I-134 - COVID job loss and imminent interview

[MFL 0]

My fiance and I have applied for the K1 Visa 2 years ago. We finally got the interview date (March 24), however, I'm a bit worried because he lost his job 1 year ago due to COVID and has just gotten a new job that is starting March 7th. It's a good salary (way above poverty line) but I'm worried that his statements from the bank will not show any deposits in the last year due to him being unemployed. He also went through his savings during this time. Will this cause a denial? Should we be looking for a co-sponsor? 

 

I am Canadian and am currently employed with an authorization to telework so I will continue to get paid throughout this process. My plan is to bring proof that I can support myself until the day I can work legally in the US but knowing that this isnt something they take into account, I'm worried that his proof of employement isn't enough since they are looking at his bank statements during the last year.

[JeanneAdil 6,290]

you are not authorized to work on a K1 visa

u need to apply for the AOS,  EAD and AP to have the green card,,  work and travel outside the US

this is the big downfall of he K1 visa 

With a spouse visa ,  a person can work immediately

 

it will depend on CO if they accept his job but having  a joint sponsor lined up would be a good idea.

[MFL 0]

1 minute ago, JeanneAdil said:

you are not authorized to work on a K1 visa

u need to apply for the AOS,  EAD and AP to have the green card,,  work and travel outside the US

this is the big downfall of he K1 visa 

With a spouse visa ,  a person can work immediately

 

it will depend on CO if they accept his job but having  a joint sponsor lined up would be a good idea.

My job is with Canada, not USA. My plan is to quit my job once I get the authorization to work in the US. (and get a US based job)

 

Thanks for the info! 

[JeanneAdil 6,290]

1 minute ago, MFL said:

My job is with Canada, not USA. My plan is to quit my job once I get the authorization to work in the US. (and get a US based job)

 

Thanks for the info! 

to work it is the EAD and this takes months

u will live in the US and working is not allowed untill  u have this card even if work is out of the country 

 

An Employment Authorization Document (EAD) is an identification card that U.S. Citizenship and Immigration Services (USCIS) issues to certain qualifying foreign nationals to work in the United States. Many people refer to the card as a work permit. At USCIS, the Employment Authorization Document is known as Form I-766.

[AD1 58]

His job will start 3/7 so I think he will be fine. Make sure sure he gets document showing he is working now stating his current salary and the day he started his new job. But having a joint sponsor is a great idea for backup.

[mam521 1,835]

I would look for a co-sponsor just in case.  Montreal consulate is a challenging one.  

 

Unfortunately, you cannot telework while you're awaiting your work authorization, even if the job is in Canada.  If you wanted to be able to work immediately, a CR-1 would have been a better route to travel.  

[Boiler 43,841]

K1 is an odd choice in your situation, but probably too late to change.

 

You can try to expedite EAD but even if accepted will still take some time.

[MFL 0]

2 minutes ago, Boiler said:

K1 is an odd choice in your situation, but probably too late to change.

 

You can try to expedite EAD but even if accepted will still take some time.

Yes absolutely an odd choice. Unfortunately, I didn't do my research and now that we're 2 years into this and at the last step before the K1 visa, it's too late to change. This whole thing has been insane. 

[Rocio0010 5,577]

Always better to be on the safe side and have a joint sponsor lined up. If they don’t ask, you don’t need to disclose this information, but if they do, then of course you should be honest and present the co- sponsor documentation.

About your work, while you’re waiting on your EAD, you can’t work, either for a US company or for a foreign company. Work is not allowed until you have your EAD. Period. If the ability to work was a concern, then the choice should have been CR1. Too late to change now, but this is good advice for future applicants.

[Rocio0010 5,577]

22 hours ago, MFL said:

My plan is to bring proof that I can support myself until the day I can work legally in the US

Again, even if unauthorized work is forgiven for spouses of USC, this is something you should not be doing.

[MFL 0]

13 hours ago, Rocio0010 said:

Always better to be on the safe side and have a joint sponsor lined up. If they don’t ask, you don’t need to disclose this information, but if they do, then of course you should be honest and present the co- sponsor documentation.

About your work, while you’re waiting on your EAD, you can’t work, either for a US company or for a foreign company. Work is not allowed until you have your EAD. Period. If the ability to work was a concern, then the choice should have been CR1. Too late to change now, but this is good advice for future applicants.

I’m so glad I posted in this forum! I had no idea about this. I do read A LOT but I’ve never seen anything to that. Thank you so much. Do you know where I can find this information?
 

I have a question regarding the co-sponsor… it will be my fiancés dad. Since he is married, I assume that his wife’s name will be on the bank account statements. Will I therefore need a completed 1-134 for her as well? Or just his is ok?