Leaving my job to visit my spouse?

[Anmol Yash 55]

Hi!

I am not sure which forum is this best suited to, but I have a question:

 

I (USC) would like to go visit my husband in India around the time he has his interview. Our family wants us to have a religious ceremony around August, and we're looking at Nov for the interview hopefully, (but I'm not sure how long it will take and I don't know if I'll be able to leave work that long)

 

My question is, can I leave my job to be with him for about 2-3 months? Common sense and everything I've read on this process tells me I can't be unemployed. Will I need to have another job offer in hand with a start date and a signed contract/salary to show that I can still sponsor my husband?

 

I can't just be in India for a few months and not have a job, even though my tax transcripts for the last three years will be well above the poverty line?

 

Sorry if this makes your eyes roll, and thanks for all input in advance

[Boiler 43,433]

Do you have a joint sponsor?

[Anmol Yash 55]

9 minutes ago, Boiler said:

Do you have a joint sponsor?

I don't, because if I continue with my job, I won't need one. I make over 80k a year so I hadn't thought of getting a joint sponsor.. 

[Boiler 43,433]

You said you were leaving your job?

[Anmol Yash 55]

4 minutes ago, Boiler said:

You said you were leaving your job?

So...

 

1 hour ago, Anmol Yash said:

 (USC) would like to go visit my husband in India around the time he has his interview. 

 

My question is, can I leave my job to be with him for about 2-3 months?

 

Edited January 6, 2020 by Anmol Yash

[aleful 1,905]

hi

 

you already know the answer, you can't be unemployed if you don't have a joint sponsor. no job offer,  you need to be employed or have a joint sponsor

 

 

[Anmol Yash 55]

Just now, aleful said:

hi

 

you already know the answer, you can't be unemployed if you don't have a joint sponsor. no job offer,  you need to be employed or have a joint sponsor

 

 

Got it, just wanted to make sure that was the case. Thanks!!

[Suze1 366]

Or you could use assets in lieu of income.

But you have to show that you can support him, via your existing and continuing income and/or assets, or a joint sponsor with sufficient income and/or assets.

And you must be able to satisfy the domicile requirement (meaning that you did not give up your residence in the US, or show that you plan on reestablishing it if you did.)

Edited January 6, 2020 by Suze1

[pushbrk 12,106]

You qualify based on current income. If you have no job, you have no current income.  For Mumbai, you also need 3 years of qualifying PAST income, but that will not make up for "current income".  A job offer won't keep you from stating $0 current income on your affidavit of support.  If you leave work AFTER your affidavit is accepted, you MIGHT be OK, but only if your spouse is NOT asked about your "current employment" at the interview.  He must tell the truth if asked, and that will kill your sponsorship.

 

"I want" and "My family wants" are not things considered by Consular Officers in making decisions.

[carmel34 3,531]

Just take a week or two off for vacation and go visit him as often as you can while keeping your job.  No need to quit your job as that makes it very difficult to sponsor.  Avoids the hassle of getting a joint sponsor.

[Anmol Yash 55]

9 hours ago, pushbrk said:

You qualify based on current income. If you have no job, you have no current income.  For Mumbai, you also need 3 years of qualifying PAST income, but that will not make up for "current income".  A job offer won't keep you from stating $0 current income on your affidavit of support.  If you leave work AFTER your affidavit is accepted, you MIGHT be OK, but only if your spouse is NOT asked about your "current employment" at the interview.  He must tell the truth if asked, and that will kill your sponsorship.

 

"I want" and "My family wants" are not things considered by Consular Officers in making decisions.

I completely understand that, thank you! That's what I thought as well, wanted to make sure I had it right

 

You mentioned 3 years of qualifying past income? I didn't know I needed that 😨 

My income for 2018 and 2019 qualifies but I started working end of 2017 so I don't have any income for that year. Will I need a joint sponsor?

[Anmol Yash 55]

10 hours ago, pushbrk said:

You qualify based on current income. If you have no job, you have no current income.  For Mumbai, you also need 3 years of qualifying PAST income, but that will not make up for "current income".  A job offer won't keep you from stating $0 current income on your affidavit of support.  If you leave work AFTER your affidavit is accepted, you MIGHT be OK, but only if your spouse is NOT asked about your "current employment" at the interview.  He must tell the truth if asked, and that will kill your sponsorship.

 

"I want" and "My family wants" are not things considered by Consular Officers in making decisions.

Item Numbers 23.a. - 25. Federal Income Tax Return Information. You must provide either an Internal Revenue 
Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most 
recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you 
may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.
You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a 
Government official; a plain transcript or photocopy is acceptable. 
Do not submit copies of your state income tax returns. Do not submit any tax returns that you filed with any foreign 
government unless you claim that you were not required to file a Federal individual income tax return with the United 
States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not 
subject to tax in the United States.
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every 
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS 
transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return 
with your spouse and are qualifying using only your income.
 

[pushbrk 12,106]

5 hours ago, Anmol Yash said:

I completely understand that, thank you! That's what I thought as well, wanted to make sure I had it right

 

You mentioned 3 years of qualifying past income? I didn't know I needed that 😨 

My income for 2018 and 2019 qualifies but I started working end of 2017 so I don't have any income for that year. Will I need a joint sponsor?

It's not a hard and fast rule.  You'll probably be OK with just two prior qualifying years, if you are making far over the required minimum.

4 hours ago, Anmol Yash said:

Item Numbers 23.a. - 25. Federal Income Tax Return Information. You must provide either an Internal Revenue 
Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most 
recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you 
may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.
You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a 
Government official; a plain transcript or photocopy is acceptable. 
Do not submit copies of your state income tax returns. Do not submit any tax returns that you filed with any foreign 
government unless you claim that you were not required to file a Federal individual income tax return with the United 
States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not 
subject to tax in the United States.
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every 
Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS 
transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return 
with your spouse and are qualifying using only your income.
 

Is there a question associated with the above?

[rrobin0609 387]

5 hours ago, Anmol Yash said:

You mentioned 3 years of qualifying past income? I didn't know I needed that 😨 

My income for 2018 and 2019 qualifies but I started working end of 2017 so I don't have any income for that year. Will I need a joint sponsor?

You'd be fine for those since your current income is $80k+

I had to show my income for 2015 and 2016 when I was a student and made under $12k. But my income for 2017 was $45k+ so it didn't matter.

[pushbrk 12,106]

Just now, rrobin0609 said:

You'd be fine for those since your current income is $80k+

I had to show my income for 2015 and 2016 when I was a student and made under $12k. But my income for 2017 was $45k+ so it didn't matter.

Mumbai is not London, but current income plus two years qualifying will probably work for a young person.  It's a judgment call.  Mumbai looks at things differently that most other IV units.