He hasnt been paid in one month, will i need a co-sponsor

[utopia2004 2]

Ok ive just sent the I130.

He works with a newish construction firm and they didnt get paid for one job so my husband hasnt been paid in one month! but is supposed to be getting paid by next Friday.

He earns $12 an hour, which i worked out would be $23,000 for the year- which is above the poverty line of $18,300. But he hasn't been paid for one month, and probably wont get that money until his company sues the contractor who owes them (no idea even if hell get the money), hes owed like 2500.

How will this effect our application? will we need a co-sponsor? as im not sure we can get one.

Hes looking for another job, if he doesnt start getting paid by next Friday hes gonna leave. But on the G235a form it wont have his new employment on it (as we just sent it off). Would we need to notify them of this change?

Thanks

[EAbbas 213]

Ok ive just sent the I130.

He works with a newish construction firm and they didnt get paid for one job so my husband hasnt been paid in one month! but is supposed to be getting paid by next Friday.

He earns $12 an hour, which i worked out would be $23,000 for the year- which is above the poverty line of $18,300. But he hasn't been paid for one month, and probably wont get that money until his company sues the contractor who owes them (no idea even if hell get the money), hes owed like 2500.

How will this effect our application? will we need a co-sponsor? as im not sure we can get one.

Hes looking for another job, if he doesnt start getting paid by next Friday hes gonna leave. But on the G235a form it wont have his new employment on it (as we just sent it off). Would we need to notify them of this change?

Thanks

I sent my i 130 with a job I had but when it came time to do the NVC level @ 4 months after i sent the i 130 I had a different job paying more so I used that job with job letter and paystubs to show income etc...I still had the w'2 and tax return from the previous job but NVC accepted it easily and closed the case with no RFE for co sponsor... I think you still have time to get a better job that pays consistently etc prior to approval and NVC level where you have to send the AOS package in...hope that helps...good luck!

Edited May 7, 2011 by EAbbas

[utopia2004 2]

Thankyou for your reply.

If he ends up staying with this job but doesnt get the money from this month that he hasnt been paid will it matter? For instance, we are just above the fresh hold (23,000 for the year) but if they deduct this months lost wages from his yearly earnings- then we are very borderline and they may presume that he wont earn enough.

Or is it enough to provide them with an employment letter and pay stubs to show this is what he usually earns? (and the lost wages for this month was a one off.

[Saylin 1,605]

Ok ive just sent the I130.

He works with a newish construction firm and they didnt get paid for one job so my husband hasnt been paid in one month! but is supposed to be getting paid by next Friday.

He earns $12 an hour, which i worked out would be $23,000 for the year- which is above the poverty line of $18,300. But he hasn't been paid for one month, and probably wont get that money until his company sues the contractor who owes them (no idea even if hell get the money), hes owed like 2500.

How will this effect our application? will we need a co-sponsor? as im not sure we can get one.

Hes looking for another job, if he doesnt start getting paid by next Friday hes gonna leave. But on the G235a form it wont have his new employment on it (as we just sent it off). Would we need to notify them of this change?

Thanks

You don't need to notify USCIS of his new employment. Just when you get to NVC, you're going to need to put that as his present employment.

And the fact that he didn't get paid at his old job won't affect your application at all. USCIS and NVC won't know anything about it. The only thing NVC cares about when it comes to the AOS package is if the petitioner is currently making enough money to support the immigrant and any dependents if he has any. So as long as your husband finds a job within the next 5 months and is making over the poverty line, then you'll be fine at NVC and won't need a co-sponsor.

Thankyou for your reply.

If he ends up staying with this job but doesnt get the money from this month that he hasnt been paid will it matter? For instance, we are just above the fresh hold (23,000 for the year) but if they deduct this months lost wages from his yearly earnings- then we are very borderline and they may presume that he wont earn enough.

Or is it enough to provide them with an employment letter and pay stubs to show this is what he usually earns? (and the lost wages for this month was a one off.

If you don't tell NVC that he didn't get paid, they won't know. Just send in an employment letter and a few month's worth of recent pay stubs once you get to NVC and they'll see that he's consistently being paid so-and-so per month.

[JoannaV 174]

If his tax return from last year shows an income above the threshold then that will help too.