Un-Paid Leave Income Verification I-134

[RickyG4445 3]

I work at a restaurant and got hired in Jan 2018. I am currently on un-paid leave. I left last month (July). All I have to do is walk into my managers office and they can schedule me again, it's that simple. 

 

I am going to be living with my fiance in her country until the interview comes up, it should be around november or december (thats what we are hoping).

 

When the interview comes up, they will be asking for previous paychecks and W-2. So if I show them my May, June, July paychecks and my 2018 W2 (I made over the poverty limit $18,000, I am single never married and have no kids). Will this be acceptable?

 

How will they know if I am still employed? Will they call my manager? Also, an employment letter wouldn't do any good because those things can EASILY be faked. 

 

Edited August 6, 2019 by RickyG4445

[Loren Y 2,732]

Your cutting it really close to the poverty level. Clearing it just by about a grand. Then since you are doing a K1 when AOS comes around ( happens pretty quickly) you have to be a little over 21,000 for that. Then come interview you haven't received a paycheck for 4-5 months or so, I would be a little concerned. They have really been cracking down on the public charge requirements lately, and unless you have some savings or assets such as stocks and bonds to show to build yourself up, just clearing the poverty line hasn't been cutting it lately. It's up to the CO at the interview, but maybe have a joint sponsor on standby just in case . We will see what other VJ'ers have to say, maybe someone knows how strict they are at your embassy.

 And I can almost guarantee one of the questions they ask is where does your fiancee work, or is he/she currently working. It's a pretty popular question, and you have to answer honestly. They asked my fiancee I know.

Edited August 6, 2019 by Loren Y

[RickyG4445 3]

3 minutes ago, Loren Y said:

Your cutting it really close to the poverty level. Clearing it just by about a grand. Then since you are doing a K1 when AOS comes around ( happens pretty quickly) you have to be a little over 21,000 for that. Then come interview you haven't received a paycheck for 4-5 months or so, I would be a little concerned. They have really been cracking down on the public charge requirements lately, and unless you have some savings or assets such as stocks and bonds to show to build yourself up, just clearing the poverty line hasn't been cutting it lately. It's up to the CO at the interview, but maybe have a joint sponsor on standby just in case . We will see what other VJ'ers have to say, maybe someone knows how strict they are at your embassy.

 And I can almost guarantee one of the questions they ask is where does your fiancee work, or is he/she currently working. It's a pretty popular question, and you have to answer honestly. They asked my fiancee I know.

AOS is still a long way to go. From what Ive heard, there is no time limit to when to do AOS. You can do it whenever you want. Im just more concerned about this step (I-134 and interview).

 

Also, I told my boss to keep me in the system. Hopefully the the HR person didnt accidentally take me off of payroll. Will they government know that Im still on their payroll? Will they contact them?

[payxibka 10,044]

4 minutes ago, RickyG4445 said:

AOS is still a long way to go. From what Ive heard, there is no time limit to when to do AOS. You can do it whenever you want. 

Talk to the member who got caught by ICE and spent 5 weeks in jail and you will find out that "anytime you want" is not without risk

[arken 4,197]

I’d simply say that providing 3-4 months old paystubs will be a problem if you made just marginally above the poverty guideline in 2018. How much you plan to claim for current annual income?

 

Employees with unpaid time off still get paystub but with zero income. Not having recent paystubs mean you are not employed at present. They don’t need to ask your employer ti find out.

Edited August 6, 2019 by arken

[aaron2020 11,651]

45 minutes ago, RickyG4445 said:

I work at a restaurant and got hired in Jan 2018. I am currently on un-paid leave. I left last month (July). All I have to do is walk into my managers office and they can schedule me again, it's that simple. 

 

I am going to be living with my fiance in her country until the interview comes up, it should be around november or december (thats what we are hoping).

 

When the interview comes up, they will be asking for previous paychecks and W-2. So if I show them my May, June, July paychecks and my 2018 W2 (I made over the poverty limit $18,000, I am single never married and have no kids). Will this be acceptable?

 

How will they know if I am still employed? Will they call my manager? Also, an employment letter wouldn't do any good because those things can EASILY be faked. 

 

Your current income will be zero.

The US Embassy is not going to call your employer.  They will want to see recent pay stubs that shows you are working and are employed.

 

If you plan on living with your fiancee in her country, then you will need to line up a co-sponsor (if the US Embassy allows it).

[RickyG4445 3]

5 minutes ago, aaron2020 said:

Your current income will be zero.

The US Embassy is not going to call your employer.  They will want to see recent pay stubs that shows you are working and are employed.

 

If you plan on living with your fiancee in her country, then you will need to line up a co-sponsor (if the US Embassy allows it).

What a joke this system is. If you ask me, if the Petitioner is in the USA and the fiance is in her home country, that would be considered a FAKE relationship because two people who truly love each other need to be together. Not spending time apart..

 

Also, how does having a job right now guarantee it the next day? Like a said, the laws in this country are a joke. And Im a 7th Generation American.....

[aaron2020 11,651]

Being a 7th generation American does not entitle you to anything.  Laws are laws.  The law applies to everyone equally; even if you don't understand or like them.

 

The laws are clear.  

 

Your attitude that you are not concern with AOS and think that you can do it whenever you want is naive and disturbing.  It shows that you don't understand that people have been arrested and locked up for weeks because the US spouse failed to understand the system and follow the rules.  

Comply with the system if you want a visa.  Don't expect the US government to bend to your understanding or your wants.  You need to accept that they are in charge and you have to do what they want.

This is the harsh reality of the US immigration system.  

[payxibka 10,044]

I guess if time spent apart during the immigration process constitutes "fake" relationship,  then 10's of thousands of people a year are nothing but frauds

[Crazy Cat 39,222]

1 hour ago, RickyG4445 said:

AOS is still a long way to go. From what Ive heard, there is no time limit to when to do AOS

Once an I-94 has expired (90 days after arrival), the person is out of status and subject to deportation.......that's just one reason to file AOS as soon as possible.

Edited August 6, 2019 by missileman

[Crazy Cat 39,222]

1 hour ago, RickyG4445 said:

What a joke this system is. If you ask me, if the Petitioner is in the USA and the fiance is in her home country, that would be considered a FAKE relationship because two people who truly love each other need to be together. Not spending time apart..

 

Also, how does having a job right now guarantee it the next day? Like a said, the laws in this country are a joke. And Im a 7th Generation American.....

When I was in the military (20+ years active duty), we had a saying..."Cooperate and Graduate".....it applies for the immigration system....you might want to think about that......

Edited August 6, 2019 by missileman

[oflyingbunnyo 119]

2 hours ago, RickyG4445 said:

What a joke this system is. If you ask me, if the Petitioner is in the USA and the fiance is in her home country, that would be considered a FAKE relationship because two people who truly love each other need to be together. Not spending time apart..

 

Also, how does having a job right now guarantee it the next day? Like a said, the laws in this country are a joke. And Im a 7th Generation American.....

Your entitled attitude will be your doom in this process if you keep it up. 

I just had my interview not too long ago and I can confidently say that nowadays I'd assume most if not all embassies approve you on the basis of your income being over the 125% PG.

Not everyone has the privilege of being with their fiance for extended periods of time and hence why we start this process...  

I'd recommend having an in detail read about how the entire process works, from start to finish, including AOS. 

[arken 4,197]

2 hours ago, RickyG4445 said:

What a joke this system is. If you ask me, if the Petitioner is in the USA and the fiance is in her home country, that would be considered a FAKE relationship because two people who truly love each other need to be together. Not spending time apart..

Agreed there can’t be true love unless together if love for them is sex and only sex.

 

2 hours ago, RickyG4445 said:

Also, how does having a job right now guarantee it the next day? Like a said, the laws in this country are a joke. And Im a 7th Generation American.....

Of course nothing is guaranteed the same way you can’t guarantee your fiance will marry you coming to US using K1. Does that mean the embassy shouldn’t issue K1 visa to your fiance at all? Laws are not meant to guarantee stuffs but to have a system in place, you follow, you are good or face the consequences.

[geowrian 22,335]

4 hours ago, RickyG4445 said:

Also, how does having a job right now guarantee it the next day? Like a said, the laws in this country are a joke. And Im a 7th Generation American.....

It does not guarantee anything. But somebody who has a stable job for years is much more likely to ensure a beneficiary will not become a public charge than somebody who only has a promise that they will be granted employment when they return. The CO looks at the totality of the circumstances and makes a public charge decision.

The US Government needs an actual assurance that somebody will be responsible for them and capable to provide for them so the general public is not left with the bill.

 

As you are not currently earning income (unpaid leave), your I-134 would have to claim $0 in current income.

You can get a co sponsor.

 

I'd suggest not waiting on filing AOS  -not just because advising somebody to violate immigration law by overstaying is against the TOS, but there's a few reports of ICE agents making visits now. Plus the usual risk anybody that overstays faces. The stress and financial costs if that happens is never worth it.

 

Whether you're a 7th gen USC, 15th gen USC, or 1st gen USC makes absolutely no difference. I don't even know why you would bring that up...?

Edited August 6, 2019 by geowrian

[carmel34 3,531]

At the interview in December or January or whenever it is, your fiancee will be asked for evidence of your current income.  Pay stubs from six months before the interview do not show current income.  Your choices are:

 

1. stay in the US during the K-1 process and continue to work as many hours as you can, with short visits to see her in the next six months

2. stay with her abroad during the K-1 process and find a qualified joint sponsor in the US, for this path you'll also need to show that you have or will have a US domicile

3. stay with her abroad and live permanently

 

Since you will have been living with your fiancee for five or six months before the interview, the officer will know you haven't been working in the US so there's no need to call your manager to verify it.

 

Public charge policy in immigration decisions is being more strictly enforced than ever before.  Some who make above the minimum poverty guidelines have been denied.  Even if you go for option #1, the visa may still be denied.  Unless you can find a job that pays better for the next 6 months, I recommend option #2.

 

Lying to an immigration officer or not filling out forms accurately can lead to serious consequences down the road, or option #3 could be your only option if you want to be together.

 

Good luck with your journey!

Edited August 6, 2019 by carmel34