Not having a job during K1 Interview

[Derek Scheyer 83]

Hey guys! My fiance and I are having a tough time during this covid situation as is most everyone else I'm sure. At a normal pace we should be getting pretty close to our interview stage and at this point we've used up all of our vacation pay for visits and didnt plan on doing any more. Also Canada has the 2 week quarantine in place so each time we want to visit its an entire month off work. We were thinking of her just coming to visit for like 4-6 months but were not sure if she would pass the interview for not having a job. Shes had her job for 9 years and has about 15k+ in her savings. Any thoughts on what we could do?

[powerpuff 5,892]

Having a job is not a requirement to pass an interview. She’s bringing the affidavit of support with her which should be sufficient (assuming your income meets the requirements).

[Derek Scheyer 83]

1 minute ago, powerpuff said:

Having a job is not a requirement to pass an interview. She’s bringing the affidavit of support with her which should be sufficient (assuming your income meets the requirements).

That's good news! I was under the impression that the new Public Charge rules would make her not having a job seem like a big negative. At least all the videos I watched about public charge made it seem that way.

[powerpuff 5,892]

5 minutes ago, Derek Scheyer said:

That's good news! I was under the impression that the new Public Charge rules would make her not having a job seem like a big negative. At least all the videos I watched about public charge made it seem that way.

I think you’re talking about form I-944 (Declaration of self sufficiency) which is filed with the AOS package after your fiancé gets to the US and you guys get married. She’d be unemployed at that moment anyway because she wouldn’t yet have the EAD. I don’t think the gap in employment would be problematic if she comes visits you because they take into account the totality of circumstances and considering your fiancé’s employment history, she should be fine 

Edited August 3, 2020 by powerpuff

[payxibka 10,044]

You are likely at least 10 months away from an interview and this assumes a quick resumption of visa services, which doesn't seem likely at the moment 

Edited August 3, 2020 by payxibka

[Derek Scheyer 83]

11 minutes ago, payxibka said:

You are likely at least 10 months away from an interview and this assumes a quick resumption of visa services, which doesn't seem likely at the moment 

Why would it be 10 months? Sometimes I feel like we should have filed for the spousal visa but everywhere it said the K1 visa would be quicker. We would already be married right now and the only reason we aren't is because we wanted to be together faster. =/

[payxibka 10,044]

23 minutes ago, Derek Scheyer said:

Why would it be 10 months? Sometimes I feel like we should have filed for the spousal visa but everywhere it said the K1 visa would be quicker. We would already be married right now and the only reason we aren't is because we wanted to be together faster. =/

Montreal had a six month backlog for regardless of visa type before covid.  Now its just getting longer.

[Derek Scheyer 83]

8 minutes ago, payxibka said:

Montreal had a six month backlog for regardless of visa type before covid.  Now its just getting longer.

Well that is discouraging =/ At least i'm not alone.

[SalishSea 16,770]

5 hours ago, Derek Scheyer said:

Sometimes I feel like we should have filed for the spousal visa but everywhere it said the K1 visa would be quicker.

No one could have predicted the impact of Covid.  The interview back up at Montreal would be the same for a spousal visa.

[Lucky2Lucky 2,526]

12 hours ago, Derek Scheyer said:

Hey guys! My fiance and I are having a tough time during this covid situation as is most everyone else I'm sure. At a normal pace we should be getting pretty close to our interview stage and at this point we've used up all of our vacation pay for visits and didnt plan on doing any more. Also Canada has the 2 week quarantine in place so each time we want to visit its an entire month off work. We were thinking of her just coming to visit for like 4-6 months but were not sure if she would pass the interview for not having a job. Shes had her job for 9 years and has about 15k+ in her savings. Any thoughts on what we could do?

Your fiancé needs enough income or assets to support you. 15k in the bank isn’t going to cut it if she becomes unemployed. Do you have a joint sponsor lined up? Otherwise her quitting her job is a bad idea.

[SteveInBostonI130 3,319]

I believe the OP's fiance is the beneficiary - Canadian.  Correct?  If so, her having a job or not has no real impact for the K1 visa.  The OP would need a job with 100% poverty line minimum for the I-134 at the time of her interview.

[NikLR 13,220]

15 hours ago, payxibka said:

Montreal had a six month backlog for regardless of visa type before covid.  Now its just getting longer.

The back log was for CR1/IR1 and other IV visas, but not for k1, But there will be a significant backlog for K1 once Montreal resumes interviews.  

[Derek Scheyer 83]

29 minutes ago, NikLR said:

The back log was for CR1/IR1 and other IV visas, but not for k1, But there will be a significant backlog for K1 once Montreal resumes interviews.  

So the backlog for K1 won't be AS long as 10 months? Speculatively

[Sarah&Facundo 576]

The beneficiary doesn't need to have a job. The sponsor does.

Yes, most embassies have been closed with a very significant backlog once things reopen. The original timeline will not be realistic at this time, unfortunately, since many services have not been operating.

[LibbyG99 65]

20 hours ago, payxibka said:

You are likely at least 10 months away from an interview and this assumes a quick resumption of visa services, which doesn't seem likely at the moment 

What makes you say 10 months?