Help! Fiance lost job!!

[ShadowCelica 3]

Hi

I've looked at this site constantly throughout my entire process here, and it's come to the point I'm desperate for help. I'm a UK citizen, my fiance is a US citizen that lives in Colorado. The entire process has been smooth sailing up until this point... we filed the original forms back in March, and on the 27th September, I was given my visa approval. My Visa came 2 days ago, and I excitedly went home that night and booked everything. I resigned from my job, and was in the process of taking care of things, as my flight is for the 19th October.

Now here's the bad part. My fiance told me yesterday that his job has made him redundant. He has no job now. I have NO idea what to do. The flight is in two weeks, and I have no idea how quickly he can get work that covers the 125% poverty line they want for a sponsor. People are telling me not to lose hope, but it's so hard... we were nearly there. When the AOS comes around, if he's not working, they're just gonna send me back. And I can't bear to live without him anymore! What worse, is that i would come back to the UK with no job, no car... nothing. Cause I would have had to give all that up.

His mother, who lives on the east Coast, has said that she can co-sponsor us, but does this look bad when filing for the AOS? We can explain that he was made redundant, so it's not like he walked out of his job, but will it make us look unstable, and refuse us anyway? I just don't want to be declined!

What does this also mean for the sealed package I'm traveling with. It'll have all his old work forms in it, with the letter to say that he'll stay in employment. Do I have to admit to the embassy he's no longer got a job? What do I do! Please help!!!

Thank you all for your time

[Georgia16 2,858]

Okay you need to take a deep breath and calm down.

It's really not a big deal (immigration vise) since his mother can sponsor you.

Go on your flight and be with your fiancé, hopefully he will get a job soon again.

[yuna628 9,680]

The approved visa in your passport is in your hands yes? If so there's nothing to worry about in that regard. You still have a valid visa that you are free to use and marry your fiancé with.

The only question now is what to do moving forward for you. Typically it is in the best interests of the couple to file for AOS (with EAD/AP) once they are married, but people sometimes delay this for a variety of reasons. You do have six months from your medical date to enter the US with your visa, if you need further delay. How much savings do you have? What job prospects does your fiancé potentially have? Despite his redundancy, how stable is the living situation you would be going into?

That being said if you require a joint sponsor this can also be successfully done (we used one with no issues), provided they can meet the threshold, does not have a household size that would expand on that threshold, and have the documentation needed.

[ShadowCelica 3]

The approved visa in your passport is in your hands yes? If so there's nothing to worry about in that regard. You still have a valid visa that you are free to use and marry your fiancé with.

The only question now is what to do moving forward for you. Typically it is in the best interests of the couple to file for AOS (with EAD/AP) once they are married, but people sometimes delay this for a variety of reasons. You do have six months from your medical date to enter the US with your visa, if you need further delay. How much savings do you have? What job prospects does your fiancé potentially have? Despite his redundancy, how stable is the living situation you would be going into?

That being said if you require a joint sponsor this can also be successfully done (we used one with no issues), provided they can meet the threshold, does not have a household size that would expand on that threshold, and have the documentation needed.

Hiya, Yes, the visa in my passport is physically with me, thankfully this happened after the interview, so at least that's not hanging over us!

I was thinking of perhaps if there is a way to hold off on the AOS for as long as we could whilst I'm out there, but with that being said, I can't seem to find anything on processing times with the AOS (though I understand this is a case by case thing)

I myself have not got a HUGE amount saved up, as my job was very low income, and it was harder for me to save, but i'm going over there with roughly around £2000. His job prospects are... good?? It's hard to say, he works in the tourism industry, and it can change overnight, just as it evidently did last night! Though I've asked him to just try and get any job that gets him to the required income level, and we can iron everything out later, and let him find a job he wants again once I'm earning myself. He was given two months payment upfront (Around $7500) yesterday before he left, so his account will look good at the moment, but that will only deplete with no work.

I was thankful for the idea of a sponser, my concern is that would it look odd that when originally applying for the K-1, that we didn't need one, and now suddenly for the AOS we do? I didn't know if that would cause any issues?

Thank you x

[Georgia16 2,858]

Hiya, Yes, the visa in my passport is physically with me, thankfully this happened after the interview, so at least that's not hanging over us!

I was thinking of perhaps if there is a way to hold off on the AOS for as long as we could whilst I'm out there, but with that being said, I can't seem to find anything on processing times with the AOS (though I understand this is a case by case thing)

I myself have not got a HUGE amount saved up, as my job was very low income, and it was harder for me to save, but i'm going over there with roughly around £2000. His job prospects are... good?? It's hard to say, he works in the tourism industry, and it can change overnight, just as it evidently did last night! Though I've asked him to just try and get any job that gets him to the required income level, and we can iron everything out later, and let him find a job he wants again once I'm earning myself. He was given two months payment upfront (Around $7500) yesterday before he left, so his account will look good at the moment, but that will only deplete with no work.

I was thankful for the idea of a sponser, my concern is that would it look odd that when originally applying for the K-1, that we didn't need one, and now suddenly for the AOS we do? I didn't know if that would cause any issues?

Thank you x

You can delay AOS for a long time, just get married within the 90 days.

And no it doesn't matter to them at all as long as you have a sponsor/co-sponsor.

[ShadowCelica 3]

You can delay AOS for a long time, just get married within the 90 days.

And no it doesn't matter to them at all as long as you have a sponsor/co-sponsor.

I was under the impression that the AOS had to be filed within the 90 days, after we got married?

[Georgia16 2,858]

I was under the impression that the AOS had to be filed within the 90 days, after we got married?

No not true. You just have to be married within 90 days after you arrive.

[Harpa Timsah 13,258]

Your fiance can and should file for unemployment (government pays you when a job is lost). You can use your MIL as a co-sponsor for AOS. In some ways you're lucky — you'll have a lot of time together when you first arrive! And hopefully your fiance will get a new job soon. Good luck.

[Boiler 45,668]

Denver job market is pretty good at the moment.

[Allison/Robert 43]

I will point out, however, that in this link: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1 It says the only way to maintain legal status is to file for AOS within 90 days of arrival, but I think what Georgia16 means is that any time spent "out of legal status", so after the 90 day period, is forgiven once AOS is filed.

[yuna628 9,680]

Hiya, Yes, the visa in my passport is physically with me, thankfully this happened after the interview, so at least that's not hanging over us!

I was thinking of perhaps if there is a way to hold off on the AOS for as long as we could whilst I'm out there, but with that being said, I can't seem to find anything on processing times with the AOS (though I understand this is a case by case thing)

I myself have not got a HUGE amount saved up, as my job was very low income, and it was harder for me to save, but i'm going over there with roughly around £2000. His job prospects are... good?? It's hard to say, he works in the tourism industry, and it can change overnight, just as it evidently did last night! Though I've asked him to just try and get any job that gets him to the required income level, and we can iron everything out later, and let him find a job he wants again once I'm earning myself. He was given two months payment upfront (Around $7500) yesterday before he left, so his account will look good at the moment, but that will only deplete with no work.

I was thankful for the idea of a sponser, my concern is that would it look odd that when originally applying for the K-1, that we didn't need one, and now suddenly for the AOS we do? I didn't know if that would cause any issues?

Thank you x

Circumstances and life situations change. The USCIS isn't really interested in that. They are interested on if you are a legit couple and for the most part if someone can accept financial responsibility. They aren't going to fault someone for loss of a job. The good thing is they allow joint sponsorship, which I think is fair, so long as the parties signing it understand it's binding and are fully in agreement. But this won't help other personal financial expenses that come into play, such as health insurance costs etc.

People do certainly delay AOS after marriage sometimes even for years. Yes they are out of legal status and no they are not able to work etc, but unless they are up to something nefarious or stray too close to a border town the likelihood of removal are remote and low. Once they eventually choose to file, even after a period of not doing so, there is no fault given to them. So no problems for you there if you needed to delay filing.

I would say that if you absolutely have a joint sponsor lined up with no issues regarding that, there is no problem to marrying and filing for AOS (with EAD/AP), in that regard you can also start applying for work as soon as the EAD card arrives (get your SSN before you marry so that is also covered). If circumstances arise and you need to delay the AOS process then you also can, but try to apply as soon as possible. It all depends on what you want to do.

Edited October 6, 2016 by yuna628

[ShadowCelica 3]

Circumstances and life situations change. The USCIS isn't really interested in that. They are interested on if you are a legit couple and for the most part if someone can accept financial responsibility. They aren't going to fault someone for loss of a job. The good thing is they allow joint sponsorship, which I think is fair, so long as the parties signing it understand it's binding and are fully in agreement. But this won't help other personal financial expenses that come into play, such as health insurance costs etc.

People do certainly delay AOS after marriage sometimes even for years. Yes they are out of legal status and no they are not able to work etc, but unless they are up to something nefarious or stray too close to a border town the likelihood of removal are remote and low. Once they eventually choose to file, even after a period of not doing so, there is no fault given to them. So no problems for you there if you needed to delay filing.

I would say that if you absolutely have a joint sponsor lined up with no issues regarding that, there is no problem to marrying and filing for AOS (with EAD/AP), in that regard you can also start applying for work as soon as the EAD card arrives (get your SSN before you marry so that is also covered). If circumstances arise and you need to delay the AOS process then you also can, but try to apply as soon as possible. It all depends on what you want to do.

My hope is that he can find something very soon that will help us out, understandably he's concerned about rent and being able to support me. I had no idea that i could actually stay beyond the 90 days (Though I'm to understand this is technically overstaying a visa? And may cause future issues coming back into the country should i get deported anyway?), though I'm hoping the likelihood of getting found out before we file for it will be low! We will be living in Denver, so I don't know if that is a town that's particularly known for giving up over-stayers XD I would ideally like to file as soon as I could, of course, but i'm willing to over stay if there's a chance that things could work out fine if i did.

The steps I need to follow are not 100% clear to me, as I wasn't given any further instructions when My visa came. My fiance found something online also about some.... fee that i may or may not have to pay before leaving the country here, so that's a little concerning too, not sure if you would know about that?

I think getting the co sponsor would make me feel safer legally when it came to the 90 days, but I would hope that he would have found a job by this point!!!

Thank you for all your help!

I will point out, however, that in this link: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1 It says the only way to maintain legal status is to file for AOS within 90 days of arrival, but I think what Georgia16 means is that any time spent "out of legal status", so after the 90 day period, is forgiven once AOS is filed.

So no serious complications or reprimands would result in overstaying the 90 days? Once I apply for the AOS of course!

No not true. You just have to be married within 90 days after you arrive.

I'm on the understanding now that as long as I apply for the AOS at some point, nothing serious would come of overstaying? (Unless trying to get back into the country again if deported?)

[Georgia16 2,858]

My hope is that he can find something very soon that will help us out, understandably he's concerned about rent and being able to support me. I had no idea that i could actually stay beyond the 90 days (Though I'm to understand this is technically overstaying a visa? And may cause future issues coming back into the country should i get deported anyway?), though I'm hoping the likelihood of getting found out before we file for it will be low! We will be living in Denver, so I don't know if that is a town that's particularly known for giving up over-stayers XD I would ideally like to file as soon as I could, of course, but i'm willing to over stay if there's a chance that things could work out fine if i did.

The steps I need to follow are not 100% clear to me, as I wasn't given any further instructions when My visa came. My fiance found something online also about some.... fee that i may or may not have to pay before leaving the country here, so that's a little concerning too, not sure if you would know about that?

I think getting the co sponsor would make me feel safer legally when it came to the 90 days, but I would hope that he would have found a job by this point!!!

Thank you for all your help!

So no serious complications or reprimands would result in overstaying the 90 days? Once I apply for the AOS of course!

No one will deport your come after you in anyway. Just follow the rules, get married within 90 days, do not work when you are not allowed to and do not leave the country and you will be fine!

There is no fee you have to pay for leaving or coming! .... There is the fee of the AOS for $1,070 when you are ready to file sometime.

I'm on the understanding now that as long as I apply for the AOS at some point, nothing serious would come of overstaying? (Unless trying to get back into the country again if deported?)

You won't get deported. You need to relax you'll be just fine! ...

[Harpa Timsah 13,258]

OP, you should read up a bit on the Adjustment of Status phase, because that, imo, is more complicated than the visa and certainly more expensive ($1070).

You will not be deported, but you should have a plan to file AOS because without it, you will be stuck in the US (you could leave but not come back) with no ability to travel, no ability to work, no ability to drive.

A K-1 is a one-time use visa with the understanding that you will change your status from within the US. If you don't file AOS by 90 days, you will be technically overstaying, but not deportable because you will be eligible to adjust your status. And any overstay will be irrelevant/forgiven when your adjustment is approved.

[N-o-l-a 7,168]

You will not be deported, but you should have a plan to file AOS because without it, you will be stuck in the US (you could leave but not come back) with no ability to travel, no ability to work, no ability to drive.

I would still do this ASAP because the financial hole will just keep getting deeper and deeper without the possibility of work and it taking a little while to catch up from unemployment.

If it were me, I'd get married in a courthouse (in Colorado you can actually just marry on your own as a couple as well), file with the co-sponsor immediately, and then have the ability to work within months. I wouldn't push it out.

Edited October 6, 2016 by N-o-l-a