Moved to US, then switched job- need co-sponsor? (split)

[DeniseL 13]

We are currently having the same trouble.

 

My husband lived in germany for about 20 years. We started the petition for me in October 2021. He moved to the US end of December and kept working for the same company, just in the US office.

Basically to show that he has US income.

He filed taxes for the past 4 years, even tho he did not earn enough to pay taxes in the US as well.

 

Our lawyer told us that NVC might consider this as a red flag for the affidavit of support, because he didn’t have US income the past few years…

But he has a viable reason for it.

 

Our lawyer recommended to look for a joint sponsor, just to be on the safe side. Because his experience is that such cases get denied.

 

He has paychecks available and just recently switched job because of health reasons within the previous company, however, he still makes more than the minimum requirement.

So why should they refuse…

 

Is there anyone who had such case and got approved?

I feel like he gets punished for living abroad because of his parents.

 

Also, I work for a US company, just in the german office. And I will continue working, I just got the verification letter.

I read that its possible to include my income as well into the AOS, since it will continue to come from the same source after entering the US.

Combined we would make more than double of the Income Requirments.

But our lawyer told us that NVC doesn’t like such cases, since the USC is supposed to show evidence of income to support, not the immigrant (which I think is ridiculous and outdated…).

 

Anyone can share their experience would really help to decide what to do.

All in on our own or still hoping someone would support with their signature.

We asked family and even my former hostmum (I was an AuPair once), but they’re either not having enough income or feel like its too much of a risk.

I don’t blame them, but its really frustrating.

 

Especially when kids are involved as well. Sitting here and getting asked when we can finally move to daddy is really painful.

This process is just a nightmare…

 

And just out of my experience now. Most people we talked to dont get the process. The comment they make is always “I don’t get it. You are married, why can’t they just come over!” 🤷🏻‍♀️🤷🏻‍♀️

[Mike E 11,723]

@DeniseL I disagree with your lawyer. And you should start your own thread. 

[Penguin_ie 5,985]

***  post split from other thread by other member.  Please ask questions about your own case in your own thread, as every situation is different *****

[DeniseL 13]

Thanks guys for splitting this. I thought not to spam the discussion thread list too much.

 

Anyone who has similar or same experience, please share your story and outcome.

Thanks!

[pushbrk 12,106]

8 hours ago, DeniseL said:

Thanks guys for splitting this. I thought not to spam the discussion thread list too much.

 

Anyone who has similar or same experience, please share your story and outcome.

Thanks!

A lot of members here have learned the process and issues, without experiencing each issue directly themselves. 😉

 

If you have evidence that the beneficiary's income will continue from the same source once in the USA, and that income alone is sufficient to qualify, that really IS all you need.  You won't be showing ANY past income from tax returns.  That will be zero.  Your husband's current income "that he is using to qualify...." will be zero.  You will add YOUR income and state it as the US income you will earn based on your "confirmation letter" from your employer.  

 

NVC does not make the final decision, but they "like" cases like yours just fine.  You'll clear NVC nicely if the I-864 is properly completed and the Consular Officer will understand and accept that there is no public charge issue, as you will be continuously employed by the same employer.

 

It is your lawyer that is giving ridiculous and outdated advice.

 

I cannot stress enough that in your situation, on paper, your husband has zero income. His paychecks mean nothing at all to your affidavit of support.  His income is ZERO in this context.  However, the Consular Officer will consider the totality of circumstances.  He'll know your husband has been constantly employed with a good income, and probably will soon be again in the USA.  They know that from the biographical information on the forms.

[maybeariadne 3]

Is the income of her current husband 0? He moved back to the US last December and is working for a US company in the US... Seems completely fine, there really is not much concern that his previous years taxable income was 0 due to being overseas, just fill those blanks in with 0 and the current income with the current income. Have payslips ready but it's not really an unheard of situation for the NVC so I wouldn't be too worried

Edited July 27, 2022 by maybeariadne

[pushbrk 12,106]

3 hours ago, maybeariadne said:

Is the income of her current husband 0? He moved back to the US last December and is working for a US company in the US... Seems completely fine, there really is not much concern that his previous years taxable income was 0 due to being overseas, just fill those blanks in with 0 and the current income with the current income. Have payslips ready but it's not really an unheard of situation for the NVC so I wouldn't be too worried

Ahh, missed that little section.  Yes, his "current income" DOES count and is stated as what his annual salary is.  No need for a joint sponsor.  Coming from Germany, not India, so past income is not much of a factor.

[DeniseL 13]

Thanks so much everyone!!! That really helped making this clear up a lot better.

 

My husband is scared that they will refuse and we would be separated even longer. But I said the entire time that there is no need for this since we both have income and are way over the minimum requirement.

 

Thanks again!!

[shytown 45]

+1 Thanks for the advice, this is also relevant to me in my situation. @DeniseL, you're a few steps ahead of me - can you please let us know what you encounter once they check your sponsorship eligibility?

[DeniseL 13]

4 hours ago, shytown said:

+1 Thanks for the advice, this is also relevant to me in my situation. @DeniseL, you're a few steps ahead of me - can you please let us know what you encounter once they check your sponsorship eligibility?

Sure absolutely!

We will file probably around August 15th once my husband gets his first paycheck.

He already got an employment verification letter.

I also got mine, printed my bank statements from the past 7 months and will also print all my paychecks from the past 6 months.

 

And then we will see.

[shytown 45]

15 minutes ago, DeniseL said:

Sure absolutely!

We will file probably around August 15th once my husband gets his first paycheck.

He already got an employment verification letter.

I also got mine, printed my bank statements from the past 7 months and will also print all my paychecks from the past 6 months.

 

And then we will see.

Thanks! Do they require you to show 6 month's worth of paychecks? I will be sponsoring my husband with my US-based job that I started recently (which exceeds the income requirements). It's likely we'll also get I-130 approved soon and I certainly won't have 6 months of income history in the US, nor did I earn enough while I was working in Germany to have paid US taxes.

[DeniseL 13]

13 minutes ago, shytown said:

Thanks! Do they require you to show 6 month's worth of paychecks? I will be sponsoring my husband with my US-based job that I started recently (which exceeds the income requirements). It's likely we'll also get I-130 approved soon and I certainly won't have 6 months of income history in the US, nor did I earn enough while I was working in Germany to have paid US taxes.

My husband is in the US since December and started working for the same company in January. But he wasn’t in their systems until March. Was a complete desaster!🙄

 

And now he switched to another company.

So he had US income since March, our lawyer said it would be hard because he is still on probation for 3 months.

But in my opinion, it doesn’t matter, because he has income and even after probation you could loose a job in a blink of an eye…. (just a thought).

 

Our lawyer wanted to have the last 2-3 months of paychecks from him and also bank statements, also an Employment verification letter.

And for my documents he requires 6 months of paychecks, bank statements and an Emplyment verification letter that states 

- my position

- how long I’ve been working for the company

- my current annual salary

- that I will continue to work in that position after entry in the US

- my future Salary

 

He basically collects more documents than required to be on the safe side.

[shytown 45]

1 minute ago, DeniseL said:

My husband is in the US since December and started working for the same company in January. But he wasn’t in their systems until March. Was a complete desaster!🙄

 

And now he switched to another company.

So he had US income since March, our lawyer said it would be hard because he is still on probation for 3 months.

But in my opinion, it doesn’t matter, because he has income and even after probation you could loose a job in a blink of an eye…. (just a thought).

 

Our lawyer wanted to have the last 2-3 months of paychecks from him and also bank statements, also an Employment verification letter.

And for my documents he requires 6 months of paychecks, bank statements and an Emplyment verification letter that states 

- my position

- how long I’ve been working for the company

- my current annual salary

- that I will continue to work in that position after entry in the US

- my future Salary

 

He basically collects more documents than required to be on the safe side.

Wow, that feels like a lot of proof to demonstrate when you both have good income? You're right, job security doesn't really exist in the US. I'm not an expert and I don't know the details, but to me it seems quite unlikely you'd get the visa denied over this.. 

[DeniseL 13]

9 hours ago, shytown said:

Wow, that feels like a lot of proof to demonstrate when you both have good income? You're right, job security doesn't really exist in the US. I'm not an expert and I don't know the details, but to me it seems quite unlikely you'd get the visa denied over this.. 

This is nothing compared to what we put in to demonstrate that our marriage is valid. Even tho married for 6 years and having 2 children. 😅

 

Our lawyer said he always collects more evidence than on the list, to make it a bullet proof case.

 

But in my opinion, this whole process is kind of weak and in a lot of things doesn’t make sense…., at least for some countries, when you get a tourist visa easily without having to show up at an embassy.

 

Also the medical before the interview.

The immigrant has to get an appointment at a certified doc. Gets checked, X-ray of the chest, blood sample and needs to show medical history and also a complete vaccination card…

To proof not having any contagious diseas or being a public case at some point.

But what about before being a tourist?! With ESTA, I was a few times in the country, and also with a J1 for 2 years. All times a medical wasn’t required. Nobody cared about a complete vaccination card or a medical before. In 3 weeks vacation (or 4 weeks Business trip) you can also spread a contagious diseas, like after immigrating.

But no, the medical will be another 1000$ on the list of fees you have to pay for this entire process.

 

And also the affidavit of support. Only address change is to report. After putting in the AOS, and approved, so much can change in a minute. But that seems to not matter anymore. So why having to do all this hustle about income… when you can also just collect a signature from US-Citizen as primary or co-sponsor….

 

Just a thought.

But well, it is what it is.

 

[shytown 45]

17 hours ago, DeniseL said:

This is nothing compared to what we put in to demonstrate that our marriage is valid. Even tho married for 6 years and having 2 children. 😅

 

Our lawyer said he always collects more evidence than on the list, to make it a bullet proof case.

 

But in my opinion, this whole process is kind of weak and in a lot of things doesn’t make sense…., at least for some countries, when you get a tourist visa easily without having to show up at an embassy.

 

Also the medical before the interview.

The immigrant has to get an appointment at a certified doc. Gets checked, X-ray of the chest, blood sample and needs to show medical history and also a complete vaccination card…

To proof not having any contagious diseas or being a public case at some point.

But what about before being a tourist?! With ESTA, I was a few times in the country, and also with a J1 for 2 years. All times a medical wasn’t required. Nobody cared about a complete vaccination card or a medical before. In 3 weeks vacation (or 4 weeks Business trip) you can also spread a contagious diseas, like after immigrating.

But no, the medical will be another 1000$ on the list of fees you have to pay for this entire process.

 

And also the affidavit of support. Only address change is to report. After putting in the AOS, and approved, so much can change in a minute. But that seems to not matter anymore. So why having to do all this hustle about income… when you can also just collect a signature from US-Citizen as primary or co-sponsor….

 

Just a thought.

But well, it is what it is.

 

You mean, you had to prove your marriage extensively to USICS? Or to your lawyer so he could prepare your application with convincing evidence? 
I think all these hoops USCIS asks you to jump through are just there to limit the amount of people that elect to go through this process each year. There are no quotas for marriage-based greencards issued to spouses of USC's, but they generally aim to limit immigration. Expenses aside, it's also a confusing and emotionally draining process.

When I applied in Germany for a marriage-based Aufenthaltstitel it was fast and easy. I think I got it issued in like 2 or 3 weeks. They asked my husband to go into a short "interview" with me but it was really just a 5 min appointment to collect his signature. There was none of this medical checkup nonsense because everyone's got health insurance, no demand to demonstrate the validity of your marriage or anything.