My fiancé was laid off 3 months after NOA1

[riss 12]

oops. i think i need to rewrite this, i'll be back!

Edited May 23, 2012 by riss

[riss 12]

Ok, here's my second try, lol! Hi everyone! And I hope you're all doing well with your respective journeys.

I'm writing in the hopes that someone can advise me on what to do next. My fiancé and I received our NOA1 three months ago and I've been back in Australia starting to feel hopeful about the way the months are steadily passing. But then last week my fiance lost his job. What do we do now? I hope he'll have another job soon, but should we wait until he does before notifying the department of immigration? Would we run into trouble if they contact his old workplace to confirm the information on our original application forms, and find he's no longer there?

I'm also wondering, if he doesn't find a job soon, is it possible for me to have someone else be a co-sponsor to allow us to satisfy the visa application requirements?

My other question is about the income/asset requirements in general. My fiance doesn't have much in the way of savings, but his job was paying pretty well so I figured that would surely be enough to prove that he could support me. Now if he gets another job but it doesn't pay as well, I'm wondering what we would need to do to show that we had adequate financial resources between us. I haven't worked for many years and don't have an income. I'm confused because I had the general impression from the forms that the main condition you need to fulfill is an income of equal to or more than 125% of the poverty level. But does that automatically satisfy the financial requirements? Why does the I-134 also want to know how much money my fiance has in the bank, the value of his home and assets and so on? What is actually needed to indicate an 'adequate' financial situation?

I'd be very grateful for any advice.

Riss

Edited May 23, 2012 by riss

[Caryh 5,206]

Yes he can use a co-sponsor. It won't hurt to get one lined up ahead of time in case the need comes up. The income level isn't really going to be checked until you're at the embassy interview at this point. That is the time he's going to want a fresh letter of employment and tax transcripts. Your income will not matter, since it is assumed you can't keep that job when you leave your country. The assets part is asked because assets can be used to overcome a lack in income. I'm not sure what you mean by paying pretty well, what is good for one person another couldn't survive on. The CO has a lot of discretion on who qualifies to support on a K-1. He should have unemployment if he was laid off, and hopefully can show evidence of good work history with qualifying income. There is no flexibility when it comes to the AOS after you get married in the USA. By then he is going to need a qualifying income. Hopefully his taxable income for 2012 is still going to maintain the 125% poverty level even if he spends a short time on unemployment.

There is no need to notify USCIS of his change in job status. The information was current at the time of filing and that is all that matters in getting to the NOA2. Your next hurdle is the interview, where you will need everything lined up. Hopefully he will have a job paying a qualifying amount by then. In case he doesn't, have the co-sponsor lined up. Also you two should be planning to apply for the AOS, EAD and AP as soon as possible upon your marriage in the USA. That means setting aside the money for that hefty AOS fee. If income is still a problem then, you're going to need that co-sponsor again, so let any co-sponsor know this is a two step process.

[riss 12]

Thank you Cary, that makes it sound less daunting!

I hope you don't mind me asking you a couple more questions... I'm a bit confused about L's income not being checked until the interview stage. Don't we need to supply that information in the I-134? And doesn't that need to get sent in to the embassy to process before they'll schedule an interview for me?

L's income was more than double the poverty level, which was why I assumed we would be fine on that matter. I guess I'm wondering, what if he gets a new job and it is only 125% of the poverty level, would his lack of savings and so forth put us in any danger of not being able to show enough financial resources? I ask this also because I have some physical disabilities that have made it difficult for me to work over the last ten years. In a post I made about this some months ago here, various people advised me that my health wouldn't prevent me obtaining a visa, but there might need to be extra proof of my fiancé's ability to support me if it was deemed that I could not work. The issue may or may not come up in my medical checkup as I have never had any clear diagnosis for my problems, just chronic pain that nobody ever was able to fix or explain. If I'm not in the middle of an obvious flare-up at the medical checkup then it probably won't be considered much of an issue as there's only vague records in my medical history and I've never been medicated or given any special treatment for it.

Cary do you happen to know if there's a webpage where I can find more detailed information about all these things, about using a co-sponsor and when and how to notify USCIS of that, and so on? I've seen the I-864 form but it wasn't clear to me from all the instructions that I've read, when you would include that.

Thanks again for all the information you've given me. It's all swirling around in my head! It'll come together eventually I'm sure.

Edited May 24, 2012 by riss

[Caryh 5,206]

If they decide to look closer at his income at the petition stage, he'll get an RFE and then may need to get the co-sponsor. I have heard at this stage they rely on the ITR's that were sent in. Its at the interview stage where the problem will come up if he's not working or working below 125%. No new employment letter and the new i-134. Much is going to depend on how tough your embassy is. They do not consider the income of the beneficiary at the petition or embassy interview stage because its rare someone can bring their job with them. You assets could probably be used though. You don't notify USCIS that you might need a co-sponsor at this stage. Only if they ask for more income verification before the NOA2 will you need to do so. I hope he sent ITR's and employment letter already. I did not need a co-sponsor to get my fiancee here, so I'm not sure of what is the proper form at the embassy interview. But that is where you would bring it up if they are questioning income or he's not working again yet. At the AOS stage, you'll most likely need a co-sponsor if he's not working yet. That is the I-864A form for the co-sponsor. Something in the back of my mind tells me its a different form during the interview. The best place to find information is here. There are lots of people here who needed a co-sponsor the petition, embassy and AOS stages. Set your timeline to. It will help people understand where you are in the process when you ask more questions, and help those that come after you.

[riss 12]

Hey Cary, thanks again for your reply. I really appreciate how much depth you go into!

I don't think L ever sent any employment letter or ITRs. Funny... We just filled in all the forms that we were supposed to for Packet 1, and I don't remember being asked for more evidence of his employment. I think the i-129f form asked for all the places he'd lived and his employment history for the past 10 years, so he filled that all in. That's about all the info we provided regarding his work.

Maybe what I should do is post again and ask for advice on co-sponsorship next time. Anyway, thanks a heap Cary, I feel like you've given me a good swag of info to get started with. I will update my timeline, too. For some reason they never sent us the emailed NOA1, L just received the letter in the post. So I have to nag him again to find that letter - he can't remember where he put it! - and give me the dates and our case number!

Best wishes to you and your wife. I hope that AOS approval comes through soon!

Riss

Edited May 29, 2012 by riss