Hypothetical I-864 Situation

[Curious george 0]

In this hypothetical situation, we have a petitioner/sponsor with a good income and well-paying, stable job as reflected by the adjusted gross income in his past 3 tax returns. At the time of filing, he included all tax returns, pay stubs, and a letter from his employer confirming his salary, position and length of employment. All information was accurate, truthful and correct at the time of signing and filing the I-864 contract. However, due to circumstances beyond his control, he was laid off a month later. He hopes to have another job within the next 6 months, however has been claiming unemployment insurance in the meantime. In this scenario, a co-sponsor is completely out of the question.

As no RFE's had been sent prior to interview (accompanying I-864 documentation is only 2 months old), I'm thinking that in this hypothetical scenario it would be advisable that unless specifically asked at interview to confirm his employment with XYZ company, the sponsor should simply keep quiet concerning his unfortunate situation.

What does everyone else think?

Edited November 1, 2011 by Curious george

[Rebecca Jo 1,962]

Pray you get approved without an interview?

If interviewed you may be asked if the financial situation in the household has changed. If so you'll have to answer honestly. If the rest of the case is "approvable" you'll be sent away to come back with another I-864 within a stated window of time.

[VanessaTony 3,567]

In this hypothetical situation, we have a petitioner/sponsor with a good income and well-paying, stable job as reflected by the adjusted gross income in his past 3 tax returns. At the time of filing, he included all tax returns, pay stubs, and a letter from his employer confirming his salary, position and length of employment. All information was accurate, truthful and correct at the time of signing and filing the I-864 contract. However, due to circumstances beyond his control, he was laid off a month later. He hopes to have another job within the next 6 months, however has been claiming unemployment insurance in the meantime. In this scenario, a co-sponsor is completely out of the question.

As no RFE's had been sent prior to interview (accompanying I-864 documentation is only 2 months old), I'm thinking that in this hypothetical scenario it would be advisable that unless specifically asked at interview to confirm his employment with XYZ company, the sponsor should simply keep quiet concerning his unfortunate situation.

What does everyone else think?

In the interview I believe you're asked something along the lines of whether everything you have submitted is true and correct (so by answering yes you're stating as of the interview). Even if you aren't asked, lying by omission is still lying. I personally wouldn't risk them finding out.

I would admit the job loss but hope that he finds a job between now and then (or that his unemployment is sufficient income). Best case scenario you're approved without interview. hope for that but continue looking for ANY job that's above the threshold.

Edited November 1, 2011 by Vanessa&Tony

[Anh map 2,098]

In this hypothetical situation, we have a petitioner/sponsor with a good income and well-paying, stable job as reflected by the adjusted gross income in his past 3 tax returns. At the time of filing, he included all tax returns, pay stubs, and a letter from his employer confirming his salary, position and length of employment. All information was accurate, truthful and correct at the time of signing and filing the I-864 contract. However, due to circumstances beyond his control, he was laid off a month later. He hopes to have another job within the next 6 months, however has been claiming unemployment insurance in the meantime. In this scenario, a co-sponsor is completely out of the question.

As no RFE's had been sent prior to interview (accompanying I-864 documentation is only 2 months old), I'm thinking that in this hypothetical scenario it would be advisable that unless specifically asked at interview to confirm his employment with XYZ company, the sponsor should simply keep quiet concerning his unfortunate situation.

What does everyone else think?

A material misrepresentation (the hypothetical lie would qualify) can result in a lifetime ban. Choose your level of truthfulness carefully.

[JimVaPhuong 4,863]

An affidavit of support must be sufficient both at the time the application to adjust status is submitted, as well as the time when the application to adjust status is adjudicated. However, USCIS will usually presume that an affidavit that was sufficient when the application was submitted is still sufficient when the application is adjudicated unless a year or more has passed since the application was submitted.

As others have said, you cannot lie to them. If you are selected for an interview and they ask if you're still employed (which is likely) then you must tell them the truth. If you can prove that your anticipated income for the year you signed the form will still be sufficient to qualify (you can include your unemployment compensation) then they can still conclude that your affidavit is sufficient.