importance of unemployment

[Jonathan and Tina 4]

Hi folks,

I have kind of a two pronged question. My fiancee is currently filling out the employment history part of the G-325a form. Two years ago she had a period of being unemployed for two and a half years due to personal issues. So my questions are:

1. Is this likely to be an issue at all? Will it be an issue for the i-864 or I-129? Are the USCIS even going to ask about it or do they not care (as she has had a stable job above the poverty 125% level for the past two years)?

2. If they do care, is there any circumstance under which they might seek to talk with her now ex-husband who she was with for the said period of unemployment? We have reason to believe he might try to maliciously undermine the visa process if he was approached, and are quite concerned about this possibility. Do USCIS ever go to such lengths?

Thank you for whatever help you can provide.

[StephanieC 43]

Hello.

You said two years ago she was unemployed for two and a half years. That's not clear to me, so I will answer your question FAQ based.

Why they have you fill out the employment section of form G-325a it is for personal reference of who you are much like a background check. For i-864, they want current information within the last six months to year which proves you nor your fiancee will become a burden on the government should you be approved. So what happened two years ago is irrelevant. They will want proof of income (pay stubs for last 6 months I recommend) and last years tax return if available, and current employment.

I don't know of any instance where the USCIS ever contacted ex spouses as this processes is not about them save for she must prove they are no longer married via divorce decree.

[CowBoE 429]

As long as she is employed now and earns over the required limit, it should be OK.

Also, we can't predict with 100% certainty on what USCIS will ask or do,

but I think the chance of them hassling her on unemployment period

or trying to contact her ex is pretty low probability.

That said, I've seen people (only some...not everyone) receiving RFE for not providing 3 years of tax records

during GC processing even after they had explained that they didn't file because they had no income.

I don't know what the outcome was for these folks.

Though I'm not 100% sure...some mentioned that you can still file tax to declare that you had

zero or under the tax filing limit...just to leave records with IRS...

[Jonathan and Tina 4]

Ok. Thanks both. To clarify things for you or anyone else who can chime in: my fiancee's employment history for the last five years is pretty much 2.5 years of unemployment followed by 2.5 years of employment up to the present, or at least it will be by the time we file for AOS. So she'll have three years of tax returns, but one will have under the poverty level because she only earned for almost half of that year.

Actually, an extra question: is it likely to get a request for 3 years tax returns with the i-129F? Or do you generally only need 3 years for the AOS?

Thanks again, we appreciate the help.

[dwheels76 5,461]

Hi folks,

I have kind of a two pronged question. My fiancee is currently filling out the employment history part of the G-325a form. Two years ago she had a period of being unemployed for two and a half years due to personal issues. So my questions are:

1. Is this likely to be an issue at all? Will it be an issue for the i-864 or I-129? Are the USCIS even going to ask about it or do they not care (as she has had a stable job above the poverty 125% level for the past two years)?

2. If they do care, is there any circumstance under which they might seek to talk with her now ex-husband who she was with for the said period of unemployment? We have reason to believe he might try to maliciously undermine the visa process if he was approached, and are quite concerned about this possibility. Do USCIS ever go to such lengths?

Thank you for whatever help you can provide.

Don't know your embassy but most look at current salary and previous year. They want to see a good job history. Doesn't mean there will be issues but if 2014, 2013 and 2012 is shaky then yes there can be problems. All depends on your embassy. You might be asked to get a co-sponsor. It's the CO's call.

[Jonathan and Tina 4]

Don't know your embassy but most look at current salary and previous year. They want to see a good job history. Doesn't mean there will be issues but if 2014, 2013 and 2012 is shaky then yes there can be problems. All depends on your embassy. You might be asked to get a co-sponsor. It's the CO's call.

Ok, thanks. My embassy will be London, and her past two years of employment are fine. Same job, salary over the threshold.

[dwheels76 5,461]

Ok, thanks. My embassy will be London, and her past two years of employment are fine. Same job, salary over the threshold.

Sorry my bad missed that she has been employed last 2 years. And it's London no issues you should have.

[Jonathan and Tina 4]

Sorry my bad missed that she has been employed last 2 years. And it's London no issues you should have.

Oh really? London is pretty chilled out?

[dwheels76 5,461]

Oh really? London is pretty chilled out?

Very much so.