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Is an employment contract with an indefinite end date considered permanent employment with the USCIS?

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

I have tried to look up this topic all day long, mainly during my breaks at work. I am sorry if this question has been answered, and thank you for any advise that is given. I am trying to make sure I have all my ducks in a row before filing does happen.

As of right now I am have been employed by a staffing firm that does the HR side of a company I am working for. Before I signed my papers it started that the job is a contract work with no end date. And this is the email that I have starting this, I know I need the physical contract.

"Our partnership with (Company I am physically at) is that of an outsourced HR meaning that we handle the payroll, benefits, etc. Their positions are contracts with an indefinite end date. However, we have had people out there for 5 years, some for 2 years; the important piece is that if you are doing a great job, they will keep you around. Also, after 6 months you do start getting paid holidays and after 1 year you start to accrue vacation days. This is very different than any other "contract" position but it is stable and the only difference is that we are providing all of the HR services. "

I have been working at this company for 2 months making above the amount needed for the 125% mark, current earning can support 3 people, and have a saving around 13k by the time it is needed for the I-134 papers, but when the time for AoS comes I will be back down to 6k, getting an apartment(Some apartments want a few months of rent upfront) and car and airplane ticket, any thing dealing with K1 and AoS.

I'm hoping I can be a sole sponsor for both the I-134 and I-864. I do have some people that can be the sponsors but morally I would feel better if I was the only sponsor, he should not be a public charge, he has a masters degree, and will have at least 10 years of work history in that field.

If I can use my employment, I assume I need a letter from the HR company, or do I use it with the owners of the company I'm physically at?

I know I will need Letter of employment, pay-stubs and and tax scripts and w-2's/tax scripts, and possible work contract stating that is a contract with no end date., even if I was to use a sponsor. I have been told my work performance is excellent and I enjoy working there.

I was all together unemployed about 5 months total this year, 1st job this year I was fired because too much stress after father passing while I had a new job (Since I was was working nearly 70 hours a week after his passing, I took a few months off from job hunting and used it to grieve the lost of my father whom passed suddenly in front of me and my sister and help support my mother with all the paper work and taking care of my special needs nephew). 2nd was because they could not get my name into the system after two weeks of trying so I was let go. 3rd job I quit for this current job. I am thinking of getting a 2nd job for the holiday season or for as long they will allow me, and bump up my earned income for this year. So this years taxes are going to be lower than the 125% mark same as of last year when I had a part time job (left job of 14 months for a full time perm job, which my father passed away the night my training was done.) I have filed my taxes for 2014(made a few grand) and 2015(19k or so). 2013 I didn't have work but I was in college. This years taxes I am looking at earning a total of 16k. I know it goes off "Current annual income." Will this make any effect, when I file for K1 or AoS?

What are my chances of being approved on the income part of the applications?

But ultimately, is an employment contract with an indefinite end date considered permanent employment with the USCIS?


I-130 CR1 Timeline  Visa has been issued!!!!!! = ^.^= YAY!

Spoiler

Service Center - Texas

Sent Jan 2nd 2018 

PD: Jan 3rd 2018

E-notification: Jan 8th 2018

NOA1 Hard copy: Jan 12th 2018

NOA2: June 28th 2018, new website. Old website: July 17th sent to DOS (finally appeared July 29th, after 206 days after petition sent and stating not found) Emails & texts: nothing. Hard Copy states NoA2 is June 27, 2018.

NOA2: Hard copy: July 2nd 2018

Sent to DOS: New Website: July 18th 2018. Old website July 17th (Case number was finally found after 206 days of submitting petition, appeared on July 29th.)

Received NVC: July 24th 2018, per calling NVC option 5. 

New Case number #: Via email August 21st 2018. While on the phone with the hubby. Case is PIVOT. 

Fees paid August 21st 2018. Marked as paid on August 23rd 2018.

DS-260 filled and submitted:  August 27th 2018

AOS documents filled and submitted: August 29th, 2018

IV Documents: Submitted August 31st, 2018

Case Complete: September 11th 2018 via website 
Received Interview data: From embassy Oct 13, from NVC: Oct 15th.
Interview: originally Nov 27th, rescheduled to Nov 29th.

AP

Spoiler

Nov 26th 2018 AP.
Interviewed on Nov 29th, was told everything is good, asked for CV / resume, kept passport.

Nov 29th Email submitted.

Nov 30th They sent us an email for a physical copy.

Dec 3rd Submitted. Dec 4th They received.

Dec 7th, 14th,18th, 19th, 20th case was touched.

Dec 21st ready for Pick up. Dec 23rd pick up passport with no visa.  Was told due to holidays they resent passport incase Husband needed it, and to return it back on Jan 9th.

Jan 15th, sent off passport back to Embassy, Jan 16th case updated and received passport. 
Jan 24th case touched. Feb 1st sent email asking if they needed anything from us, replied Feb 5th stating still going thru AP, no change on website. Feb 13th, case was touched. March 5th sent email (not by travel docs) asking what we are waiting on, received auto email, unsure if case touched was touch per auto email.
March 5th, 7th case was touched. Also UStraveldocs passport states "There is no status update available for the passport number submitted"

March 15 Sent message via ustraveldocs about what's going on etc etc.
March 19: reply from Embassy Stating we have been approved and should get visa in 1-2 business days! 

March 20th: Issued!!!!! ViH: March 21st.
POE: Aiming for April 26th. 

Our Visits

Spoiler

Him: J1 Visa (no 2 home requirement) May 2015-Nov 2016 Officially met: Late July 2015 Started relationship mid-Aug 2015

Business trip B1 (Him): May 2017 - Nov 2017

2nd Business trip (Him): Feb 2018 - May 31st 2018

Visit Russia: 1st visit - TBA

2nd visit hopefully when he moves to the USA.

 

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

I'm sorry for your loss, but get a joint sponsor, immigration looks at stability and you right now don't have stability in your employment

you don't make enough for this year, and even if you got a second job, it's only temporary, you don't have 1 long term job that makes enough or 2 long term jobs that would make up for it, you would get a second temporary job

and last year you barely made it, so I'd have a joint sponsor

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Even if I have this job for over a year when he will need the I-134? We haven't filed for a k-1 yet, we are most likely going to file sometime in February or March, which means I will be at my current job for at least 6 to 7 months at the time, and using the current processing times, if there is no RFE, I will be there for nearly a year before he has his interview. Some how I thought having a current job for 6+ months could work in my favor, longer the better.

Worst case we can use my mother whom gets close 1800+ a month from my father's military retirement, the company he used to work with and his life insurance. Or we can use his friend that is an LPR that has been in the USA and started working in Aug 2015.


I-130 CR1 Timeline  Visa has been issued!!!!!! = ^.^= YAY!

Spoiler

Service Center - Texas

Sent Jan 2nd 2018 

PD: Jan 3rd 2018

E-notification: Jan 8th 2018

NOA1 Hard copy: Jan 12th 2018

NOA2: June 28th 2018, new website. Old website: July 17th sent to DOS (finally appeared July 29th, after 206 days after petition sent and stating not found) Emails & texts: nothing. Hard Copy states NoA2 is June 27, 2018.

NOA2: Hard copy: July 2nd 2018

Sent to DOS: New Website: July 18th 2018. Old website July 17th (Case number was finally found after 206 days of submitting petition, appeared on July 29th.)

Received NVC: July 24th 2018, per calling NVC option 5. 

New Case number #: Via email August 21st 2018. While on the phone with the hubby. Case is PIVOT. 

Fees paid August 21st 2018. Marked as paid on August 23rd 2018.

DS-260 filled and submitted:  August 27th 2018

AOS documents filled and submitted: August 29th, 2018

IV Documents: Submitted August 31st, 2018

Case Complete: September 11th 2018 via website 
Received Interview data: From embassy Oct 13, from NVC: Oct 15th.
Interview: originally Nov 27th, rescheduled to Nov 29th.

AP

Spoiler

Nov 26th 2018 AP.
Interviewed on Nov 29th, was told everything is good, asked for CV / resume, kept passport.

Nov 29th Email submitted.

Nov 30th They sent us an email for a physical copy.

Dec 3rd Submitted. Dec 4th They received.

Dec 7th, 14th,18th, 19th, 20th case was touched.

Dec 21st ready for Pick up. Dec 23rd pick up passport with no visa.  Was told due to holidays they resent passport incase Husband needed it, and to return it back on Jan 9th.

Jan 15th, sent off passport back to Embassy, Jan 16th case updated and received passport. 
Jan 24th case touched. Feb 1st sent email asking if they needed anything from us, replied Feb 5th stating still going thru AP, no change on website. Feb 13th, case was touched. March 5th sent email (not by travel docs) asking what we are waiting on, received auto email, unsure if case touched was touch per auto email.
March 5th, 7th case was touched. Also UStraveldocs passport states "There is no status update available for the passport number submitted"

March 15 Sent message via ustraveldocs about what's going on etc etc.
March 19: reply from Embassy Stating we have been approved and should get visa in 1-2 business days! 

March 20th: Issued!!!!! ViH: March 21st.
POE: Aiming for April 26th. 

Our Visits

Spoiler

Him: J1 Visa (no 2 home requirement) May 2015-Nov 2016 Officially met: Late July 2015 Started relationship mid-Aug 2015

Business trip B1 (Him): May 2017 - Nov 2017

2nd Business trip (Him): Feb 2018 - May 31st 2018

Visit Russia: 1st visit - TBA

2nd visit hopefully when he moves to the USA.

 

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

ok, maybe if you haven't filed yet, there could be a chance that you won't need a joint sponsor, I thought you were father along in the process

but I'd still have someone in mind as a backup

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Yeah because of legal stuff, we wont be able to file till Feb at the earliest, or if we are really lucky January.

Hee hee I know if I had filed recently I would be hunting for that extra person, and I would be sol with out one. My mother knows she might end up having to be a sponsor or at least combined with me since we live under the same roof, but we count each us as two different households in this case. I do help with paying for the house each month. So she can qualify to sponsor him with her "reward" money. And at the AoS stage I'm pretty sure her and I can combine to hit the mark and give our case more strength in this section. But I assume the assets would need to be x5 and not x3, I could be wrong on this and I am hoping it is x3.

Russia does accept co sponsors according to an email from them back in April.


I-130 CR1 Timeline  Visa has been issued!!!!!! = ^.^= YAY!

Spoiler

Service Center - Texas

Sent Jan 2nd 2018 

PD: Jan 3rd 2018

E-notification: Jan 8th 2018

NOA1 Hard copy: Jan 12th 2018

NOA2: June 28th 2018, new website. Old website: July 17th sent to DOS (finally appeared July 29th, after 206 days after petition sent and stating not found) Emails & texts: nothing. Hard Copy states NoA2 is June 27, 2018.

NOA2: Hard copy: July 2nd 2018

Sent to DOS: New Website: July 18th 2018. Old website July 17th (Case number was finally found after 206 days of submitting petition, appeared on July 29th.)

Received NVC: July 24th 2018, per calling NVC option 5. 

New Case number #: Via email August 21st 2018. While on the phone with the hubby. Case is PIVOT. 

Fees paid August 21st 2018. Marked as paid on August 23rd 2018.

DS-260 filled and submitted:  August 27th 2018

AOS documents filled and submitted: August 29th, 2018

IV Documents: Submitted August 31st, 2018

Case Complete: September 11th 2018 via website 
Received Interview data: From embassy Oct 13, from NVC: Oct 15th.
Interview: originally Nov 27th, rescheduled to Nov 29th.

AP

Spoiler

Nov 26th 2018 AP.
Interviewed on Nov 29th, was told everything is good, asked for CV / resume, kept passport.

Nov 29th Email submitted.

Nov 30th They sent us an email for a physical copy.

Dec 3rd Submitted. Dec 4th They received.

Dec 7th, 14th,18th, 19th, 20th case was touched.

Dec 21st ready for Pick up. Dec 23rd pick up passport with no visa.  Was told due to holidays they resent passport incase Husband needed it, and to return it back on Jan 9th.

Jan 15th, sent off passport back to Embassy, Jan 16th case updated and received passport. 
Jan 24th case touched. Feb 1st sent email asking if they needed anything from us, replied Feb 5th stating still going thru AP, no change on website. Feb 13th, case was touched. March 5th sent email (not by travel docs) asking what we are waiting on, received auto email, unsure if case touched was touch per auto email.
March 5th, 7th case was touched. Also UStraveldocs passport states "There is no status update available for the passport number submitted"

March 15 Sent message via ustraveldocs about what's going on etc etc.
March 19: reply from Embassy Stating we have been approved and should get visa in 1-2 business days! 

March 20th: Issued!!!!! ViH: March 21st.
POE: Aiming for April 26th. 

Our Visits

Spoiler

Him: J1 Visa (no 2 home requirement) May 2015-Nov 2016 Officially met: Late July 2015 Started relationship mid-Aug 2015

Business trip B1 (Him): May 2017 - Nov 2017

2nd Business trip (Him): Feb 2018 - May 31st 2018

Visit Russia: 1st visit - TBA

2nd visit hopefully when he moves to the USA.

 

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