Petitioner's employment contract ended. Will this cause problems?

[Kumi and Drake 14]

Hi! So during the course of our visa application before our NOA2, my fiance had one job after another and the recent one's contract ended just this May since it was a seasonal job. Will this affect our petition at all? We just got our NOA2 this May 8 and I have yet to verify with him if he was able to get his parents as co-sponsor. He's still waiting on the result from a job interview, and is still applying at some. If for some reason he can't find a job before he interview, will that cause problems for us?

[jhewell 1]

I've been thinking about that too since I've been transferring from job to job and I do hope when I will get my NOA 2 ill have something to show... yes its a problem when you dont have any recent pay stub to show... the best you can do is have the recents paystub on hand and have the documents for the co-sponsor... I guess when you have a co-sponsor whose income is good , will cover up for every problem with regards to the affidavit of support...

[Kumi and Drake 14]

I've been reading posts here and on other sites saying co-sponsoring isn't allowed in Manila. I hope the recent jobs will be enough for them for now till he, and you too, get a job in a month or so. I'm pretty sure he was able to keep his recent pay stubs though.

[jhewell 1]

yap, I've heard that too about co-sponsor not allowed in manila, although i knew a person personally who had use a co-sponsor for a fiance visa... the way I see it its better to have a co-sponsor just in case????

[Kumi and Drake 14]

Yeah, it seems better to have one just in case. It's something I will discuss with my fiance later when he wakes up.

[Penguin_ie 5,986]

He needs a current and ongoing job (ie not a short term contract). If the parents co-sponsor, that is sometimes allowed in Manila, especially if the petitioner has good job prospects (recent graduate or similar), but don;t count on it.

[Kumi and Drake 14]

Thanks Penguin! We're hoping he hears from his job interview soon.

[Tahoma 2,291]

There's likely to be a problem at the interview if the beneficiary doesn't submit the petitioner's current paycheck stubs. Current paycheck stubs demonstrate to the consular officer the petitioner's adequate current sustained income. Current sustained income is one the best ways to show the consular officer that the beneficiary won't become a public charge in the U.S. Also, submitting proof of liquid assets at a 3:1 ratio can offset the shortfall of income.

The U.S. Embassy Manila (USEM) accepts joint sponsors for K-1ers on a case-by-case basis. I would estimate that they accept joint sponsors, at best, 50% of the time. I've noticed that the USEM seems more likely to accept joint sponsors from young, educated Pinoys where the joint sponsor is a close family member.

If the USEM won't accept the joint sponsor and won't approve the visa without the petitioner meeting the income guidelines, they will issue the beneficiary a 221g which gives the petitioner one year to comply with the income requirements.

On the other hand, you could choose to delay the interview until the petitioner had a steady job and had current paycheck stubs which would show that the petitioner's income, when calculated on an annualized basis, would meet the income guidelines. Keep in mind that the USCIS-approved petition is valid for four months. The petition can be extended for another four months by requesting it from the USEM. I believe the USEM can extend the petition twice more. That would give the petitioner time to find a steady job and gather a few current paycheck stubs before the interview.

When joint sponsors and income are an issue, I recommend that the petitioner attend the interview.

[Kumi and Drake 14]

Thanks Tahoma. We'll keep those info handy.