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stephansson

I-184 To File or Wait To File?

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Hello Everyone,

My husband is the petitioner and I am the beneficiary.

He is currently unemployed (a previous contract ended), however, he is also at the start of the interview process for a new full-time permanent job. The interview process at this company can take up to four weeks.

He made more than enough money in the last three tax years (about $62,000 a year) to meet the minimum income requirement. If he remains unemployed in 2015, his earnings this year will be $23,955 (this includes his contract earnings and the unemployment income he is entitled to).

Our I-130 petition is approved and at the NVC. I have all of the supporting documents, I-184 and financial evidence gathered and ready to submit to them.

Should I submit our documents now? Or should I wait to see if he is successful at securing this new job?

If I file now and the I-184 is not approved, do we have the opportunity to resubmit our package? Or would our case be closed?

Edited by stephansson

First Met: August 18/07

Married: August 24/14

I-130 Delivered to Phoenix Lockbox: August 27/14

NOA1: August 29/14 from TSC

NOA2: February 04/15 from TSC

Petition Mailed to NVC: February 11/15

NVC Case Number Assigned: February 27/15

Instructions received from NVC: March 12//15

AOS Fee Paid: March 12/15

Documents Submitted to NVC: April 09/15

Scan Date: April 09/15

IV Application Fee Paid: April 17/15

Sent IV Application Package: April 20/15

Received Interview Appointment Letter: May 07/15

Interview Date: June 26/16

Result: Administrative Processing :(

Missing Documents Delivered by Loomis: July 03/15

Status Update: July 14/15

Status Update: July 17/15 (consulate officially received my documents, I could be in AP eight weeks from this date)

I Emailed the Montreal Consulate: July 23/15

Status Update: July 23/15 (likely due to the email I sent)

Status Update: August 05/15 Visa Issued!

Entered the US: August 19/15

Permanent Resident Card Received: September 23/15

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My understanding is that, if your husband is unemployed at the time of submitting the Affidavit of Support, they would more than likely come back to you asking you to submit a joint/co-sponsor because it doesn't matter what previous income was as the current income would be 0. Now between submitting the documents and receiving this check list - say your husband gets a job - then you could resubmit the application with a new employment letter to prove income. But as far as I know, if your unemployed, you need to put '0' under current income. Anyone else feel free to chime in and add.


F2A JOURNEY STATUS

COMPLETE

USCIS

Vermont Service Center

01/17/14 : NOA1 (Priority Date)

03/24/15 : NOA-T (Electronic Transfer notice to California Service Center)

03/28/15 : NOA-T (Hard Copy of Transfer notice received in mail)

03/30/15 : NOA2 ( I-130 Approved) Electronic confirmation

04/03/15 : NOA2 Hard Copy received in mail

NVC

http://www.visajourn...php/NVC_Process

04/16/15 : NVC Received Case (Phone call with CSR confirmed)

04/24/15 : Case number and IIN assigned (Phone Call)

04/27/15 : NVC Welcome Letter received via Email

04/27/15 : DS-261 Waived and AOS & IV bill invoiced

04/28/15 : AOS & IV bill paid (Status: IN PROCESS)

04/29/15 : AOS & IV bill paid (Status: PAID)

04/29/15 : DS-260 Available online

04/30/15 : DS-260 Completed

05/08/15 : AOS and IV Package mailed to NVC

05/26/15 : NVC Scan Date (CSR confirmed)

06/17/15 : Case Complete

07/29/15 : Interview Date Received Sep 2nd! (CSR confirmed) :dancing:

07/30/15 : Interview Letter email received (P4)

07/31/15 : NVC shipped out case to London Embassy

Embassy

07/30/15 : Medical Completed

08/01/15 : CEAC status "In Transit"

08/03/15 : Package received at London Embassy

08/05/15 : CEAC status "Ready"

09/02/15 : Interview

09/02/15 : Interview Result: APPROVED!!

09/03/15 : CEAC status changed to "Administrative Processing"

09/04/15 : CEAC status changed to "Issued " :dancing:

09/10/15 : Visa in hand!!

09/11/15 : POE

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Thanks for the feedback. As I noted he does have an income for 2015 which is above the poverty guidelines.

He had a salary from his previous contract and he is entitled to unemployment income, making his total income for this year $23,955.

I have done a bit of research (mostly on this forum) in regards to what counts as income, and the consensus is that unemployment income does count.

My main concern is whether or not his past employment history is enough for the NVC to disregard his current unemployment and conclude that he is someone who will once again be gainfully employed.

Has anyone else experienced this?


First Met: August 18/07

Married: August 24/14

I-130 Delivered to Phoenix Lockbox: August 27/14

NOA1: August 29/14 from TSC

NOA2: February 04/15 from TSC

Petition Mailed to NVC: February 11/15

NVC Case Number Assigned: February 27/15

Instructions received from NVC: March 12//15

AOS Fee Paid: March 12/15

Documents Submitted to NVC: April 09/15

Scan Date: April 09/15

IV Application Fee Paid: April 17/15

Sent IV Application Package: April 20/15

Received Interview Appointment Letter: May 07/15

Interview Date: June 26/16

Result: Administrative Processing :(

Missing Documents Delivered by Loomis: July 03/15

Status Update: July 14/15

Status Update: July 17/15 (consulate officially received my documents, I could be in AP eight weeks from this date)

I Emailed the Montreal Consulate: July 23/15

Status Update: July 23/15 (likely due to the email I sent)

Status Update: August 05/15 Visa Issued!

Entered the US: August 19/15

Permanent Resident Card Received: September 23/15

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Thanks for the feedback. As I noted he does have an income for 2015 which is above the poverty guidelines.

He had a salary from his previous contract and he is entitled to unemployment income, making his total income for this year $23,955.

I have done a bit of research (mostly on this forum) in regards to what counts as income, and the consensus is that unemployment income does count.

My main concern is whether or not his past employment history is enough for the NVC to disregard his current unemployment and conclude that he is someone who will once again be gainfully employed.

Has anyone else experienced this?

I'm actually possibly going to be in a similar predicament. My father is sick and I will have to quit my job to go and take care of him for the next couple of months. And I'm at that stage where the NVC will be receiving my application any moment and requesting for the AOS documents. I'm planning on using a joint sponsor but don't really want to. Right now I more than comfortably make up the minimum required income plus my last 3 years with tax returns are strong. Would you mind telling me how long it took for your husband to get his unemployment benefits?

Feel free to PM me.


F2A JOURNEY STATUS

COMPLETE

USCIS

Vermont Service Center

01/17/14 : NOA1 (Priority Date)

03/24/15 : NOA-T (Electronic Transfer notice to California Service Center)

03/28/15 : NOA-T (Hard Copy of Transfer notice received in mail)

03/30/15 : NOA2 ( I-130 Approved) Electronic confirmation

04/03/15 : NOA2 Hard Copy received in mail

NVC

http://www.visajourn...php/NVC_Process

04/16/15 : NVC Received Case (Phone call with CSR confirmed)

04/24/15 : Case number and IIN assigned (Phone Call)

04/27/15 : NVC Welcome Letter received via Email

04/27/15 : DS-261 Waived and AOS & IV bill invoiced

04/28/15 : AOS & IV bill paid (Status: IN PROCESS)

04/29/15 : AOS & IV bill paid (Status: PAID)

04/29/15 : DS-260 Available online

04/30/15 : DS-260 Completed

05/08/15 : AOS and IV Package mailed to NVC

05/26/15 : NVC Scan Date (CSR confirmed)

06/17/15 : Case Complete

07/29/15 : Interview Date Received Sep 2nd! (CSR confirmed) :dancing:

07/30/15 : Interview Letter email received (P4)

07/31/15 : NVC shipped out case to London Embassy

Embassy

07/30/15 : Medical Completed

08/01/15 : CEAC status "In Transit"

08/03/15 : Package received at London Embassy

08/05/15 : CEAC status "Ready"

09/02/15 : Interview

09/02/15 : Interview Result: APPROVED!!

09/03/15 : CEAC status changed to "Administrative Processing"

09/04/15 : CEAC status changed to "Issued " :dancing:

09/10/15 : Visa in hand!!

09/11/15 : POE

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Update: I called the NVC tonight and I learned something new. The NVC simply reviews the package you send in for completeness and to make sure that all the forms are filled out correctly. They do not pass any sort of judgement on your case - that is where the embassy comes in.

Therefore, by the time I have an interview scheduled my husband should have secured his new position and I can bring that evidence with me to my interview.

For anyone who may be interested in how that turns out - I will let you know!


First Met: August 18/07

Married: August 24/14

I-130 Delivered to Phoenix Lockbox: August 27/14

NOA1: August 29/14 from TSC

NOA2: February 04/15 from TSC

Petition Mailed to NVC: February 11/15

NVC Case Number Assigned: February 27/15

Instructions received from NVC: March 12//15

AOS Fee Paid: March 12/15

Documents Submitted to NVC: April 09/15

Scan Date: April 09/15

IV Application Fee Paid: April 17/15

Sent IV Application Package: April 20/15

Received Interview Appointment Letter: May 07/15

Interview Date: June 26/16

Result: Administrative Processing :(

Missing Documents Delivered by Loomis: July 03/15

Status Update: July 14/15

Status Update: July 17/15 (consulate officially received my documents, I could be in AP eight weeks from this date)

I Emailed the Montreal Consulate: July 23/15

Status Update: July 23/15 (likely due to the email I sent)

Status Update: August 05/15 Visa Issued!

Entered the US: August 19/15

Permanent Resident Card Received: September 23/15

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Anyone at or near an income threshold can either expect a checklist from NVC, or a potential wait on visa at an embassy for an updated I864. There are always exceptions.. but for anyone in that category, safer to line up a joint sponsor.


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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