Unemployed petitioner

[pnwgal 45]

I am very recently divorced and will be submitting my petition for my boyfriend's K-1 visa within a couple of months.  I am currently unemployed and had planned to remain unemployed for the next year or so as I train for a new career.  I'm wondering if folks on here who have lots of familiarity with this process can tell me whether my unemployment is likely to be a problem? I receive spousal support, but will I be considered risky since my spousal support will end when I eventually marry my K-1 fiance?

[geowrian 22,335]

Spousal support can be used as income, but you have to show evidence that it is actually being paid, not just ordered/owed. The CO may not accept it if he/she believes it is not actually being received. If so, you will need to find a joint sponsor to meet the financial requirements of the I-134 and (later) I-864, unless you have sufficient assets.

 

I'm not certain how the CO will treat for the I-134 it (as a matter of policy) since it will not continue once married, but a quick search shows people who have done and had it approved. For the I-864 (for AOS), it won't count since you will be married at that point and you noted that it will not continue once married. If that's correct, then you will definitely need a joint sponsor for AOS if you are unemployed and don't have sufficient assets.

 

Keep in mind that your spouse will be unable to work in the US until after you get married, file for AOS + AP + EAD, and obtain the EAD (~3-4 months after filing).

[pnwgal 45]

On 5/16/2017 at 9:19 PM, geowrian said:

Spousal support can be used as income, but you have to show evidence that it is actually being paid, not just ordered/owed. The CO may not accept it if he/she believes it is not actually being received. If so, you will need to find a joint sponsor to meet the financial requirements of the I-134 and (later) I-864, unless you have sufficient assets.

 

I'm not certain how the CO will treat for the I-134 it (as a matter of policy) since it will not continue once married, but a quick search shows people who have done and had it approved. For the I-864 (for AOS), it won't count since you will be married at that point and you noted that it will not continue once married. If that's correct, then you will definitely need a joint sponsor for AOS if you are unemployed and don't have sufficient assets.

 

Keep in mind that your spouse will be unable to work in the US until after you get married, file for AOS + AP + EAD, and obtain the EAD (~3-4 months after filing).

Thank you. Yes, I realize that my unemployment will be a factor during adjusting status for my husband-to-be, but I'm thinking more of the K-1 process, I'm worrying about whether or not my petition will be rejected right off the bat since I have no employment information to list on the petition...Hopefully I'll be employed by the time my boyfriend moves here, we marry, and he applies to adjust his status, but I definitely won't be employed when I submit my I-129F.

[geowrian 22,335]

17 minutes ago, pnwgal said:

Thank you. Yes, I realize that my unemployment will be a factor during adjusting status for my husband-to-be, but I'm thinking more of the K-1 process, I'm worrying about whether or not my petition will be rejected right off the bat since I have no employment information to list on the petition...Hopefully I'll be employed by the time my boyfriend moves here, we marry, and he applies to adjust his status, but I definitely won't be employed when I submit my I-129F.

Your petition won't be rejected or denied...employment (or lack thereof) won't impact the process. The visa, however, will require evidence that the beneficiary will not become a public charge in the US (at the time of the interview in 6+ months from filing).

Edited May 18, 2017 by geowrian

[Ash.1101 1,755]

For the I-129F, no it won't have any barring on it. Income only matters when it comes to your fiances interview.

You will need a cosponsor, and from personal experience your unemployment CAN impact the issuance of a visa.

I was unemployed during the process. because I wasn't able to work until my husband (fiance at the time) moved down with me.  We ended up using TWO cosponsors, to complete the K-1 process. We only needed one joint sponsor for the AOS because our first cosponsor had made the requirements for K-1 and AOS, but K-1 allows the CO to use consular discretion and say a proof isn't good enough while asking for more. Due to my unemployment, the CO was not confident that my husband wouldn't become a public charge, and asked for a second cosponsor as insurance that this wouldn't be an issue. AOS is a bit more of a defined line, our first cosponsor passed the requirements both times, so it wasn't an issue for AOS.

[pnwgal 45]

Thanks to all of you for the info.  Technically I will be receiving income (in the form of alimony) at the time of my fiance's visa interview, but it sounds like getting a co-sponsor lined up is a smart course of action for me, since the people deciding whether or not to grant him a visa will realize that my alimony will be ending after I marry him.  Thanks again.

[geowrian 22,335]

6 minutes ago, pnwgal said:

Thanks to all of you for the info.  Technically I will be receiving income (in the form of alimony) at the time of my fiance's visa interview, but it sounds like getting a co-sponsor lined up is a smart course of action for me, since the people deciding whether or not to grant him a visa will realize that my alimony will be ending after I marry him.  Thanks again.

Bingo. Good luck!

[Ash.1101 1,755]

5 hours ago, pnwgal said:

Thanks to all of you for the info.  Technically I will be receiving income (in the form of alimony) at the time of my fiance's visa interview, but it sounds like getting a co-sponsor lined up is a smart course of action for me, since the people deciding whether or not to grant him a visa will realize that my alimony will be ending after I marry him.  Thanks again.

You're very welcome!

Note that there are guidelines to how much income you have to make. 

The guidelines can be found here, if you don't meet those then you need a cosponsor.

https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

You basically find out what your household number is (You, Your fiance, and any dependants/Children under 18) and then look at how much you'll need to make per year. Some people will say look at the 100% limit, but I recommend the 125% as that's what will have to be made for AOS and some CO's want to see 125% instead of 100%.

[pnwgal 45]

6 minutes ago, Ash.1101 said:

You're very welcome!

Note that there are guidelines to how much income you have to make. 

The guidelines can be found here, if you don't meet those then you need a cosponsor.

https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

You basically find out what your household number is (You, Your fiance, and any dependants/Children under 18) and then look at how much you'll need to make per year. Some people will say look at the 100% limit, but I recommend the 125% as that's what will have to be made for AOS and some CO's want to see 125% instead of 100%.

Great to know. Thanks.