Need help here..

[cEzYcHiC 0]

Hello my fellow VJ's.. Hope you could all help me with my concerns..

When I met my fiancee on 2007, he was still in college that time finishing up an associate degree. And I was a fresh graduate and reviewing for my licensure exam. When we finally became a couple, he got a job and had been there for over a year. He was still working with that job that he had when he started petitioning me for K1. Now, my fiancee got a wonderful offer from a job that pays much better than the job he had for over a year. So he resigned on his old job and started off with that job offer that pays him much better. Now since most companies at this time in the US are in recession, the manager who offered my fiancee the job told him that they have to lay him off for now. But will call him back as soon as there is any position that is available for him. They did gave him a lump sum of money amounting for the days that he had worked for. So, with a snap of a finger, he is unemployed right now.

My question is: WILL THIS AFFECT ME DURING MY INTERVIEW? I already have an appointment for my USE interview on the Jan 9 and very much worried right now.

My only proof of his income are his paystubs from Jan08 - Oct 08 since he resigned from this job by Oct 30 08 and took the other job last Nov 1 08 and got laid off 2nd week of Dec 08. I also have his 07 ITR and W2 and his bank statement from Aug 08-Oct 08 showing that his old job is depositing his earnings in his bank account. And his income is above the poverty level. He earns around $30-40 K a year. He wasn't able to get a certificate of employment before he resigned since he doesn't want anybody from his work knows that he'll be using it for my fiancee visa.

Plus..

I have filled up a DS form about me intending to work there. And I just read a post here recently that upon the interview, never mention about work and kids because of me having a K1 visa. So, how am I supposed to answer it..?

Hope you could help me out guys.. I'd really appreciate it.

Thanks!

[SunDrop 59]

At a guess, I would say that your difficulty will come if/ when they ask you about his employment. He is not currently employed and so saying that he is will be lying to the USCIS - very bad idea!

Saying that he isn't means that he doesn't meet the requirements to sponsor you, so I'd imagine you'd have an extremely high chance to be refused on the grounds of insufficient sponsorship.

If I were you, I'd set about getting a co-sponsor very quickly and making sure that your USEM is one that accepts co-sponsorship. Alternatively, he might need to think about trying to get ANY work, even if it means working several jobs, to meet the minimum income of $18,000 for 2 people (assuming it's just the 2 of you).

It doesn't matter that he's just changed jobs, it does matter that he doesn't have one. You will of course then need recent payslips or a statement from his new employer/s about his income levels.

You might try and see if you can move your appointment back, in light of the circumstances.

Thinking of you both in this situation, hope it works out for you.

[dbears 1]

I have filled up a DS form about me intending to work there. And I just read a post here recently that upon the interview, never mention about work and kids because of me having a K1 visa. So, how am I supposed to answer it..?

Hope you could help me out guys.. I'd really appreciate it.

Thanks!

Why not try to get a co-sponsor say his parents or anybody he knows who can co-sponsor you.

Regarding the next question, I answered DS 156 question 32 with YES (clicked on it) then "With work authorization, employer unknown" just the way the sample form here on vj says: http://www.visajourney.com/examples/Form-DS-156.pdf

K1 visa may be non-immigrant visa but it is treated as immigrant visa because there is intention of becoming an immigrant by virtue of marriage to the USC petitioner and along with it, the intention of working later, with work authorization of course, to help your spouse with expenses and everything. I also had to tell embassy consul and all embassy people i came in contact with during interview about my kids, in fact they were with me during interview... and they are actually with me now here in North Carolina so I don't see why you "should never mention anything about intention to work nor about your kids (if you have any)"... if you have kids and you don't want to bring them with you, you still need to write their names down on some of the forms.

Bottom line, when it comes to your immigration process, you should be as honest as you can be to avoid any consequences later. Hope this helps.

God bless and Maligayang Pasko.

Edited December 22, 2008 by dbears

[cEzYcHiC 0]

I have filled up a DS form about me intending to work there. And I just read a post here recently that upon the interview, never mention about work and kids because of me having a K1 visa. So, how am I supposed to answer it..?

Hope you could help me out guys.. I'd really appreciate it.

Thanks!

Why not try to get a co-sponsor say his parents or anybody he knows who can co-sponsor you.

Regarding the next question, I answered DS 156 question 32 with YES (clicked on it) then "With work authorization, employer unknown" just the way the sample form here on vj says: http://www.visajourney.com/examples/Form-DS-156.pdf

K1 visa may be non-immigrant visa but it is treated as immigrant visa because there is intention of becoming an immigrant by virtue of marriage to the USC petitioner and along with it, the intention of working later, with work authorization of course, to help your spouse with expenses and everything. I also had to tell embassy consul and all embassy people i came in contact with during interview about my kids, in fact they were with me during interview... and they are actually with me now here in North Carolina so I don't see why you "should never mention anything about intention to work nor about your kids (if you have any)"... if you have kids and you don't want to bring them with you, you still need to write their names down on some of the forms.

Bottom line, when it comes to your immigration process, you should be as honest as you can be to avoid any consequences later. Hope this helps.

God bless and Maligayang Pasko.

I appreciate the reply dbears BUT..

My fiance doesn't want a co-sponsor.

He doesn't even like asking help from his parents cause his parents doesn't even know that I'm coming to the US from a K1 visa.

All they know is I'm on a working visa.

He doesn't want his parents to think that I'm only using him for me to be there and be with him. (which is NOT true..I LOVED HIM thats why I'm moving with him)..

I know he is taking care and protective of me and what the people might think or say about me when I'm there if I got into a K1 visa.

And this is REALLY driving me nuts..

WHAT SHOULD WE DO..? Do I have the enough proofs of his income that may substantiate the I-130? Please help, guys!

[RadzNSteve 0]

wow sorry to hear all that cezychic. I wish i knew an answer but I dont. But maybe if he can find sometype of job now to work until the other job can put him back to work. The old imcome will show for the last year and you can honestly say he got laid off but is working a new job now maybe that might help. Good luck to you,

[DEDixon 39]

He should get as many jobs as it takes to qualify, however remember that you'll need airfare to America, maybe airfare to Manila for medical, hotel, food and transportation for a few days while you are getting the medical, maybe airfare back home and the airfare and hotel, food and transportation again for interview and also the medical costs money too.

Unless he has a nice savings or you can fund the immigration costs, he will need a job not only to fund all things related to your immigration processing, but also to support you upon arrival.

[cEzYcHiC 0]

He should get as many jobs as it takes to qualify, however remember that you'll need airfare to America, maybe airfare to Manila for medical, hotel, food and transportation for a few days while you are getting the medical, maybe airfare back home and the airfare and hotel, food and transportation again for interview and also the medical costs money too.

Unless he has a nice savings or you can fund the immigration costs, he will need a job not only to fund all things related to your immigration processing, but also to support you upon arrival.

We already had those taken care of. My medical, hotel stay for Manila and my airfares going there with him..

[vichygurl 1]

I'm sorry to hear that! I suggest...

Co-sponsor -- I understand that he doesn't want to have one but got no choice this time even if he can show off lots of assets and even bank accounts..if not a family then probably a very close friend? though I suggest you should get a family member.

My husband was laid off 5 days after my interview..what a blessing! despite the fact that he was above poverty line for 2 people that time we still had a co-sponsor. I was granted a visa 8 days after my interview.

If your fiance could find a job before your interview date that would be great! You could honestly say that your fiance has been laid off in your interview if ASK!

Best of luck and Merry Christmas!

Vida Taylor

Edited December 23, 2008 by blukiss24