Preparing for The Fact My Partner (Sponsor) Is Unemployed

[grapenoodle 25]

Hi everyone,

 

We haven’t received NOA2 yet but I’m trying to prepare as much as possible for it to speed up the process. I have a few questions. My husband is unemployed and has been for some time; I provide for us both and our son. He has no tax returns. He is keen to work but right now he is on a visitor visa here in the UK (as he has been for almost a year now) so we can be together and he isn’t eligible to work here. 
 

Firstly, I just listed him as unemployed on our I-130 – is this likely to result in RFE or they will just expect us to use a sponsor?

 

Secondly, with his mum as our sponsor, will it be sufficient to provide all of her tax returns? I know my husband will have to fill out the relevant form as well but will it still fly without any supporting tax returns? Do we have any success stories of unemployed sponsors? It makes me nervous. Will the fact that I make good money from my own business (which I intend to operate and register from within the US when we move) make any difference later down the line, say at my interview?

 

Thirdly, is it worth him going back to the US ahead of time to work in support of our application? Knowing of course he still wouldn’t have a tax return in the timeframe but some evidence of working. This would be very difficult for either one of us to be separate from our 7-month old son for any extended period. 
 

Thank you 💞

[pushbrk 12,150]

6 minutes ago, grapenoodle said:

Hi everyone,

 

We haven’t received NOA2 yet but I’m trying to prepare as much as possible for it to speed up the process. I have a few questions. My husband is unemployed and has been for some time; I provide for us both and our son. He has no tax returns. He is keen to work but right now he is on a visitor visa here in the UK (as he has been for almost a year now) so we can be together and he isn’t eligible to work here. 
 

Firstly, I just listed him as unemployed on our I-130 – is this likely to result in RFE or they will just expect us to use a sponsor?

 

Secondly, with his mum as our sponsor, will it be sufficient to provide all of her tax returns? I know my husband will have to fill out the relevant form as well but will it still fly without any supporting tax returns? Do we have any success stories of unemployed sponsors? It makes me nervous. Will the fact that I make good money from my own business (which I intend to operate and register from within the US when we move) make any difference later down the line, say at my interview?

 

Thirdly, is it worth him going back to the US ahead of time to work in support of our application? Knowing of course he still wouldn’t have a tax return in the timeframe but some evidence of working. This would be very difficult for either one of us to be separate from our 7-month old son for any extended period. 
 

Thank you 💞

Ultimately, it will be the Consular Officer's decision after considering the totality of circumstances including your husband's employability and yours.  Each affiant must either provide information from three tax returns, and a copy of the latest or explain why they were not required to file them.  Of course, it will help for him to return to the US and get a job but if his mum is well qualified and the rest looks good, probably not an issue.  Did your husband have a good full time job before he came to live with you in the UK?  Makes a big difference.  You said unemployed or "some time".  What does that mean exactly?

 

[JFH 12,189]

I went through the London embassy in 2016 and my husband was unemployed at the time. We obviously had a joint sponsor and this was accepted. I also had a job lined up waiting for me when I arrived. But ultimately it’s the CO’s judgement call. Just because mine was accepted doesn’t guarantee yours will be. 
 

Does he have a job to return to? Have you started networking to see what the employment market looks like for your field? The best thing to do may be to send him home to the US ahead of you and he then gets a job in time for your interview. None of us wants to be apart but a few months apart for a better chance of success at the interview never killed anyone. Military spouses regularly endure longer separations. 

Edited May 31, 2020 by JFH

[grapenoodle 25]

13 minutes ago, pushbrk said:

Ultimately, it will be the Consular Officer's decision after considering the totality of circumstances including your husband's employability and yours.  Each affiant must either provide information from three tax returns, and a copy of the latest or explain why they were not required to file them.  Of course, it will help for him to return to the US and get a job but if his mum is well qualified and the rest looks good, probably not an issue.  Did your husband have a good full time job before he came to live with you in the UK?  Makes a big difference.  You said unemployed or "some time".  What does that mean exactly?

 

Thank you so much for your response. He was not in official employment when we met. He was doing bits of things like handiwork, cleaning, deliveries and Uber.  I think the last time before that was at a gym or as a server maybe 3-4 years ago. I am aware obviously he should still have filed a tax return for this sort of work but he didn’t so I think we both know this has potential to cause some issues. I’m not sure if this will actually halt my application or is something we can resolve at the time?

Edited May 31, 2020 by grapenoodle

[grapenoodle 25]

3 minutes ago, JFH said:

I went through the London embassy in 2016 and my husband was unemployed at the time. We obviously had a joint sponsor and this was accepted. I also had a job lined up waiting for me when I arrived. But ultimately it’s the CO’s judgement call. Just because mine was accepted doesn’t guarantee yours will be. 
 

Does he have a job to return to? Have you started networking to see what the employment market looks like for your field? The best thing to do may be to send him home to the US ahead of you and he then gets a job in time for your interview. None of us wants to be apart but a few months apart for a better chance of success at the interview never killed anyone. Military spouses regularly endure longer separations. 

This is really helpful, thank you. We could definitely get something lined up and I’m not opposed to him going back, I just think we would struggle to decide who gets to stay with our son. My business operates online so it should actually continue to run the same when we move. In fact, a large proportion of my clients are American. 

[pushbrk 12,150]

3 minutes ago, grapenoodle said:

Thank you so much for your response. He was not in official employment when we met. He was doing bits of things like handiwork, cleaning, deliveries and Uber.  I think the last time before that was at a gym or as a serve maybe 3-4 years ago. I am aware obviously he should still have filed a tax return for this sort of work but he didn’t so I think we both know this has potential to cause some issues. I’m not sure if this will actually halt my application or is something we can resolve at the time?

He can file the tax returns NOW.  No need to wait.  He may well not owe any taxes, as a self employed person.

 

The place to start your "preparation" on this issue is for both of you to carefully study both the I-864 form AND it's separate instructions.  Critical to your ultimate success.

 

[pushbrk 12,150]

2 minutes ago, grapenoodle said:

This is really helpful, thank you. We could definitely get something lined up and I’m not opposed to him going back, I just think we would struggle to decide who gets to stay with our son. My business operates online so it should actually continue to run the same when we move. In fact, a large proportion of my clients are American. 

Note that him returning to self employment will not help.  It isn't considered income until it appears on a tax return and business expenses are deducted.  Until then, it is just "revenue".  If your business is profitable and your income will continue from the same source once you're in the US, then YOUR income can be used to qualify, if it's enough.  Get to studying form and instructions.

 

[grapenoodle 25]

4 minutes ago, pushbrk said:

He can file the tax returns NOW.  No need to wait.  He may well not owe any taxes, as a self employed person.

 

The place to start your "preparation" on this issue is for both of you to carefully study both the I-864 form AND it's separate instructions.  Critical to your ultimate success.

 

 

2 minutes ago, pushbrk said:

Note that him returning to self employment will not help.  It isn't considered income until it appears on a tax return and business expenses are deducted.  Until then, it is just "revenue".  If your business is profitable and your income will continue from the same source once you're in the US, then YOUR income can be used to qualify, if it's enough.  Get to studying form and instructions.

 

Massive help, thank you. I’m studying now!

[SalishSea 16,825]

48 minutes ago, grapenoodle said:

We could definitely get something lined up and I’m not opposed to him going back, I just think we would struggle to decide who gets to stay with our son.

Just FYI you won't be able to enter the US on an immigrant visa without your husband.  He either needs to be here ahead of you, or with you on the same flight.

[os306 103]

I''m slightly confused. I thought the financial requirements for the petitioner aren't relevant to the I-130 petition, so there's no reason why you would receive an RFE because your spouse is unemployed. However, once the I-130 petition is approved, then financial requirements do come into play for the purposes of form I-864. If you are using a joint sponsor (your mother-in-law), then assuming her income exceeds the threshold for her household size, then the financial requirements would be fulfilled. Your mother-in-law would need to provide her most recently-filed tax transcript (ideally the past three years' worth of transcripts to be on the safe side). As pushbrk mentioned, your spouse should backfile his taxes now so that he has his transcripts available in time for your interview (regardless of what his income is).

 

The thing you need to do is convince the Consular Officer that you would not become a public charge. Although a sufficient I-864 goes a long way towards this, other factors are also considered (age, health, education, skills, financial resources). If your husband is not going back to the US ahead of you and won't be employed there at the time of your interview, then a credible US offer of employment for yourself or your husband would help. I don't know how this would work if you have your own business - perhaps showing that you have taken steps towards moving the business and registering it in the US would help; however, I am not sure how much of this would be possible before you actually have an immigrant visa. Hopefully someone else with more experience can advise.

 

Good luck!

Edited June 1, 2020 by os306

[Wuozopo 4,285]

13 hours ago, grapenoodle said:

I know my husband will have to fill out the relevant form as well but will it still fly without any supporting tax returns?

His I-864 will not fly without including his most recent tax return or a valid reason why he was not required to file. If he was unemployed for the entire tax year 2019,  then a signed statement saying “I was living in the United Kingdom from [dates] and not allowed to work.  I earned $0.00 in tax year 2019 and was not required to file”.  If he had employment in the two previous years (or 2019) he needs to file each of those returns ASAP.