Unemployed & Unsure

[Ajay330 0]

Hey guys, during the last year I only worked about 8 months out of the year.. I was employed before I left to visit my fiance for 2 months but since my company couldnt give me that much time off I decided to quit my job. With the current job market the way it is, is it neccessary for the petitioner to be employed? Will their be any problems when I file my Affidavit of Support? I've been looking for a job ever since i've been back but its not looking so great.

[payxibka 10,048]

Hey guys, during the last year I only worked about 8 months out of the year.. I was employed before I left to visit my fiance for 2 months but since my company couldnt give me that much time off I decided to quit my job. With the current job market the way it is, is it neccessary for the petitioner to be employed? Will their be any problems when I file my Affidavit of Support? I've been looking for a job ever since i've been back but its not looking so great.

current earnings carries the most weight.... lack of any current earnings will have an impact

[Bobby+Umit 161]

is it neccessary for the petitioner to be employed

Normally "yes" - However - you can use a co-sponsor if you are not employed, or have make the poverty level needed.

- however, depending on the embassy, they may not accept co-sponsors. (one of the sponsors will need steady income).

Will their be any problems when I file my Affidavit of Support

Yes - if you do not have steady income, or a co-sponsor, they will RFE you - if you cannot meet the affidavit/RFE, they cannot process your request.

Edited January 26, 2010 by Bobby+Umit

[Penguin_ie 6,000]

You not being employed is not a problem as such, but you must be able to sponsor the beneficiary somehow- either through assets (shares, savings, property etc), or via a co-sponsor. Some embassies do not like co-sponsors and will give you a hard time, maybe even denying if the co-sponsor is not a family member.

[Alcheringa 39]

I'm in a similar situation myself. I worked in the Middle East for four years, and resigned at the end of my last contract to move home (in the Philippines) with my fiancée for the duration of the application process. A deserving break, but I'm technically unemployed until I get back Stateside and resume work.

Clearly, the ideal scenario for a quick approval is to be gainfully and steadily employed. If you are not, seek a co-sponsor. It's as simple as that.

As in my case, assets can be used in place of a co-sponsor if they are significant enough. If you have an income that doesn't meet the poverty guideline, or no income at all, your assets need to equal equal the difference per whichever rule applies. I've seen the 3X and 5X rule thrown around interchangeably, so to be honest I'm just sticking with 5X the guideline to be on the safe side.

Directly from the DoS website:

What Cash Value of Assets is Needed?

To be counted, the cash value of assets must equal five times the difference between the sponsor's income and 125 percent of the poverty line for the household size.

For example, a petitioner/sponsor with a household size of four and an income of $18,000 would need assets equal to five times the difference between his/her income and the income required for a family of four at the current federal poverty guidelines level. He/she would also need to show evidence of mortgages, liens, and liabilities against the assets.

The cash value of assets required is different for these sponsors:

Sponsors of immediate relative spouses and children of U.S. citizens must only show assets in the amount of three times the difference between the poverty guideline and actual household income.

Sponsors of foreign orphans who will acquire citizenship after admission to the United States need only prove assets in the amount of the difference between the poverty guideline and actual household income.

What can be used as assets?

Assets can be savings, stocks, bonds and property. They must be easily converted to cash.