if you do a search for Affidavit of Support and/or poverty guideline here on the Embassy and Consulate forums you'll find good topics and insight on this matter.

Edited June 14, 2009 by *Laura*

[JimVaPhuong 4,864]

A co-sponsor must have the required amount of income for their household size. Its not an addition of co-sponsor and petitioner, the co-sponsor must have enough income to support all 3 of you regardless of the petitioner's income. Someone can correct me if I am wrong but I think his dad would have to make the 125% of a family of 4 if its you, your fiance, his mom and his dad, which would be about $27,562

Co-sponsor does not have to include the petitioner when determining household size. Co-sponsor is not agreeing to provide support for the petitioner - only for the beneficiary.

If father is going to be the co-sponsor, and he's not married to nor technically supporting sponsor's mother, and he doesn't have any other dependents, then the household size is 2: father plus beneficiary. He'll need income of $18,212. Since the father is not married to mother, he won't be able to use their combined income even for the I-864 at AOS.

[DeniseBill 4]

what if my fianceé gets a job and his dad will be co-sponsor... then that should be enough right???

Oh I'm so freaking out. This is ridicilous though. Other words for this are: Poor people don't deserve love...