Made enough this year but now unemployed

[SOTY 0]

Sorry to Hijack, but this is perhaps related.

For the I-134 Specifically (Although it perhaps could apply to the I-864 as well):

?? If one has already made over the required %125 annual poverty amount in income for the year 2012 and is currently jobless looking for a different job (thus not able to provide a letter of employment from an employer and only able to provide 2012 pay-stubs, Bank Information with savings etc..), THEN...

• Is that sufficient enough information for the I-134? (since one has made over the annual poverty amount, one is not 'required' to provide tax transcripts at the I-134 stage)

Obviously it's best to have employment, though officially one has already satisfied the annual $$ amount over %125 poverty level for the year.

PLUS, If one proceeded to fill in the I-134 reflecting the above situation, and for some reason was denied to to issue with support, can one resubmit a new I-134 when a new job is acquired and or addition of a cosponsor(if needed) WITHOUT having to go all the way back to the beginning and submit a new I-129F for K1?

Can anyone speak the the above scenario?

[Penguin_ie 5,993]

It's current and ongoing income that counts so no, even if you made $100'000 in January and February if you are now unemployed, you'll need to either sponsor on assets or get a co-sponsor if allowed by your embassy.

Usually, if your I-134 is insufficient, you are given a second chance to submit more evidence/ a co-sponsor.

[Clay_LX 0]

It's current and ongoing income that counts so no, even if you made $100'000 in January and February if you are now unemployed, you'll need to either sponsor on assets or get a co-sponsor if allowed by your embassy.

Usually, if your I-134 is insufficient, you are given a second chance to submit more evidence/ a co-sponsor.

So you can't use unemployment as proof of income (even if you meet the minimum income requirement)?

My fiancè is currently on unemployment and I was told that it can be used as proof (also, by the time our interview is scheduled, he will have other sources of money)

[aaron2020 11,651]

So you can't use unemployment as proof of income (even if you meet the minimum income requirement)?

My fiancè is currently on unemployment and I was told that it can be used as proof (also, by the time our interview is scheduled, he will have other sources of money)

Penguin didn't say you can't use unemployment benefits to meet the 125% poverty line.

You can use unemployment benefits to meet the 125% poverty line.

Once a person becomes unemployed, he can't use the income he used to have to meet the poverty line. He cannot use income from a job he no longer has to meet the poverty line. That was Penguin's point.

[pushbrk 12,824]

Penguin didn't say you can't use unemployment benefits to meet the 125% poverty line.

You can use unemployment benefits to meet the 125% poverty line.

Once a person becomes unemployed, he can't use the income he used to have to meet the poverty line. He cannot use income from a job he no longer has to meet the poverty line. That was Penguin's point.

Actually, Penguin said nothing at all about unemployment benefits. Current income is current income but unemployment compensation is temporary. If that's all one has, it may even be over the 125% and still require a cosponsor. The public charge concern is a judgment call, not a goal line you cross by showing you meet the minimum with temporary benefits.

People who are currently unemployed are wise to provide affidavits of support from cosponsors in addition to the affidavit they submit themselves. Yes, some have been approved with only unemployment benefits but others, (more) have not.

Yes, if the only obstacle to issuing the visa is the affidavit of support, you can submit a new one later with a new job or submit one from a cosponsor.

Edited March 31, 2012 by pushbrk

[Clay_LX 0]

Penguin didn't say you can't use unemployment benefits to meet the 125% poverty line.

You can use unemployment benefits to meet the 125% poverty line.

Once a person becomes unemployed, he can't use the income he used to have to meet the poverty line. He cannot use income from a job he no longer has to meet the poverty line. That was Penguin's point.

Oh ok! I must have misread what he wrote, I apologize :\

Edited March 31, 2012 by Clay_LX

[Clay_LX 0]

Actually, Penguin said nothing at all about unemployment benefits. Current income is current income but unemployment compensation is temporary. If that's all one has, it may even be over the 125% and still require a cosponsor. The public charge concern is a judgment call, not a goal line you cross by showing you meet the minimum with temporary benefits.

People who are currently unemployed are wise to provide affidavits of support from cosponsors in addition to the affidavit they submit themselves. Yes, some have been approved with only unemployment benefits but others, (more) have not.

Yes, if the only obstacle to issuing the visa is the affidavit of support, you can submit a new one later with a new job or submit one from a cosponsor.

The consponsor could be anyone (a relative, a friend, etc), right? And all this person would have to do would be providing us proof that he could help us?

I'm just really tired of waiting, we've been apart for over a year and his disability claim is taking forever to end because some people obviously can't do their job. I guess a joint-sponsor would be the only solution then..

What if we showed proof that he will be getting a monthly disability paycheck and that he will be going to school and make more money thanks to that?

[aaron2020 11,651]

The consponsor could be anyone (a relative, a friend, etc), right? And all this person would have to do would be providing us proof that he could help us?

I'm just really tired of waiting, we've been apart for over a year and his disability claim is taking forever to end because some people obviously can't do their job. I guess a joint-sponsor would be the only solution then..

What if we showed proof that he will be getting a monthly disability paycheck and that he will be going to school and make more money thanks to that?

If you have a Joint Sponsor who meets the 125% poverty line, then it doesn't matter what the petitioner's financial situation is. The Joint Sponsor must be at least 18 years old, and be either a US citizen or LPR. The Joint Sponsor can be anyone who meets those two requirements.

What if he drops out of school? What guarantee that the education would result in him making more money? You can't use the hope of future income because it is never certain. He can't prove he has this income. He can only hope for it at some future point. There are plenty of unemployed college graduates who at some point thought an education would allow them to make a good living, and this economy has really kicked them in the #######.

You can use the income he currently has for the I-864. You cannot use the future income he hope to make for the I-864.

Edited March 31, 2012 by aaron2020

[Clay_LX 0]

If you have a Joint Sponsor who meets the 125% poverty line, then it doesn't matter what the petitioner's financial situation is. The Joint Sponsor must be at least 18 years old, and be either a US citizen or LPR. The Joint Sponsor can be anyone who meets those two requirements.

What if he drops out of school? What guarantee that the education would result in him making more money? You can't use the hope of future income because it is never certain. He can't prove he has this income. He can only hope for it at some future point. There are plenty of unemployed college graduates who at some point thought an education would allow them to make a good living, and this economy has really kicked them in the #######.

You can use the income he currently has for the I-864. You cannot use the future income he hope to make for the I-864.

Ok, thank you so much for your help and for clearing things up for me!

I'll figure this out

[SOTY 0]

Umm..

Ok, thanks for the replies.

I guess I was confused, because nowhere did I remember reading it being stated that one had to have currentemployment. (My bad if I missed it..)

Just that one must satisfy the annual %125 over the poverty line on annual income.

AS AN EXAMPLE:

--------------------

Let's say one had $5,000 in savings and have met the annual income of %125.

Are you then saying that since one does not 'officially' have an employer, the %125 over annual income that one previously made is now null and void?

If that's the case one would then need to go by assets? (If no cosponsor)

Without a cosponsor, it would be 3x(Immediate Family/Spouse) the %125 annual income poverty line: $18,912 x 3 = $56,736

So one would have to come up with $51,736 (as $5,000 already exists in savings)

--------------------

Sound about right?

Self-Employed Cosponsor for I-134:

If one were to have a self employed cosponsor in relationship to the above situation, what would the cosponsor have to provide?

• Prior years tax transcripts

• Proving what amount of income over the poverty line?

There is married(to be) couple and cosponsor, would the Sponsor's Household Size increase 1(because of cosponsor) and it then be 3X the %125 poverty level?

-Meaning, if a Cosponsor were involved the total amount of yearly income the cosponsor would need to exhibit would be $23,862 ??

Thanks for all the help in advance in understand this stuff.

[pushbrk 12,824]

The consponsor could be anyone (a relative, a friend, etc), right? And all this person would have to do would be providing us proof that he could help us?

I'm just really tired of waiting, we've been apart for over a year and his disability claim is taking forever to end because some people obviously can't do their job. I guess a joint-sponsor would be the only solution then..

What if we showed proof that he will be getting a monthly disability paycheck and that he will be going to school and make more money thanks to that?

If the monthly check is enough and it is long term disability, that alone is enough. "Will be making more...." doesn't help and isn't considered.

[pushbrk 12,824]

Sorry to Hijack, but this is perhaps related.

For the I-134 Specifically (Although it perhaps could apply to the I-864 as well):

?? If one has already made over the required %125 annual poverty amount in income for the year 2012 and is currently jobless looking for a different job (thus not able to provide a letter of employment from an employer and only able to provide 2012 pay-stubs, Bank Information with savings etc..), THEN...

• Is that sufficient enough information for the I-134? (since one has made over the annual poverty amount, one is not 'required' to provide tax transcripts at the I-134 stage)

Obviously it's best to have employment, though officially one has already satisfied the annual $ amount over %125 poverty level for the year.

PLUS, If one proceeded to fill in the I-134 reflecting the above situation, and for some reason was denied to to issue with support, can one resubmit a new I-134 when a new job is acquired and or addition of a cosponsor(if needed) WITHOUT having to go all the way back to the beginning and submit a new I-129F for K1?

Can anyone speak the the above scenario?

Evidently you haven't actually looked at the I-134. Find part 7 and read where it says, "I derive an annual income of....". Note that "derive" is a present tense verb.

Yes, if denied on public charge grounds, you can submit another affidavit with a new job if it's soon or, you can submit one from a qualified cosponsor.

[Clay_LX 0]

If the monthly check is enough and it is long term disability, that alone is enough. "Will be making more...." doesn't help and isn't considered.

Thank you so much for your help!!

[aaron2020 11,651]

Umm..

Ok, thanks for the replies.

I guess I was confused, because nowhere did I remember reading it being stated that one had to have currentemployment. (My bad if I missed it..)

Just that one must satisfy the annual %125 over the poverty line on annual income.

AS AN EXAMPLE:

--------------------

Let's say one had $5,000 in savings and have met the annual income of %125.

Are you then saying that since one does not 'officially' have an employer, the %125 over annual income that one previously made is now null and void?

If that's the case one would then need to go by assets? (If no cosponsor)

Without a cosponsor, it would be 3x(Immediate Family/Spouse) the %125 annual income poverty line: $18,912 x 3 = $56,736

So one would have to come up with $51,736 (as $5,000 already exists in savings)

--------------------

Sound about right?

Self-Employed Cosponsor for I-134:

If one were to have a self employed cosponsor in relationship to the above situation, what would the cosponsor have to provide?

• Prior years tax transcripts

• Proving what amount of income over the poverty line?

There is married(to be) couple and cosponsor, would the Sponsor's Household Size increase 1(because of cosponsor) and it then be 3X the %125 poverty level?

-Meaning, if a Cosponsor were involved the total amount of yearly income the cosponsor would need to exhibit would be $23,862 ??

Thanks for all the help in advance in understand this stuff.

If you no longer have the job, how do you use that income to support your immigrant when he/she comes the US? How does your old job pay for your future expenses?

It's your current income that will support the new immigrant. The job that you had last year and no longer have is not going to provide income today.

For example;

In 2011, I had a job that paid me $50,000. In 2012, I have no job and my income is zero. How is the old job going to help me pay for my expenses today? How does my old job show that I can support the new immigrant? It is only the current income that matters.

Edited March 31, 2012 by aaron2020

[dalatian 4]

in the event of being unemployed, will total net worth (ie. home equity, stocks, savings, 401K, assets etc.) be considered without the need of a co-sponsor?