Job problems

[MikeH60 0]

Hi all,

Up until recently everything seemed to be going well with the K1 visa application myself and my fiance had filed. The I-129F was accepted and I had gathered all the forms and certificates and so on in order to get the interview at the embassy sorted. I've even been to London and had the medical and that all went through fine. Unfortunately, just before I was about to get in touch for the interview my fiance lost her job due to department cutbacks. This rendered the I-134 income form obsolete so we put everything on hold while she tries to get another job.

The main problem with this is that the I-129F acceptance has an expiration date of the 17th of June on it. Even if she was to get a job tomorrow (wishful thinking) there isn't enough time before then to get a new I-134, employer letter and 3 payslips sent over so I'm not going to have everything in time for then. So, the advice I'm looking for: should I arrange an interview and go down with what I have (basically everything other than the I-134, payslips and employer letter. I have her last two tax returns) and hope they don't just rip it all up for not being complete or should I ask if we can get more time?

Any help would be appreciated, we're starting to get a bit worried. Thanks!

[Otto 83]

If it were me - I might either attend the interview as scheduled or ask to postpone the scheduled interview. I wouldn't postpone it indefinitely.

[Audy_Rob 26]

It sounds like you have not actually scheduled the interview although I am not 100% certain based on the use of the word "sorted" followed by "about to get in touch..."

The expiration date is not the issue. The Cos (Consular Officers) can and will routinely (automatically) extend the I-129F NOA2 expiration date. The printed expiration date is always four months from the approval date. They will typically grant you another four months. This is printed on the DOS web site.

While not absolutely necessary, you could send an email to the London Embassy requesting an extension of the NOA 2 expiration date. You would need to call the telephone line to request a PIN and then send the email with the PIN. This is simply a formality to cover your bases.

Following other advice while good intentions, might lead to serious misrepresentation of MATERIAL facts in the filing. Those misrepresentations might not ever be noticed on the other hand, something could show up when you try to do AOS.

Good luck.

[Otto 83]

Following other advice while good intentions, might lead to serious misrepresentation of MATERIAL facts in the filing. Those misrepresentations might not ever be noticed on the other hand, something could show up when you try to do AOS.

Perhaps I should clarify - If it were me, I might attend the scheduled interview and explain my sponsor's circumstances or ask to postpone the scheduled interview in the hopes that my sponsor's employment position changes. (Anything else was unintentional.)

Another possible option is to secure a co-sponsor.

[Boiler 43,438]

Why not self sponsor?

[Audy_Rob 26]

I am still not sure from the wording of the OP that the interview was ever scheduled. So there might night be an interview to attend or postpone.

It is much easier to delay by extending the interview date to begin with rather than postpone an interview date already granted. The extension of the interview date is automatic as mentioned earlier.

However "Otto und Karin" did make a very good suggestion about getting a joint sponsor. A joint sponsor is another person typically a friend or relative of the USC that is a US Citizen US National or Permanent Resident that qualifies to sponsor the Alien Beneficiary in terms of income.

Then when it is time to file the I-864 Affidavit of Support in the US after marriage, you could either ask the same person to joint sponsor again or your USC fiance(e) might be back on their feet again by that time.

Good luck.

[MikeH60 0]

Hi all, thanks for the replies. First off, the fact you can simply contact them and ask for an extension of the expiration date is music to my ears, it's probably the easiest way to go. Just out of interest, any idea which phone number and email address is the best to use? The London Embassy website has several listed and I'm not 100% on which applies to my circumstances.

Just another couple of points based on what's been said above:

The interview has not yet been scheduled - I was on the verge of arranging it with the embassy when she lost the job.

The first thing she tried was to find a co-sponsor but not with much luck so far. Her Dad had to stop working due to health problems recently which doesn't help. We'll keep looking though.

Just out of interest, how does the suggested Self-sponsoring work? I estimate that by the time I move over there and get married (we're aiming for October i.e before winter) I'll have savings to bring with me of roughly $12,000 but that includes selling my car and so on. I don't own my flat so can't use that. I also hope to be earning something approaching a part-time wage via Internet Affiliate marketing that I'm working on getting into in my spare time at the moment (I also work a full-time job) so that when I move I should be earning a decent amount from day 1. I had planned to take some proof of the money I'm currently making from this ($300 from Amazon this month for example) to the interview to show I will be earning for myself as soon as I arrive in the States.

Thanks again everyone!

[Boiler 43,438]

I would imagine $12k would be enough, but it would need to be in cash, check what number they are looking for.

[Nik+Heather 121]

Firstly, I want to reassure you that with this economy, you aren't the only couple stuck in this same situation. Why, another UK couple John and Camie had the same thing happen at the same point in their visa process. They managed to get through the visa process and AOS eventually. You will too.

...some proof of the money I'm currently making from this ($300 from Amazon this month for example) to the interview to show I will be earning for myself as soon as I arrive in the States.

This is only acceptable income if it is "passive" income - ie, you don't work for it. If you're selling off a massive collection of valuable books or you're collecting royalties off Amazon or something. If not, then the person who interviews you will likely take the conservative route and tell you that it doesn't count (and that you should discontinue working when you arrive). When consulates are asked about working remotely, the response is usually quite vague: "In general, you are not allowed to work without an Employment Authorization Document"

As soon as you arrive in the States you will not be able to work until after you marry, apply for AOS (and EAD concurrently) AND receive the EAD. That's at least 3 months + the time it takes you to get married and gather the paperwork.

As Boiler's noticed this thread, I'll leave it to him to answer about self sponsoring in London. He had a different experience than I would expect just by reading the forms for the requirements in assets to be eligible to self-sponsor.

I'm a little leery about the idea being tossed around that you try to solve the sponsorship issues differently for the visa compared with AOS. What if you get here and she still can't find a job - then your AOS gets put on hold, you're burning through savings and then you're out of status .... it's a preventable downward spiral.

Edited May 24, 2010 by Nik+Heather

[Audy_Rob 26]

In general I think Nik+Heather did OK covering the issues about unauthorized employment in the USA upon arrival. You will not want to mention doing active work earning money as soon as you arrive and of course you should not actually be doiing the work to comply with the law.

The $12,000 figure mentioned is a rather small number when it comes to self-sponsoring.

You can apply cash some assets towards an income shortfall for the purposes of the I-134 and later the I-864 for AOS after marriage.

The I-134 does not say at what ratio to apply assets to income. Diferent numbers are used here at VJ. Roughly think of it as dividing you assets by 3 to 5 to get an income level. So 12,000 divided by 3 to 5 gives you an income range of 2,400 to 4,000 per year. You will require at least $18,212 per year and maybe more if either of you has children.

The only real question Heather brought up is questioning the logic of using different methods of qualifying for the I-134 as for the I-864. I see absolutely no issue as it is perfectly legal and done all the time. Any method that works and is legal is acceptable. Neither DOS nor USCIS will deny on that basis.

This might be a moot issue since there is currently no joint sponsor available.

Extend the NOA2 date by email and wait for your fiance(e) to obtain a new position.

Good luck.

[Gary and Alla 3,694]

Hi all,

Up until recently everything seemed to be going well with the K1 visa application myself and my fiance had filed. The I-129F was accepted and I had gathered all the forms and certificates and so on in order to get the interview at the embassy sorted. I've even been to London and had the medical and that all went through fine. Unfortunately, just before I was about to get in touch for the interview my fiance lost her job due to department cutbacks. This rendered the I-134 income form obsolete so we put everything on hold while she tries to get another job.

The main problem with this is that the I-129F acceptance has an expiration date of the 17th of June on it. Even if she was to get a job tomorrow (wishful thinking) there isn't enough time before then to get a new I-134, employer letter and 3 payslips sent over so I'm not going to have everything in time for then. So, the advice I'm looking for: should I arrange an interview and go down with what I have (basically everything other than the I-134, payslips and employer letter. I have her last two tax returns) and hope they don't just rip it all up for not being complete or should I ask if we can get more time?

Any help would be appreciated, we're starting to get a bit worried. Thanks!

Co-sponsor?

[Boiler 43,438]

The last number I saw mentioned about self sponsorship was c GBP4,000, I do not know the current number.

Ask the Consulate.

[Audy_Rob 26]

Co-sponsor?

Already mentioned in this thread and the OP stated they were not able to obtain a joinr sponsor.

[Audy_Rob 26]

The last number I saw mentioned about self sponsorship was c GBP4,000, I do not know the current number.

Ask the Consulate.

GBP 4,000 is currently about $6,000 which is approximately nothing in terms of self-sponsoring which is essentially having the alien beneficiary meet the I-134 requirements without relying on work in the US.

I would think for a household of two - no other dependents, a pure cash amount of US $91,060 is the correct (safe maybe not correct) number. 5 x 18,212.

[Boiler 43,438]

GBP 4,000 is currently about $6,000 which is approximately nothing in terms of self-sponsoring which is essentially having the alien beneficiary meet the I-134 requirements without relying on work in the US.

I would think for a household of two - no other dependents, a pure cash amount of US $91,060 is the correct (safe maybe not correct) number. 5 x 18,212.

Why would you think that? Pray share the source of your expertise.