Approved for K1 but laid off before adjustment of status

[KLavis 0]

Hello, I am looking for some advice. My fiance and I were approved for our K1 visa and he will be entering the country on March 15 (from the United Kingdom) for our April 3 wedding. However, we were thrown an unexpected curveball today as I was laid-off. My salary was well over the stated minimum at the time of filling out the Affidavit of Support for the K1. However, I am unsure as to how being unemployed will affect the adjustment of status after we are married. I think I will have to either find a job or find a co-sponser. I am not familiar with any similar situations and I honestly have no clue what to do right now. Any advice would be greatly appreciated.

[Anh map 2,098]

You are correct. If you haven't obtained a new job by that time you would need to secure a co/joint sponsor.

[Kathryn41 3,207]

Duplicate thread in K-1 forum moved and merged here, and duplicates posts removed.

[Guitarlo 2]

Hello, I am looking for some advice. My fiance and I were approved for our K1 visa and he will be entering the country on March 15 (from the United Kingdom) for our April 3 wedding. However, we were thrown an unexpected curveball today as I was laid-off. My salary was well over the stated minimum at the time of filling out the Affidavit of Support for the K1. However, I am unsure as to how being unemployed will affect the adjustment of status after we are married. I think I will have to either find a job or find a co-sponser. I am not familiar with any similar situations and I honestly have no clue what to do right now. Any advice would be greatly appreciated.

I just had my AOS interview last month and I was unemployed. I was also approved and we have our Green Card - thanks! The difference in my case possibly from yours is when I filed my AOS I also became unemployed but when I filed I had enough W2 earnings to just barely squeak by to make the financial guidlines. I also used my unemployment insurance on the I-864. My question to you is what is your W2 earnings when you got laid off and are you elgible for unemployment insurance? If you either don't give up yet. Everyone on VJ laid that "get a sponsor" type talk on me too and during my interview I was never asked if I had a job! If we can get your I-864 vetted before the interview you can make it.

What's your situation?

[Rebecca Jo 1,962]

I just had my AOS interview last month and I was unemployed. I was also approved and we have our Green Card - thanks! The difference in my case possibly from yours is when I filed my AOS I also became unemployed but when I filed I had enough W2 earnings to just barely squeak by to make the financial guidlines. I also used my unemployment insurance on the I-864. My question to you is what is your W2 earnings when you got laid off and are you elgible for unemployment insurance? If you either don't give up yet. Everyone on VJ laid that "get a sponsor" type talk on me too and during my interview I was never asked if I had a job! If we can get your I-864 vetted before the interview you can make it.

What's your situation?

[John and Camie 39]

Everyone on VJ laid that "get a sponsor" type talk on me too and during my interview I was never asked if I had a job!

Most people who are unemployed and filing AOS NEED a co-sponsor for the I-864. That wasn't bad advice, and people are only trying to help. If I hadn't been lucky to land a job, then that's EXACTLY what I would've been doing if filing AOS during my unemployment. You take a risk when you use unemployment insurance as income for the I-864. It's temporary income, and you need to prove sustainable income in most cases. My opinion? You got lucky with your adjudicator.

That said, KLavis, try to secure a co-sponsor IN CASE you need one for the Affidavit. It doesn't hurt. Sure, you can try to use unemployment insurance, but for something SO important as AOS, I just feel it's better to build as strong a case as possible. Co-sponsors can help with that.

In my opinion, the most difficult thing about trying to pull our AOS together when I was unemployed (I was laid off exactly one week to the day after we got our NOA-2 for K-1, so you are defo in my thoughts … HUGE *hugs*) was trying to scrape the $1010 together, not trying to sort out the I-864. And I can almost guarantee that USCIS is seeing a lot of unemployed cases lately.

You're gonna make it, no worries. I hope you can get another job as soon as possible … it took me six months; I hope you won't have to wait as long. And congrats on your upcoming wedding.

[Guitarlo 2]

Most people who are unemployed and filing AOS NEED a co-sponsor for the I-864. That wasn't bad advice, and people are only trying to help. If I hadn't been lucky to land a job, then that's EXACTLY what I would've been doing if filing AOS during my unemployment. You take a risk when you use unemployment insurance as income for the I-864. It's temporary income, and you need to prove sustainable income in most cases. My opinion? You got lucky with your adjudicator.

That said, KLavis, try to secure a co-sponsor IN CASE you need one for the Affidavit. It doesn't hurt. Sure, you can try to use unemployment insurance, but for something SO important as AOS, I just feel it's better to build as strong a case as possible. Co-sponsors can help with that.

In my opinion, the most difficult thing about trying to pull our AOS together when I was unemployed (I was laid off exactly one week to the day after we got our NOA-2 for K-1, so you are defo in my thoughts … HUGE *hugs*) was trying to scrape the $1010 together, not trying to sort out the I-864. And I can almost guarantee that USCIS is seeing a lot of unemployed cases lately.

You're gonna make it, no worries. I hope you can get another job as soon as possible … it took me six months; I hope you won't have to wait as long. And congrats on your upcoming wedding.

What I said was my 2009 W2 earnings probably got my I-864 vetted. I included my unemployment insurance because by law you must include all sources of your income. Had I only used unemployment insurance I can see that may have caused a red flag. Plus, there are other factors at play when your I-864 is looked at: how much you made previously, type of work, assests, education, et al. In other words do you look like a public charge risk. According to the rule on I-864 if there are no RFEs when you file the AOS that generally means you[ve been vetted and the adjudicator unless they have good reason shouldn't be asking you about your job situation. Like I posted, I was not asked. And I've read other VJ members who also got approved while collecting unemployment insurance. The question back to you: what is your W2 earnings? And did you get unemployment insurance? Can you get a co-sponsor if needed. In my case I'm too old to get a sponsor LOL.

Good luck.