Affadavit of Support-length of employment?

[TayL 0]

My fiancé has been with his current company since July. He has job security, etc and makes around 27 000 a year before taxes. His long-term prospects include a promotion in the works in the new year and stuff. Prior to this job, he was unemployed from April through July after the expiry of his contract with a pipeline surveying company. He chose not to collect unemployment during that time. Because the contract was short, he didn't make much money (only a few thousand dollars) and he was unemployed prior to that for a little while.

If nothing goes wrong (and it seems unlikely that it would) causing him to lose his job, do you think that we require a cosponsor? Or has he not had a long-enough term position? We're planning on putting in our application in April and he will have made more than enough money in the past twelve months by that point. I'm a little unclear on the whole thing. I mean, he makes more than enough money to support me and he's got a raise coming, but how long will they want him to have been in that position before he can be a sponsor on his own? We can get cosponsors if we need them, just trying to sort out what exactly we need. (I'm the organized one in our relationship)

[JANETandLYLE 11]

My fiancé has been with his current company since July. He has job security, etc and makes around 27 000 a year before taxes. His long-term prospects include a promotion in the works in the new year and stuff. Prior to this job, he was unemployed from April through July after the expiry of his contract with a pipeline surveying company. He chose not to collect unemployment during that time. Because the contract was short, he didn't make much money (only a few thousand dollars) and he was unemployed prior to that for a little while.

If nothing goes wrong (and it seems unlikely that it would) causing him to lose his job, do you think that we require a cosponsor? Or has he not had a long-enough term position? We're planning on putting in our application in April and he will have made more than enough money in the past twelve months by that point. I'm a little unclear on the whole thing. I mean, he makes more than enough money to support me and he's got a raise coming, but how long will they want him to have been in that position before he can be a sponsor on his own? We can get cosponsors if we need them, just trying to sort out what exactly we need. (I'm the organized one in our relationship)

I personally would keep this real simple: Ask yourself one main question. Did he make have enough income to qualify for the last three years? If he did not have nough income for one or more of those years, can he show assests. Read the instructions carefully. If the income wasn't there then i believe he needs to show assests to balance it all out. You mention for some of this time he was unemployed. I believe it will depend on how long a time period your really talking. If you really believe that you may be needing a sponsor, then you guys probably will need one. The span of him being "unemployed" from April to July I don't think is a big deal. The you mention the contract "was short". Then you say, he was unemployed prior to that for a little while. If I had to guess, unless he can show the required income levels for the past three years, he will need to have a sponsor. Your justifying the situation at current which is fine, but he must be covered for the past three years, not just at the current time frame. Good Luck...

[KimandRuss 0]

Getting a visa through the Philippines is a much different process than getting it through one of the Embassy's in Canada.

Most Embassy's will only ask for one year's tax transcripts now.

The Embassy is most likely going to care only that he is making that income now and that that income will continue for the foreseeable future. His work record and past tax transcripts will show that he is able and willing to work. As long as his job is secure and he meets the 125% you will probably not need a co-sponsor.

However, to put your mind more at ease, you will want to check with the Embassy and/or ask in the Canadian Regional forums here where you are sure to find all the answers you need regarding the process in Canada.

[TayL 0]

So if they decide that his income and assets are insufficient, will they typically refuse you straight out, or are they more likely to say "We need you to get a cosponsor?" Like, are we screwed if we don't submit one and then they want one, or can we submit one after they ask for one?

[KimandRuss 0]

If his income is sufficient there is no need to provide information regarding bank statements and/or assets.

If they decide that he does not meet the requirements then you will be asked to get a co-sponsor. It's not like they just say..."no"....well, not in Canada anyway.

It's also important to understand that the I-134 has no real legal standing. Although fighting a decision based on this would probably take you longer than a new visa. Most Embassy's will use the guidelines set by the I-864 (affidavit filed at AOS) to make their decision. This is one reason why some Embassies are more stringent in their decision making than others.

[TayL 0]

Well, the not needing to specifically show his bank statements thing is good, considering he's about to buy a new car since his is dying and he wants to put most of his "saving" money from each cheque onto it so that he can pay it down quickly, which makes sense to me. Interest rates'll kill you if you let it draw out too long. It means, however, that his savings will be depleted after the car.

[Anh map 2,098]

What is his earnings history? Was his income in 2007 above the 125%? In 2006? If so, his earnings history is good. Unemployment happens. Like others have said, if the prospects for continued employment is good then things should be fine.

[TayL 0]

He didn't make 125% in 2007 because he was in school for most of the year (we're fairly young, he'll be turning 20 in April, which is part of why we want to wait to even apply until then--we don't want the whole teenage marriage thing going on cause it just seems weird to me). Like I said, we can get the co-sponsor if we need it, it would just be much simpler if we didn't and I'm trying to sort out exactly what we need from who so that we can just get it all together when it's asked for and stuff and have plenty of warning. His prospects with his current company are very very good--they're expanding right now and they're putting in another shift. He's likely to be promoted to lead of the new shift, which comes with a good raise.

[KimandRuss 0]

Again, if you are both of age, both legally free to marry, and he is currently making enough money NOW and for the foreseeable future then you should be all set in Canada.

Just FYI... the petition part of this process is currently taking 4-6 months, interviewing in Canada could take several more. You will have 6 months to enter the US with a K-1 visa and then 3 more in which to marry.

Be sure to consider these timelines when choosing when is best to file.

[TayL 0]

We've considered at length. (I'm actually older than him) Our decision to wait until April is motivated by many factors--his birthday, which we feel would be an auspicious date to send in our papers; he's looking for a new place to live because his warehouse is moving as part of the shift changes; we're getting our families' support (his family doesn't want him marrying a foreigner, mine doesn't want me leaving Canada); waiting until his job stabilizes fully, because they're currently undergoing a bunch of changes with the new shift and his boss is run off his feet right now so we want to give the poor man some time and the fact that we want a commercial boarding pass for "proof of meeting." (One of his friends is a pilot and flies friends for the cost of fuel. We want to have a commercial boarding pass, though, to make it easy and effective to prove. He's coming up here in February, for my 22nd birthday, to make sure we have that and so that we get to spend my birthday together.)

Edited December 6, 2008 by TayL

[KimandRuss 0]

It sounds like you have really thought this through and are preparing the best you can. That's great! Not everybody goes into this so prepared.

You've found a great resource in VJ! With all the time you have before you file you can read up and educate yourself as much as possible to the process both here in the States and in Canada. (do be sure to visit the Canadian Regional section of VJ)

We had years to wait out a long divorce before I could petition for my now husband, so we did the same. Learned all we could to make the process as seemless as possible... and it has served as invaluable to us.

Much luck to you both!

[TayL 0]

Well, I do more thinking than him. He's a good man, very smart, but reading through forms and huge amounts of info contained in forums isn't his idea of a good time when he gets in from work. He'd rather play those building games where you have like, rods and wheels and stuff and you work in a physics sim to build devices to complete tasks. I'm only working part time, so it makes sense to try and get all our ducks in a row, so to speak. Sometimes, he gets home from work and I've got about a three page report for him.

Which reminds me, actually, so long as he signs it and checks it over, does it actually matter who writes/types the information into the forms? Like, if you can hire a lawyer, I'm assuming that said lawyer would fill out the forms for you and you just check it and sign it. So would they get grumpy if I sat and filled in the forms, then sent them to him for signing, do you think?

[KimandRuss 0]

They don't care who fills the forms out. I did most of ours as well. There are all different kinds of 'smart'.

Use the example forms here on VJ to help you fill them in. Be sure to read all the GUIDES and FAQ as well.

[TayL 0]

Been reading. A LOT. I think I've also read the entire USCIS site. O.o That was a boring read, let me tell you. But we looked over all the visas before deciding on the K-1, so it was worth reading. There are very few things I'm not sure of--his income was one and another has to do with the certs they need for my mental health, but I'm thinking I can get those by having an eval done by a psychiatrist (I was treated in inpatient, no follow up care by the admitting doctor and haven't required any care since. Had a counselor at the time, but moved. Need to get my records of admission and stuff from the hospital I was in, methinks.) in my area to figure out what my current "prognosis" is. But I don't think I need that until we get to the point where I have to give the information to the medical people, which is nearly a year off (not that I intend to put it off!).

[rmncm 0]

All that matters is if his income right now is enough. In my case, I have not had any real income in over 3 years...I was a student while recovering from a knee injury. 1 1/2 years ago I had a accident at work and was on workers comp for a year. My last 3 years of taxes showed $6000, $8000 and $5000 in income for 3 year. I found a job that I can do with my medical limitations and am making $50,000 a year. Heck I had been working 2 weeks and had a 1 week paycheck when I filed the I-864 and no income for a year and was approved. He should be fine, just make sure his employer gives a statement about his long term potential.