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marie23

Spouse petitioner currently unemployed due to pandemic

By marie23 in Adjustment of Status from Work, Student, & Tourist Visas

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marie23 Newbie

marie23   0

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Hi everyone!  I hope somebody here can help me with my current dilemma. I turned in my AOS packet last month and got a RFE last week.  Basically, USCIS is requesting proof that my petitioner husband is currently employed.  We can provide his paystubs for the past 6 months as proof of his employment.  However, due to the pandemic he is currently out of work and is receiving unemployment income.  He will be returning to work once his company deems it safe for employees to return.  Do you think this is something the officer will consider or is it a ground for denial?  

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onek Proficient

onek   306

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Filed: IR-5 Timeline
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1 hour ago, marie23 said:

Hi everyone!  I hope somebody here can help me with my current dilemma. I turned in my AOS packet last month and got a RFE last week.  Basically, USCIS is requesting proof that my petitioner husband is currently employed.  We can provide his paystubs for the past 6 months as proof of his employment.  However, due to the pandemic he is currently out of work and is receiving unemployment income.  He will be returning to work once his company deems it safe for employees to return.  Do you think this is something the officer will consider or is it a ground for denial?  

Since your husband is not currently employed and unemployment money is not considered “income” for immigration purposes, you would need a joint sponsor who is currently working and meets minimum income requirements.

04/21/20: IR-5 Submitted Online 

04/21/20: NOA1 Issued online

04/27/20: NOA1 Received via postal mail from Texas Service Center

04/27/20: Touched

04/28/20: Case Transferred to California Service Center

05/14/20: Touched 

05/15/20: Touched 

07/01/20: Touched

07/06/20: Touched 

07/06/20: RFE Issued (not available online)

07/16/20: RFE Received in Mail

07/20/20: DNA Done in USA

08/09/20: RFE Partial Response Submitted Online

08/26/20: RFE Partial Response Submitted via mail

09/01/20: Touched

10/28/21: DNA test results Received by USCIS

11/12/21: NOA2

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Technically unemployment compensation does count as income, but it is not something any CO is going to consider to overcome the public charge decision. Get a joint sponsor.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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pushbrk Grand Master

pushbrk   12,133

Posted
Filed: Other Country: China
 Timeline
Posted
2 hours ago, marie23 said:

Hi everyone!  I hope somebody here can help me with my current dilemma. I turned in my AOS packet last month and got a RFE last week.  Basically, USCIS is requesting proof that my petitioner husband is currently employed.  We can provide his paystubs for the past 6 months as proof of his employment.  However, due to the pandemic he is currently out of work and is receiving unemployment income.  He will be returning to work once his company deems it safe for employees to return.  Do you think this is something the officer will consider or is it a ground for denial?  

If USCIS is sending the RFE instead of NVC, this is not a visa case.  "Past" pay stubs are not evidence of anything "current".  Please clarify if this is a visa case or you are adjusting status.  It makes a difference on how you will be properly advised.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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marie23 Newbie

marie23   0

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted (edited)

Thank you for your replies. :)  To answer your question pushbrk, USCIS sent the RFE and this is an adjustment of status.  Thanks in advance!

Edited by marie23
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pushbrk Grand Master

pushbrk   12,133

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Filed: Other Country: China
 Timeline
Posted
23 minutes ago, marie23 said:

Thank you for your replies. :)  To answer your question pushbrk, USCIS sent the RFE and this is an adjustment of status.  Thanks in advance!

Very well then. I'll notify "management" to move the topic to the Adjustment of Status forum.  Sounds like you'll need a joint sponsor for now, unless your spouse is employed again before the deadline.  If employed on interview day, you may be allowed to withdraw the joint sponsor's affidavit of support.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

* Moved from IR-1/CR-1 P&P forum to AOS from Work, Student, and Tourist Visa forum *

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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