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kev&jo

HELP! My fiance lost his job after sending our packet

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Hi guys. I need advice and opinion on what to do. My fiance sent our packet this month and last night he told he got laid off from his job. My concerns and questions are below:

 

1. He is currently based in SC and he will go back to NY on April 7 and will stay at his parents house until he gets a new job. He used his apartment address in SC as his mailing address when he filed for my K1 Visa. Do we need to change his mailing address? if yes, kindly advise how. (Note: Until now we haven't received NOA1)

 

2. If he gets a new job, do we still need to find a co-sponsor (because the job is new) or no as long as he will get a salary that is above the poverty line?

(Note: In his previous job we didn't need to get a co-sponsor. 

 

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Thread is moved from the IMBRA subforum to the main K-1 Process forum.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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1. You can update the address online by creating an account with the USCIS and yes you better to be safe.

 

2a. If he gets a new job where his salary covers the minimum needed, then you're fine, he will need a letter from current employer close to your interview date so to prove it.

 

2b. If he doesn't make enough with his new job to cover the min, then be ready with a co-sponsor.

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4 hours ago, MikeMc said:

1. You can update the address online by creating an account with the USCIS and yes you better to be safe.

 

2a. If he gets a new job where his salary covers the minimum needed, then you're fine, he will need a letter from current employer close to your interview date so to prove it.

 

2b. If he doesn't make enough with his new job to cover the min, then be ready with a co-sponsor.

Hi! Thanks for answering. We cannot create an account in USCIS yet because we still didn't receive NOA1. 

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15 hours ago, kev&jo said:

Hi guys. I need advice and opinion on what to do. My fiance sent our packet this month and last night he told he got laid off from his job. My concerns and questions are below:

 

1. He is currently based in SC and he will go back to NY on April 7 and will stay at his parents house until he gets a new job. He used his apartment address in SC as his mailing address when he filed for my K1 Visa. Do we need to change his mailing address? if yes, kindly advise how. (Note: Until now we haven't received NOA1)

 

2. If he gets a new job, do we still need to find a co-sponsor (because the job is new) or no as long as he will get a salary that is above the poverty line?

(Note: In his previous job we didn't need to get a co-sponsor. 

 

NOA1 should be in by April 7. USCIS website states:

 

Most applicants with pending applications or petitions should notify us as soon as possible, no more than 10 days after your move.

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If you just sent the I-129F, he has 8-10 months to get a new job that meets the income requirements, as the affidavit of support is not needed until the K-1 interview.  Proof of current income is the best evidence of his ability to support you.

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8 hours ago, C90 said:

NOA1 should be in by April 7. USCIS website states:

 

Most applicants with pending applications or petitions should notify us as soon as possible, no more than 10 days after your move.

Hi. Thank you for answering. He said he will wait for the NOA1 hardcopy to arrive before he changes his address. 

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4 hours ago, carmel34 said:

If you just sent the I-129F, he has 8-10 months to get a new job that meets the income requirements, as the affidavit of support is not needed until the K-1 interview.  Proof of current income is the best evidence of his ability to support you.

Hi. Thanks for answering. So, even if the job is new as long as it meets the income requirements we won't be needing another sponsor?

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8 hours ago, dxec said:

If you haven't received NOA 1 yet he has like 6-8 months to get a job going. Shouldn't be too hard if he has any desirable skills. Good luck on your journey!

Hi. Thank you! He's into IT, I don't have an idea about the job market there but I believe 6-8 months is long enough for him to find a new job. 

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5 hours ago, kev&jo said:

Hi. Thanks for answering. So, even if the job is new as long as it meets the income requirements we won't be needing another sponsor?

The IO will make the decision at the interview based on the evidence submitted.  Current income is best, but a big gap of not working could be cause for concern, it's impossible to predict what the decision will be.  And "meet the income requirements" is a judgment call--the 100% and 125% of poverty are minimums--we have seen many examples here on VJ of people who were denied or had to get a co-sponsor even though they exceeded the minimum.  The IO will consider the totality of the case, look at past and current income, and make a decision.  If you have any doubts in preparing for the interview in 8 months, 10 months, whenever it happens, you can always have a co-sponsor with supporting documents ready if needed at the interview.  You have such a long time before the interview that I wouldn't worry about it right now.  Wait until he gets another job and see what the income is, consider the length of unemployment gap, and then decide if a co-sponsor would strengthen your case.  It also depends on your embassy or consulate, so do research on the country-specific forums on VJ.  Good luck with the long wait!

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