Fiance got laid off from job before NOA2

[thongd4me 69]

Hi everyone,

Well so me and my fiance John did not have a good day, yest was a bad day.I have been sick and also eagerly waiting to hear about the NOA2s and all.And he just called me yest saying that he got fired from his job yest.

That was such a shock to take in,I had not seen that coming.

We are of course going to figure a way out,but what is the best way out.

We are in the NOA2 waiting stage,so when he sent out our petition,he had included his employment letter.

What do you think happens?

He will try to look for a job and all,but assuming VSC suddenly wakes up and sends us all approvals, should we decide on a co-sponsor for the I-134 or wait?

Also,if we did,it will be his father,but will there be a discrepancy since we had included his employment letter in the original petition?

I will really appreciate any advice .And everyone's hope and optimism is commendable !

Anwesha

The silver lining in your cloud is this: don't panic.

For your petition, no matter what the category, he had to put up 3 years of tax

returns and presumably those showed enough income for you to complete your

visa approval without a sponsor. Moreover, he got fired AFTER the end of 2009

and I also presume his 2009 income also would be sufficient. I don't think they

would be doing any further checking in the employment area at this late date.

The only thing is that if his father has to step in and help, that assistance

would preclude you and him from going on the welfare, rolls, which is what

the immigration authorities want to see.

You don't have to pre-emptively give his employment status from day to

day or week to week, just give it as specified in the immigration form

instructions. As long as he has done this, I don't see any problem.

[pushbrk 12,296]

The silver lining in your cloud is this: don't panic.

For your petition, no matter what the category, he had to put up 3 years of tax

returns and presumably those showed enough income for you to complete your

visa approval without a sponsor. Moreover, he got fired AFTER the end of 2009

and I also presume his 2009 income also would be sufficient. I don't think they

would be doing any further checking in the employment area at this late date.

The only thing is that if his father has to step in and help, that assistance

would preclude you and him from going on the welfare, rolls, which is what

the immigration authorities want to see.

You don't have to pre-emptively give his employment status from day to

day or week to week, just give it as specified in the immigration form

instructions. As long as he has done this, I don't see any problem.

No tax returns or financial information of any kind is required when filing a petition. Affidavits of support are submitted after petition approval.

[thongd4me 69]

No tax returns or financial information of any kind is required when filing a petition. Affidavits of support are submitted after petition approval.

Yes that is a valid correction (my bad) - but the OP would not, I believe be committing

any fraud by presenting his affidavit of support documents as requested in the instructions.

It would be best to get a job as soon as possible but he could give them a recent pay stub

and still be compliant. Where the affidavit of support asks for tax documentation he will

have that too, so I think it is premature to look for a sponsor because having the need

for a sponsor puts the OP under greater scrutiny. If he has been unemployed for several

months, then there may be a problem.

I think going the "sponsorship" route at this point would not be an offering of protection but

to risk a liability. That's his dilemma, but not having gone the sponsorship route myself

there may be others better qualified to answer this.

Correction: the OP is the fiancée of the petitioner

Edited January 13, 2010 by thongd4me

[pushbrk 12,296]

Yes that is a valid correction (my bad) - but the OP would not, I believe be committing

any fraud by presenting his affidavit of support documents as requested in the instructions.

It would be best to get a job as soon as possible but he could give them a recent pay stub

and still be compliant. Where the affidavit of support asks for tax documentation he will

have that too, so I think it is premature to look for a sponsor because having the need

for a sponsor puts the OP under greater scrutiny. If he has been unemployed for several

months, then there may be a problem.

I think going the "sponsorship" route at this point would not be an offering of protection but

to risk a liability. That's his dilemma, but not having gone the sponsorship route myself

there may be others better qualified to answer this.

Correction: the OP is the fiancée of the petitioner

The affidavits of support require dated signatures below statements of "current" income. Representing current income from a job you don't currently have is fraud.

[mikelovesgracey 0]

Please take this advice and call your embassy 044-4231-6767 to ensure they accept co-sponsorship. Do not rely on any printed information. I had this very same problem you are having. If they allow it, get 2 co-sponsors if you can. The higher the income, property, securities, ect the better. They look at work history and if you meet the income requirements mostly from tax records, bank docs, property, securities, ect. not nessesarily current job status. This is a very crucial time for you and things move very quickly from the NVC so please don't delay. Best of luck to you. Oh and one other note if you have a high education that also helps. I'm ashamed to say thay because of circumstances that happened to me from my prior marriage, that I didn't even meet the income requirements, and also had no job during the interview. They also didn't allow co-sponsorship, but through the grace of God we passed. My wife really stood up and took control during the interview and the fact that she had family here and is a physical therapist helped, but we had god on our side that day for sure. This situation is not typical by any means so please do all you can. There Isn't a min to spare! Best of luck!

[mikelovesgracey 0]

The affidavits of support require dated signatures below statements of "current" income. Representing current income from a job you don't currently have is fraud.

I would def come clean and tell them that he lost his job, do not keep and use the old letter, pay stubs, ect from the old employer. Just be confident and maybe say something like ....he is currently pursuing a better oportunity. Do everything else i mentioned and you should be ok. Get your college records if you have any to take. It will help. Keep in mind they are only concerned about you becoming a public charge. if he has had sufficient income for last 2-3 yrs via tax docs you should be ok. Take 3 yrs worth if you can. This will show the CO a history of working income, rather than a history of his current unemployed status. Still get those co-sponsors if you can. That takes time so try to move quickly. Best to you...

[mikelovesgracey 0]

pushbrk can probaly answer this. Since at the time she submitted the docs he was employeed can she not go by that? After all there is no requirement to update it right? it has already been sent. Another thing I'm curious about is if he has had solid work history could he not go to legal zoom and get a S-Corp or something to show? Just an idea, thoughts welcome.

[pushbrk 12,296]

pushbrk can probaly answer this. Since at the time she submitted the docs he was employeed can she not go by that? After all there is no requirement to update it right? it has already been sent. Another thing I'm curious about is if he has had solid work history could he not go to legal zoom and get a S-Corp or something to show? Just an idea, thoughts welcome.

It's my understanding the financial information already sent was sent with the petition. That documentation cannot be used when attending the interview and it may even have been discarded, since it's not part of the petition process. They'll need a currently dated I-134 and supporting documentation at interview time.

[Filipina Lover 1]

You still probably have 1 1/2 months before you need that support document for your interview, so I think he will have a job by then, so I wouldn't really worry about it. If he looks hard everyday and tries the employment agencies, he will have a job in the next 2 weeks. It might not be what he wants, but it will be good enough to get you here.

[JohnAnwesha 4]

Thank you everyone for answering my question.

I hope we can get everything that is needed on time.

Thank you very much again.

[K and L 27]

JohnAnwesha, you're still waiting for your NOA2. According to Igor's list, there's a good 70 days between NOA2 and interview for India. With more than two and a half months (roughly), your fiancé should have enough time to find *something*. Apply to everything, use job agencies (including the unemployment office) and don't be too proud (take a job that's 'beneath' him, like the night stocking shift at Walmart, if that's what he can find) - as long as he makes at least $9.25/hr, he should meet the poverty guidelines.

For your petition, no matter what the category, he had to put up 3 years of tax

returns and presumably those showed enough income for you to complete your

visa approval without a sponsor.

FWIW, this is dependent upon the embassy. I don't know how many years of evidence India requires for the I-134, but Brazil only requires the most recent tax year's return. Rio doesn't want pay stubs, letter of employment, etc, just last year's (in this case, 2009) taxes & proof of citizenship/LPR for everyone who is filing a I-134.

[Mr. K 8]

It's my understanding the financial information already sent was sent with the petition. That documentation cannot be used when attending the interview and it may even have been discarded, since it's not part of the petition process. They'll need a currently dated I-134 and supporting documentation at interview time.

Does the embassy use the petitioner's financial standing/employment status at the time of I-134 submission to determine the ability to support finance(e) and/or grant an interview? Or do they use the petitioner's financial/employment status at the time of the interview to determine ability to provide support? I'm wondering why the embassy needs this info after NOA2/before the interview, which in some cases is several months ahead of time. The petitioner's status could change a bit in that period of time.

Edited January 16, 2010 by Mr. K

[pushbrk 12,296]

Does the embassy use the petitioner's financial standing/employment status at the time of I-134 submission to determine the ability to support finance(e) and/or grant an interview? Or do they use the petitioner's financial/employment status at the time of the interview to determine ability to provide support? I'm wondering why the embassy needs this info after NOA2/before the interview, which in some cases is several months ahead of time. The petitioner's status could change a bit in that period of time.

The I-134 is usually handed over on the interview day but sometimes is requested ahead of time. Evaluation and determination of the public charge concern is done at the interview. If not satisfied with old documents, the officer may request more currently dated ones.

The best policy is to provide documents that are as current as practical. Usually within two or three months is no problem.

A lot of this is moot for the petitioner because the documents in question may well have been discarded by USCIS as they had nothing to do with the USCIS end of the process.

[Mr. K 8]

The I-134 is usually handed over on the interview day but sometimes is requested ahead of time. Evaluation and determination of the public charge concern is done at the interview. If not satisfied with old documents, the officer may request more currently dated ones.

The best policy is to provide documents that are as current as practical. Usually within two or three months is no problem.

A lot of this is moot for the petitioner because the documents in question may well have been discarded by USCIS as they had nothing to do with the USCIS end of the process.

Do you think the embassies that do request the I-134 months before the interview will use that info to determine if an interview should be granted? What's the point in asking for this info that far in advance? My situation is somewhat similar to the OP's fiance. Though my income is well above the poverty line and my financial situation is good, in my line of work I don't work year-round and according to the timeline there's a good chance I'll be receiving NOA2 while I am between jobs. I'll be working again by the time of our interview, but my concern is if they do ask for the I-134 right after NOA2 will my employment status at that time have anything to do with getting an interview. I would hope that it is irrelevant.

[pushbrk 12,296]

Do you think the embassies that do request the I-134 months before the interview will use that info to determine if an interview should be granted? What's the point in asking for this info that far in advance? My situation is somewhat similar to the OP's fiance. Though my income is well above the poverty line and my financial situation is good, in my line of work I don't work year-round and according to the timeline there's a good chance I'll be receiving NOA2 while I am between jobs. I'll be working again by the time of our interview, but my concern is if they do ask for the I-134 right after NOA2 will my employment status at that time have anything to do with getting an interview. I would hope that it is irrelevant.

They could. Does your consulate request an I-134 months in advance? Which ones do? It's not common.

It seems silly to send an I-134 alone from an unqualified sponsor. If not qualified, send two I-134 packages including one from a qualified sponsor. Do this regardless of the timing or procedure. Why give them a reason to say no to an interview or to anything?

Edited January 16, 2010 by pushbrk