Is it ok to be unemployed while trying to bring Fiance to the US?

[Kristin&David 0]

Hello,

My Fiance and I just filed our I 129 last week. I had to put unemployed as my current job status on the G-325. I have a degree in Photography but I'm living with my parents and have no "real" job at the moment (mostly unpaid assisting other photographers in order to prepare for starting my own studio in the future). I don't really have much money of my own at the moment so I don't think I meet the requirements for the I-134 needed but my parents (who I am living with) are fairly well off and willing to fill out a I-864 affidavit of support for my Fiance. Also, my Fiance has a Master's degree and works as an engineer so he has plenty of his own assets and does not actually need my financial support.

My question is, will my unemployed status affect the outcome of our K1 application? Or will they take into account that he can support himself or that my parents can?

Thanks for your help!

[Dakine 26]

Hello,

My Fiance and I just filed our I 129 last week. I had to put unemployed as my current job status on the G-325. I have a degree in Photography but I'm living with my parents and have no "real" job at the moment (mostly unpaid assisting other photographers in order to prepare for starting my own studio in the future). I don't really have much money of my own at the moment so I don't think I meet the requirements for the I-134 needed but my parents (who I am living with) are fairly well off and willing to fill out a I-864 affidavit of support for my Fiance. Also, my Fiance has a Master's degree and works as an engineer so he has plenty of his own assets and does not actually need my financial support.

My question is, will my unemployed status affect the outcome of our K1 application? Or will they take into account that he can support himself or that my parents can?

Thanks for your help!

Nice parents! You should get by with them signing the I-134.

[SunDrop 59]

Hello,

My Fiance and I just filed our I 129 last week. I had to put unemployed as my current job status on the G-325. I have a degree in Photography but I'm living with my parents and have no "real" job at the moment (mostly unpaid assisting other photographers in order to prepare for starting my own studio in the future). I don't really have much money of my own at the moment so I don't think I meet the requirements for the I-134 needed but my parents (who I am living with) are fairly well off and willing to fill out a I-864 affidavit of support for my Fiance. Also, my Fiance has a Master's degree and works as an engineer so he has plenty of his own assets and does not actually need my financial support.

My question is, will my unemployed status affect the outcome of our K1 application? Or will they take into account that he can support himself or that my parents can?

Thanks for your help!

Hi - congrats on filing

The short answer is no, it won't affect your K1 visa to have your parents co-sponsor your fiance. As his petitioner you will also have to fill out an I-134 as his primary sponsor, even if you don't meet the 125% poverty line criteria. Only one of your parents (the higher income earner, usually) will also complete an I-134. Income cannot be joined for the purpose of an I-134.

Your fiance's current financial status is not relevant to this process. Assuming he will quit his job to move to the US permanently, he will not be allowed to work until he has entered the country on the K1, you have got married and have filed his AOS. It usually takes 60-90 days for the EAD (Employment Authorisation Document) to arrive, and then he can begin employment. There is nothing stopping him from job hunting or interviewing in the intervening time, but he cannot begin work without the EAD.

London occasionally allows self-sponsoring, although they've been less accepting of this recently. If he is able to self-sponsor, he would need to demonstrate that he has liquid assets worth 5 x the income requirement.

Edited November 13, 2009 by SunDrop

[Nix and Poppy 0]

Hello,

My Fiance and I just filed our I 129 last week. I had to put unemployed as my current job status on the G-325. I have a degree in Photography but I'm living with my parents and have no "real" job at the moment (mostly unpaid assisting other photographers in order to prepare for starting my own studio in the future). I don't really have much money of my own at the moment so I don't think I meet the requirements for the I-134 needed but my parents (who I am living with) are fairly well off and willing to fill out a I-864 affidavit of support for my Fiance. Also, my Fiance has a Master's degree and works as an engineer so he has plenty of his own assets and does not actually need my financial support.

My question is, will my unemployed status affect the outcome of our K1 application? Or will they take into account that he can support himself or that my parents can?

Thanks for your help!

Hi - congrats on filing

The short answer is no, it won't affect your K1 visa to have your parents co-sponsor your fiance. As his petitioner you will also have to fill out an I-134 as his primary sponsor, even if you don't meet the 125% poverty line criteria. Only one of your parents (the higher income earner, usually) will also complete an I-134. Income cannot be joined for the purpose of an I-134.

Your fiance's current financial status is not relevant to this process. Assuming he will quit his job to move to the US permanently, he will not be allowed to work until he has entered the country on the K1, you have got married and have filed his AOS. It usually takes 60-90 days for the EAD (Employment Authorisation Document) to arrive, and then he can begin employment. There is nothing stopping him from job hunting or interviewing in the intervening time, but he cannot begin work without the EAD.

London occasionally allows self-sponsoring, although they've been less accepting of this recently. If he is able to self-sponsor, he would need to demonstrate that he has liquid assets worth 5 x the income requirement.

This is correct. This is exactly what my fiance did. His father owns a small computer repair shop and offered to be our co-sponsor because my fiance's income from his part-time job as a waiter didn't reach the 125% line criteria. Both of them filled out and submitted the I-134. We didn't have any issues with that.

During my pre-screening at the embassy i was asked to verify the name, address and job description of the "additional sponsor" and the lady was referring to my fiance's father. It's good that i know his dad very well. And that's it.

Good luck!

[Gary and Alla 3,694]

Hello,

My Fiance and I just filed our I 129 last week. I had to put unemployed as my current job status on the G-325. I have a degree in Photography but I'm living with my parents and have no "real" job at the moment (mostly unpaid assisting other photographers in order to prepare for starting my own studio in the future). I don't really have much money of my own at the moment so I don't think I meet the requirements for the I-134 needed but my parents (who I am living with) are fairly well off and willing to fill out a I-864 affidavit of support for my Fiance. Also, my Fiance has a Master's degree and works as an engineer so he has plenty of his own assets and does not actually need my financial support.

My question is, will my unemployed status affect the outcome of our K1 application? Or will they take into account that he can support himself or that my parents can?

Thanks for your help!

If you have a co-sponsor it should not affect anything

[baron555 934]

Hello,

My Fiance and I just filed our I 129 last week. I had to put unemployed as my current job status on the G-325. I have a degree in Photography but I'm living with my parents and have no "real" job at the moment (mostly unpaid assisting other photographers in order to prepare for starting my own studio in the future). I don't really have much money of my own at the moment so I don't think I meet the requirements for the I-134 needed but my parents (who I am living with) are fairly well off and willing to fill out a I-864 affidavit of support for my Fiance. Also, my Fiance has a Master's degree and works as an engineer so he has plenty of his own assets and does not actually need my financial support.

My question is, will my unemployed status affect the outcome of our K1 application? Or will they take into account that he can support himself or that my parents can?

Thanks for your help!

Just to clarify, you still will submit a I-134 to her for the inteview as well as one of your parents (both can't do it jointly) will send their I-134. 864 is not used for K-1.

[Guitarlo 2]

Hello,

My Fiance and I just filed our I 129 last week. I had to put unemployed as my current job status on the G-325. I have a degree in Photography but I'm living with my parents and have no "real" job at the moment (mostly unpaid assisting other photographers in order to prepare for starting my own studio in the future). I don't really have much money of my own at the moment so I don't think I meet the requirements for the I-134 needed but my parents (who I am living with) are fairly well off and willing to fill out a I-864 affidavit of support for my Fiance. Also, my Fiance has a Master's degree and works as an engineer so he has plenty of his own assets and does not actually need my financial support.

My question is, will my unemployed status affect the outcome of our K1 application? Or will they take into account that he can support himself or that my parents can?

Thanks for your help!

Yes, you will need a co-sponsor. Unfortunately, what your fiance can do doesn't matter at this point. Also consider that what ever your fiance does over seas and academic acheivement may not translate in the States. Some occupations do some don't. For example, my wife was a Dentist in the Philippines, which means nothing in the states. However, if she was a nurse could be immediately employed. Teachers need to be re certified but a lawyer can sit for the Bar exam. I've heard too many nightmare stories about the Russian Doctor or sciencetist only to bus tables when they get a work visa. So in short an engineer over there may mean nothing here. What country is your fiancee from?

Good luck.

[Kristin&David 0]

Thanks everyone! Really great hear that this shouldn't be a problem for us!

And Guitario, my Fiance is from London, U.K. and is working as a structural engineer (designing moving parts on buildings). I don't really anticipate him having any trouble finding work over here....once he's allowed to work that is!