Canadian Spouse Currently Unemployed

[__caitlin 2]

Hi all,

I'm a US citizen, and am currently trying to file for my Canadian spouse to come to America via the CR-1 process. I'm currently trying to assemble the I-130 package.

My spouse recently had troubles with his work and is currently unemployed -- but I want to send out the I-130 package quickly, and am not sure it'd be a good idea to wait until he finds a new job.

The thing is that on the G-325A, the biographical form, they ask for employment information. Is the fact that my spouse is unemployed at the time of the I-130 package going to be a detriment? What about if he were still unemployed at the time of the interview, etc.? Will this work against us?

Any and all advice is appreciated!

[Ning 619]

Hi all,

I'm a US citizen, and am currently trying to file for my Canadian spouse to come to America via the CR-1 process. I'm currently trying to assemble the I-130 package.

My spouse recently had troubles with his work and is currently unemployed -- but I want to send out the I-130 package quickly, and am not sure it'd be a good idea to wait until he finds a new job.

The thing is that on the G-325A, the biographical form, they ask for employment information. Is the fact that my spouse is unemployed at the time of the I-130 package going to be a detriment? What about if he were still unemployed at the time of the interview, etc.? Will this work against us?

Any and all advice is appreciated!

His employment isn't nearly as important as yours so I suggest you file the petition.

[NikLR 13,234]

HIs employment doesn't change anything in regards to the CR1 process. The only trouble he might have is if he tries to visit the USA. The trying to visit a spouse while unemployed raises the chance of being denied entry. Being denied entry, however, doesn't affect the visa process as long as he never lied to the CBP about his intentions. (ie: don't say "going to visit friends" when he's really visiting his spouse.)

[The Mean Lady 604]

It's asking for his work history so they can do a proper background check on him.

Check and see if he's lying about anything.

The fact that he's unemployed is of no importance.

[Cecileem12 3]

His employment situation does not matter at all in the cr1 process...it goes by your situation and/or the joint sponsors financial info

[__caitlin 2]

It's asking for his work history so they can do a proper background check on him.

Check and see if he's lying about anything.

The fact that he's unemployed is of no importance.

Thank you everyone. So I have another question.

Should off-the-books jobs not be listed then? He works in construction, and in the past has had a couple temporary gigs that were not "official," I guess -- they were paid in cash. I'm guessing we should leave these off, then, because it would be a problem with US immigration?

Edited July 2, 2013 by __caitlin

[__caitlin 2]

Addendum: I just read these two posts from this thread:

Since it is the foreigner who worked under the table, the income is not an issue. The G325a is biographical. No worries, because no employment or income verification is done on the foreigner.

and

No The US is not going to pursue her for taxes owed to a foreign country. They could not possibly care less.

Enter the information as has been described.

Is this true? So I should just go ahead and list my husband's off-the-books jobs as usual?

Edited July 2, 2013 by __caitlin

[NikLR 13,234]

I don't generally list anything that isn't official employment.

[VanessaTony 3,567]

Agreed. I wouldn't list anything that isn't official unless you want to group it as "freelance" or something. It would be weird otherwise.

[__caitlin 2]

So I take it the above posts I quoted are not accurate? But what about people who work jobs that have a high rate of off-the-books employment? Like the restaurant industry, or my friend works as a nanny -- and that's all off-the-books.

If I just put "unemployed" instead of listing the off-the-books gigs (a couple which range from 2 months to 5 months), is it going to pose a problem to explain those gaps?

Caveat: I know that it's illegal and that this is a problem...but it's also a problem that I know many people have, especially people in the industries I mentioned. What is the best way for us to approach this and fill out our G325A?

Edited July 3, 2013 by __caitlin

[The Mean Lady 604]

The restaurant industry is not supposed to be "off the books"

Nanny, that's an official job.

You should actually be reporting that income to the IRS and paying taxes.

[NikLR 13,234]

In Canada all construction jobs should be on the books. It's a liability and insurance thing. What if you're hurt?! Same with restaurants.

You can't claim EI if you don't work. You can't claim worker's compensation if you're hurt on the job. I wouldn't work for a boss that wants to scrimp like that. I can understand a day or maybe two, if you're helping out a buddy.

Either way, eventually they do background checks on the beneficiary, they just don't do it with the G-325a. That's is what the visa application is for. Don't list anything on the G-325a that you wouldn't list on the DS-230. Granted he's in Canada so that's the DS-260 which lately is only asking for most recent employment but they like to switch it up occasionally and change it without notice.

[The Mean Lady 604]

In Canada all construction jobs should be on the books. It's a liability and insurance thing. What if you're hurt?! Same with restaurants.

You can't claim EI if you don't work. You can't claim worker's compensation if you're hurt on the job. I wouldn't work for a boss that wants to scrimp like that. I can understand a day or maybe two, if you're helping out a buddy.

Either way, eventually they do background checks on the beneficiary, they just don't do it with the G-325a. That's is what the visa application is for. Don't list anything on the G-325a that you wouldn't list on the DS-230. Granted he's in Canada so that's the DS-260 which lately is only asking for most recent employment but they like to switch it up occasionally and change it without notice.

I disagree with this.

I realize they do it more extensively at NVC, but local office forwards with interviews in the past have shown to be due to overstays and removal proceedings on the beneficiary's end.

They can't know that if they aren't doing some kind of background check on them:

http://immigrate2us.net/forum/showthread.php?40273-I-130-Standard-Interview-Thread

[NikLR 13,234]

True enough.

[The Mean Lady 604]

PS: I know it has been said that way by other people as well so I was not simply disagreeing with you, just the statement as a whole that keeps being said.