Petitioner got fired just before interview

[germancho24 0]

Hi,

Our AOS was approved a long time ago, I received an interview appointment two months ago but since I moved to another country I had to change my embassy and now I am waiting for a new appointment in my current country of residence.

The problem is that my wife (petitioner) just got fired yesterday and I don't know what will happen now if I am called for the interview. Will I have to update the AOS and say she was fired? Off course I will not lie if they ask me what is her job, so I will have to say she was recently fired.

Also, if I say she was fired will they immediately reject my application or is there a way to hold it until she gets a new job? She is an engineer and was fired because the company decided to eliminate many positions due to the oil industry crisis. I am very positive she will get another job in less than a couple of months. I would appreciate your advice on what to expect and how to proceed.

Regards,

Germancho

[Boiler 43,388]

Co sponsor would be the safe option.

[mrskvelasco 30]

Since that is a material change, you do have to tell the CO at the interview. I would get a co-sponsor just in case your wife doesn't get a new job by the time of the interview.

[sweet01 39]

Hi,

Our AOS was approved a long time ago, I received an interview appointment two months ago but since I moved to another country I had to change my embassy and now I am waiting for a new appointment in my current country of residence.

The problem is that my wife (petitioner) just got fired yesterday and I don't know what will happen now if I am called for the interview. Will I have to update the AOS and say she was fired? Off course I will not lie if they ask me what is her job, so I will have to say she was recently fired.

Also, if I say she was fired will they immediately reject my application or is there a way to hold it until she gets a new job? She is an engineer and was fired because the company decided to eliminate many positions due to the oil industry crisis. I am very positive she will get another job in less than a couple of months. I would appreciate your advice on what to expect and how to proceed.

Regards,

Germancho

Hi,

Same thing happened to me and my husband just 2 weeks ago. Will your interview be this week? If your wife just got fired yesterday, bring all her recent 2 months paystubs , her ITR and w2s and job employment letter. The CO will definitely understand what happened since it's normal thing. try to get your wife an interview for a job for the remaining days and print that (like interview letter, job offer letter )

What happened was, when we found out my husband has end of contract 2 weeks before my interview, I immediately find him a job over indeed.com, career.com and was able to land him a job interview and offer. We gave a copy of that to the CO as well as his recent pay stubs.

You can do it. The CO will definitely understand especially it's just recent. Try to also contact at least someone who can co-sponsor you just worst case scenario so that you'll be prepared for the interview. Tell them that if your wife will not be able to find a job right away, there's someone who is willing to co-sponsor you, you can put it like an affidavit or written letter.

God Bless on your journey. Keep the Faith.

Edited June 18, 2015 by sweet01

[Ryan H 3,790]

Hi,

Same thing happened to me and my husband just 2 weeks ago. Will your interview be this week? If your wife just got fired yesterday, bring all her recent 2 months paystubs , her ITR and w2s and job employment letter. The CO will definitely understand what happened since it's normal thing. try to get your wife an interview for a job for the remaining days and print that (like interview letter, job offer letter )

What happened was, when we found out my husband has end of contract 2 weeks before my interview, I immediately find him a job over indeed.com, career.com and was able to land him a job interview and offer. We gave a copy of that to the CO as well as his recent pay stubs.

You can do it. The CO will definitely understand especially it's just recent. Try to also contact at least someone who can co-sponsor you just worst case scenario so that you'll be prepared for the interview. Tell them that if your wife will not be able to find a job right away, there's someone who is willing to co-sponsor you, you can put it like an affidavit or written letter.

God Bless on your journey. Keep the Faith.

This situation is completely not applicable to the OP's situation. Going off your timeline, you were recently interviewed by a USCIS officer at a USCIS office; not a CO at an Embassy or Consulate. Bringing recent paystubs, w2's, etc. etc. will be completely useless if the petitioner has no current source of income. The CO won't care how recent the loss of income is, no source of income will equal refusal of visa until either A) the source of income is replaced or B) an I-864 from a Joint Sponsor is submitted. I can't speak to what kind of discretion USCIS officers have at Adjustment of Status interviews when looking over an I-864 but CO's have to make a decision on the "likely to become a public charge" question and the decision will not be a favorable one if the petitioner has no current source of income and no Joint Sponsor.

[skyking02 11]

This situation is completely not applicable to the OP's situation. Going off your timeline, you were recently interviewed by a USCIS officer at a USCIS office; not a CO at an Embassy or Consulate. Bringing recent paystubs, w2's, etc. etc. will be completely useless if the petitioner has no current source of income. The CO won't care how recent the loss of income is, no source of income will equal refusal of visa until either A) the source of income is replaced or B) an I-864 from a Joint Sponsor is submitted. I can't speak to what kind of discretion USCIS officers have at Adjustment of Status interviews when looking over an I-864 but CO's have to make a decision on the "likely to become a public charge" question and the decision will not be a favorable one if the petitioner has no current source of income and no Joint Sponsor.

no source of income? it's underemployment benefit considers an income since you still have to file tax from it.

[sweet01 39]

This situation is completely not applicable to the OP's situation. Going off your timeline, you were recently interviewed by a USCIS officer at a USCIS office; not a CO at an Embassy or Consulate. Bringing recent paystubs, w2's, etc. etc. will be completely useless if the petitioner has no current source of income. The CO won't care how recent the loss of income is, no source of income will equal refusal of visa until either A) the source of income is replaced or B) an I-864 from a Joint Sponsor is submitted. I can't speak to what kind of discretion USCIS officers have at Adjustment of Status interviews when looking over an I-864 but CO's have to make a decision on the "likely to become a public charge" question and the decision will not be a favorable one if the petitioner has no current source of income and no Joint Sponsor.

Thank you for bringing that information. Well, a co-sponsor will definitely be the BEST resort right now. I'm just saying that if it's just recent, and the petitioner have been working for these past years and earning over poverty line and have liquid assets over poverty line plus providing W2s, ITR, paystubs for the recent months, bank statements then why not. Simultaneously, they can also look for jobs before the interview.

My two cents; A sympathetic CO may approve if convinced that OP's wife present lack of a job is temporary and that she is otherwise well capable of supporting OP. A CO may also give OP a request for additional information within a certain period of time to provide further evidence of financial support. I've read threads last month regarding losing a job of a petitioner whether spouse or fiance visa and whether CO or USCIS officer, since I've been very worried as well of my situation that time and yes, some interviews were approved since some Petitioners just recently lose their jobs weeks before the interview and some were given ample time to submit further evidence and got approved.

Edited June 19, 2015 by sweet01

[NikLR 13,220]

Just to note, an AOS is never approved or denied until interview. The NVC simply checks for completeness and accuracy. The CO at the interview always has the final word. If anything changes between a case complete and the interview you are required to update the I-864. Not to do so would be material misrepresentation and can lead to a denial and/or ban.

The best thing in the case of a petitioner losing employment and not having enough assets is to find a joint sponsor.

Edited June 19, 2015 by NLR