I-134 Foreign Fiancee has job offer upon EAD

[ScottMichela 0]

Hi guys,

I'm a bit worried in general about our i-134 since my income is borderline and I only have several months of work history due to a recent graduation. I'm trying to imagine the discussion over public charge in as many ways as possible- going a bit crazy in the mean time. So I wanted to ask, if the conversation were really an evaluation of the applicants as people (rather than 100% based on a guideline figure)would it be helpful to show that my fiancee has a job offer upon the approval of her EAD? She has a letter from her future employer in the US stating that the relationship will begin upon the approval of her EAD. It also lists her future salary.

I know that the i-134 is about me- and I am fully intending/prepared to sponsor her financially. But I can't help but think that if I were applying for something in the real financial world- such as a lease- that this would be very favorable information.

My question is- would it be of any use to disclose this? Or would it instead be seen as A. a secondary motive to immigrate, or B. a shirking of responsibility on my behalf.

[aaron2020 11,651]

The job offer is irrelevant since it is not current income.

Job offers are dubious possibilities since a friend can offer a job that never materializes when the immigrant gets to the US.

[Gary and Alla 3,694]

Hi guys,

I'm a bit worried in general about our i-134 since my income is borderline and I only have several months of work history due to a recent graduation. I'm trying to imagine the discussion over public charge in as many ways as possible- going a bit crazy in the mean time. So I wanted to ask, if the conversation were really an evaluation of the applicants as people (rather than 100% based on a guideline figure)would it be helpful to show that my fiancee has a job offer upon the approval of her EAD? She has a letter from her future employer in the US stating that the relationship will begin upon the approval of her EAD. It also lists her future salary.

I know that the i-134 is about me- and I am fully intending/prepared to sponsor her financially. But I can't help but think that if I were applying for something in the real financial world- such as a lease- that this would be very favorable information.

My question is- would it be of any use to disclose this? Or would it instead be seen as A. a secondary motive to immigrate, or B. a shirking of responsibility on my behalf.

Consualtes have no "carved in stone" rules regarding the financial sponsorship...unless the consulate itself makes them. They only need to be satisfied that she will not become a public charge and each consulate can do this in their own way, There is nothing that prevents the consulate from considering her future employment ability, in fact DOS field manuals specificly say the CAN consider her future income potential.

In practice, few, if any, actually do this. Bottom line...do not count on it but it would not hurt to add this information.

[ScottMichela 0]

Consualtes have no "carved in stone" rules regarding the financial sponsorship...unless the consulate itself makes them. They only need to be satisfied that she will not become a public charge and each consulate can do this in their own way, There is nothing that prevents the consulate from considering her future employment ability, in fact DOS field manuals specificly say the CAN consider her future income potential.

In practice, few, if any, actually do this. Bottom line...do not count on it but it would not hurt to add this information.

Thanks for your reply. I think you are right- and we will not be relying on it but will include it regardless. She has worked for this employer legally in Italy (he has a project which she served as translator and local consultant for), so I will go over this all again in the guidelines. I remember reading something along the lines of "if the beneficiary can prove her current income will continue from the same source upon immigrating"...

I was never really banking on it as proof she wouldn't be a public charge- but my father brought up the point that it's an important fact if someone other than a visa officer asked the two of us what our plans are. Having never gone through this experience, I thought it wasn't too farfetched that a CO would ask a simple question like this- rather than sticking only to numeric guides.

[ScottMichela 0]

The job offer is irrelevant since it is not current income.

Job offers are dubious possibilities since a friend can offer a job that never materializes when the immigrant gets to the US.

would you consider this the same if it were the USC with a job offer? I am currently self employed but at the same time sending out my resume in hopes of finding a full time position to show.

[Gary and Alla 3,694]

Thanks for your reply. I think you are right- and we will not be relying on it but will include it regardless. She has worked for this employer legally in Italy (he has a project which she served as translator and local consultant for), so I will go over this all again in the guidelines. I remember reading something along the lines of "if the beneficiary can prove her current income will continue from the same source upon immigrating"...

I was never really banking on it as proof she wouldn't be a public charge- but my father brought up the point that it's an important fact if someone other than a visa officer asked the two of us what our plans are. Having never gone through this experience, I thought it wasn't too farfetched that a CO would ask a simple question like this- rather than sticking only to numeric guides.

Actually if she will continue in the same job after relocating it is far more likely they will consider it. She can even submit her own I-134. Not saying they will accept it but if it is the same employer it is more likely.

would you consider this the same if it were the USC with a job offer? I am currently self employed but at the same time sending out my resume in hopes of finding a full time position to show.

Yes, generally prospective employment for anyone is not counted. To be precise I mention that it CAN be taken into consideration but normally is not. They go by CURRENT annual income.

[ScottMichela 0]

Yes, generally prospective employment for anyone is not counted. To be precise I mention that it CAN be taken into consideration but normally is not. They go by CURRENT annual income.

Haha, yes, this is my personal tragedy. Lost my full time employment unexpectedly on the same day we got our NVC letter. This self employment is really just a transition- but I'm scrambling to present it as stable as possible with client letters and the like.

Edited February 19, 2013 by ScottMichela

[Gary and Alla 3,694]

Haha, yes, this is my personal tragedy. Lost my full time employment unexpectedly on the same day we got our NVC letter. This self employment is really just a transition- but I'm scrambling present it as stable as possible with client letters and the like.

Self employment is feasible if the income is documented. Seems like you are working on that. Since the self employment is fairly recent then I would attach 3 years tax returns in addition to show some income history.

Edited February 19, 2013 by Gary and Alla

[ScottMichela 0]

Self employment is feasible if the income is documented. Seems like you are working on that. Since the self employment is fairly recent then I would attach 3 years tax returns in addition to show some income history.

Mmm yes, I'm trying to prepare for that as well. I graduated in May 2012, so my tax returns are low. I've filed my 1040 for 2012 already and could put down 22k from my old W-2. Before that, however, my only income was summer pay adding up to about 6k per year. In case they don't go easier on recent students, I have included proof of assets to make up the shortcomings of 2011 & 2010 income. Hopefully these assets (all liquid, close to 3x the 125% guidelines) will help ease the doubts of my shorter work history. In any case I have my sister as a co-sponsor (no other dependents, very comfortably above 125%), but have been thrown into a frenzy after reading about 4 recent public charge denials at the Naples Consulate. Thanks, Gary & Alla, for your attentive answers and experience.