AOS and affidavit of support

[dagnytaggart 0]

I have a rather odd circumstance and have a question about filing the I 864. We need to file the paperwork within the next week or so but I am currently unemployed. I am collecting unemployment. I am however going to be starting a new job on August 3rd. It is a salaried position so I already know how much I will be making.

Do I check employed or unemployed?

If I check unemployed but submit a letter showing proof of employment starting August 3rd would that do anything?

If I check unemployed should I include the amount I am getting from unemployment?

I am so confused. Is this something to make an infopass appointment for or should I try calling the misinformation line at USCIS?

Edited June 20, 2009 by dagnytaggart

[Otto 83]

Since you don't work for this new company (yet) the choice is obvious - you're unemployed. You may (if you wish) include the unemployment benefit as income but because of its temporary nature, doesn't count for much (nor is it likely adding up to much either).

Is it safe to assume you'll be using a co-sponsor?

[Anh map 2,098]

At this point you are unemployed. That's the answer to Q 22.

For Q23 about current income, this is where you will show what your earning for 2009 (prior job, unemployment, new job) will be. Include the job offer letter, unemployment benefits, pay stubs from any other job(s), etc. as evidence. Attach a letter explaining your evidence and situation. By the time you have the interview you will have been working at the new job and have paystubs to prove it as well as a letter from the employer stating such.

Not a bad idea to have a co-sponsor lined up in case one is needed to keep the process moving along.

Edited June 20, 2009 by Anh map

[Nich-Nick 3,354]

I think I would put employed as blah,blah at new company and add on "starting August 3, 2009". Include the offer letter. It's not likely an adjudicator will be looking at the specifics until after that time anyway. Contractors open the mail. Somebody checks to see documents are included. But getting down to the nitty gritty happens later in the process and probably after Aug 3. You have a special case. Think outside the box to show them your ability to support the spouse.

[Gary and Alla 3,694]

I have a rather odd circumstance and have a question about filing the I 864. We need to file the paperwork within the next week or so but I am currently unemployed. I am collecting unemployment. I am however going to be starting a new job on August 3rd. It is a salaried position so I already know how much I will be making.

Do I check employed or unemployed?

If I check unemployed but submit a letter showing proof of employment starting August 3rd would that do anything?

If I check unemployed should I include the amount I am getting from unemployment?

I am so confused. Is this something to make an infopass appointment for or should I try calling the misinformation line at USCIS?

The I-864 is a "present tense" document and needs to be true and accurate the day you sign it. If you sign it before August 3 you are "unemployed"

The USCIS needs to make a determination that your spouse will not be a public charge. You can submit nearly anything you want with it to demonstrate that. Adding a letter showing future employment would not be a bad thing, though it may not qualify you without a joint sponsor.

Yes, you should include the amount you are getting from unemployment. Unemployment compensation is NOT excluded as a valid form of income, but it IS considered temporary and I have not heard of anyone qualifying on unemployment alone. I doubt an infopass would od you much good, but if you live near the local office and it is not a major trip for you to attend an appointment, why not?

I would be lining up a joint sponsor just in case. File your I-485 with proof of unemployment income and proof of future employment. If they need a joint sponsor they will let you know.

At this point you are unemployed. That's the answer to Q 22.

For Q23 about current income, this is where you will show what your earning for 2009 (prior job, unemployment, new job) will be. Include the job offer letter, unemployment benefits, pay stubs from any other job(s), etc. as evidence. Attach a letter explaining your evidence and situation. By the time you have the interview you will have been working at the new job and have paystubs to prove it as well as a letter from the employer stating such.

Not a bad idea to have a co-sponsor lined up in case one is needed to keep the process moving along.

Excellent suggestion!

[dagnytaggart 0]

Hi thanks for all the suggestions. What I am going to do is what Anh Map and Gary and Alla suggests. I don't want to lie at all and I figured the form was in the present tense. So I am going to include all the supporting documents as well as a letter stating the situation. It looks like I will meet the poverty guidelines with the unemployment and previous jobs income for this year. I figure by the time we get an RFE I will have started my job and be able to send in further proof and wont need a co-sponsor. I mean were talking a month here. This way the paperwork can at least be logged into the system and we don't have to worry about hubby's status. =)

Edited June 21, 2009 by dagnytaggart

[Gary and Alla 3,694]

Hi thanks for all the suggestions. What I am going to do is what Anh Map and Gary and Alla suggests. I don't want to lie at all and I figured the form was in the present tense. So I am going to include all the supporting documents as well as a letter stating the situation. It looks like I will meet the poverty guidelines with the unemployment and previous jobs income for this year. I figure by the time we get an RFE I will have started my job and be able to send in further proof and wont need a co-sponsor. I mean were talking a month here. This way the paperwork can at least be logged into the system and we don't have to worry about hubby's status. =)

Good luck!

[Nich-Nick 3,354]

It's not lying when you add the date that job will begin. It wasn't suggested to pretend you are doing that job today.

When somebody finally reads your I-864 in September you will employed and providing that piece of information could benefit you. Graduating university students with job offers have been approved for Affidavits of Support. If they don't like it filled out that way, you will get an RFE...the same thing you'll possibly get writing unemployed, along with a request that you find a co-sponsor.