NA02 Sent, I got laid off:((((

[malapascua 0]

Ofcourse by the time AOS hits I oboulsy will have to be employed.........but thats at leaast 4 -6 month I will have more time to find a job....Its a bad time to loose a job with the economy and all but what can you do.......

First...relax a bit. Your interview is 2-3 months away, start looking for a job.

Unemployment COUNTS as income, do not worry about filing for it, file for it today. There is NO REQUIREMENT you be employed at all, only that you have income, unemployment is income (that is why you claim it on INCOME TAX) I checked, if I were unemployed today, my weekly benefit would be $452...$23,500 per year, enough for a family of 3.

DO NOT attach that employment letter to your I-134!!! If you do, it is a lie and will bar you for 3 years. There is NO REASON to lie.

Attach your 2008 tax return AND 2007 and 2006. Attach a bank letter. State your "current income" from unemployment if that is the case at the time, your last three years income and your assets if you like. Attach a bank letter. I don't see where you will have a problem unless you have been making "borderline" income for the last 3 years, in which case the USCIS is the least of your problems, you have a real life to live with a new wife and (maybe) children. If your fiancee doesn't have children now, and she is Ukrainian, she will want them SOON. She will arrive and want to start driving and then want a car. Really, this 125% of poverty thing is nothing. You have real troubles if you aren't 400% of poverty level, forget the USCIS, life is scary enough!!!!!

See if you can line up a co-sponsor also, if it turns out to be needed.

Kiev calculates it this way...

1. CURRENT income (even unemployment benefits) If this is enough, you are in...period. There are no "degrees" of acceptance, it is simple "pass/fail" $1 more than the cut-off is as good as $1,000,000 more.

2. Average of past three years, same standard.

3. Assets. You will be "credited" $1 for every $5 of assets

4. Co-sponsor

So....put aside your worries about the I-134 and what they will see on it. Go out there, today if possible, and get a job. Almost any job will do. The income qulaifications for the AOS are exactly the same, so do not worry about that. The income qualifications for LIFE are far higher...concern yourself with THAT.

Is this specific to Kiev, or should it apply to Phillies as well? Same scenerio just happened to me. Got laid off, couple weeks later got our NOA2. My unemployment surpasses the requirement, and I made 70k+ for the past 3yrs. My mother is also willing to co-sponser, and I will probably include that for good measure. I'm basically contract anyway, so gaps in between jobs aren't new to me. I guess I'm asking for opinions here. I'm sweating this interview date now, though it hasn't been set yet.

Spasibo!

[minnew 4]

Like the others have said you will probably need a co sponsor if your income does not meet poverty guidelines or have not found a new job.

Congratulations on your NOA2!

It really helps the rest of us still waiting!

http://www.visajourney.com/tutorials/create-new-timeline.htm

[rebeccajo 14]

Ofcourse by the time AOS hits I oboulsy will have to be employed.........but thats at leaast 4 -6 month I will have more time to find a job....Its a bad time to loose a job with the economy and all but what can you do.......

First...relax a bit. Your interview is 2-3 months away, start looking for a job.

Unemployment COUNTS as income, do not worry about filing for it, file for it today. There is NO REQUIREMENT you be employed at all, only that you have income, unemployment is income (that is why you claim it on INCOME TAX) I checked, if I were unemployed today, my weekly benefit would be $452...$23,500 per year, enough for a family of 3.

DO NOT attach that employment letter to your I-134!!! If you do, it is a lie and will bar you for 3 years. There is NO REASON to lie.

Attach your 2008 tax return AND 2007 and 2006. Attach a bank letter. State your "current income" from unemployment if that is the case at the time, your last three years income and your assets if you like. Attach a bank letter. I don't see where you will have a problem unless you have been making "borderline" income for the last 3 years, in which case the USCIS is the least of your problems, you have a real life to live with a new wife and (maybe) children. If your fiancee doesn't have children now, and she is Ukrainian, she will want them SOON. She will arrive and want to start driving and then want a car. Really, this 125% of poverty thing is nothing. You have real troubles if you aren't 400% of poverty level, forget the USCIS, life is scary enough!!!!!

See if you can line up a co-sponsor also, if it turns out to be needed.

Kiev calculates it this way...

1. CURRENT income (even unemployment benefits) If this is enough, you are in...period. There are no "degrees" of acceptance, it is simple "pass/fail" $1 more than the cut-off is as good as $1,000,000 more.

2. Average of past three years, same standard.

3. Assets. You will be "credited" $1 for every $5 of assets

4. Co-sponsor

So....put aside your worries about the I-134 and what they will see on it. Go out there, today if possible, and get a job. Almost any job will do. The income qulaifications for the AOS are exactly the same, so do not worry about that. The income qualifications for LIFE are far higher...concern yourself with THAT.

Is this specific to Kiev, or should it apply to Phillies as well? Same scenerio just happened to me. Got laid off, couple weeks later got our NOA2. My unemployment surpasses the requirement, and I made 70k+ for the past 3yrs. My mother is also willing to co-sponser, and I will probably include that for good measure. I'm basically contract anyway, so gaps in between jobs aren't new to me. I guess I'm asking for opinions here. I'm sweating this interview date now, though it hasn't been set yet.

Spasibo!

There are nuances for each consulate, so one should read for anecdotal evidence of recent trends.

If you are a contracted employee you may wish to use the weighted average of your last three years tax return to support your income. The answer likely depends on how often you change employment sites.

It should be noted that the I134 does not require 125% of the poverty level to meet any standards. The affidavit itself states 'sufficient' income. DOS has advised consulates that 100% is sufficient.

When filing for AOS, 125% will be required.

Some consulates ask for a tax return as proof of income, some do not. Of those that do, most will require only the most recent tax year. Some will want to see three.

Adjustment of status only requires the most recent tax return be attached to the I864.

At either stage, self-employed individuals will need three years of tax returns to support an average income figure.

If one is using assets to supplement income, the ratio is 3 to 1. The 5 to 1 ratio for family based applicants was changed a couple of years ago.

Unemployment income can be counted at adjustment of status and the instructions for the I864 clearly state such.

I've read some threads lately regarding unemployment and the affidavits, and this situation concerns me. I am uncertain that any of us can know the answer and in today's economic environment the situation is bound to become more and more relevant. While it's true that going out and getting any job is good advice, the taking of any job can in some cases be less cash than one receives in unemployment benefits. Those persons in skilled occupations would be financially foolish to do so.

I kind of think the jury is out on this one, and only anecdotal evidence in the next few months will give us more insight.

Edited February 23, 2009 by rebeccajo

[HappyDancer 7]

Co Sponsor! FAST!!!

[pushbrk 12,898]

Unemployment income can be counted at adjustment of status and the instructions for the I864 clearly state such.

Would you be kind enough to elaborate? The word "Unemployed" appears once on the form and not even once in the instructions. Line 22d allows for indicating you are "Unemployed since" and a date.

Unemployment income is included in the gross income on a 1040 but I see nothing in the instructions that indicate the service will approved a sponsor who is unemployed, unless they would otherwise qualify with assets or sufficient passive income.

I mean trust fund folks can still draw unemployment benefits, as can millionaires, but will the service approve a petitioner without a joint sponsor, if they've been unemployed 9 months, have three months of benefits left, no house, no cash and no job? Would you really recommend they file an I-864 or an I-134 without a joint or co-sponsor? Remember, at the Consulate level, this is a judgement call about public charge concerns. On the AOS end of things, it does tend to be more about technically meeting requirements but even then there is latitude for judgment calls.

I agree the jury is out at least to some extent on this and seeing some recent anecdotal evidence would be helpful. But, I'm not going to advise anybody to try it unless they have no other options available.

[rebeccajo 14]

Unemployment income can be counted at adjustment of status and the instructions for the I864 clearly state such.

Would you be kind enough to elaborate? The word "Unemployed" appears once on the form and not even once in the instructions. Line 22d allows for indicating you are "Unemployed since" and a date.

Unemployment income is included in the gross income on a 1040 but I see nothing in the instructions that indicate the service will approved a sponsor who is unemployed, unless they would otherwise qualify with assets or sufficient passive income.

I mean trust fund folks can still draw unemployment benefits, as can millionaires, but will the service approve a petitioner without a joint sponsor, if they've been unemployed 9 months, have three months of benefits left, no house, no cash and no job? Would you really recommend they file an I-864 or an I-134 without a joint or co-sponsor? Remember, at the Consulate level, this is a judgement call about public charge concerns. On the AOS end of things, it does tend to be more about technically meeting requirements but even then there is latitude for judgment calls.

I agree the jury is out at least to some extent on this and seeing some recent anecdotal evidence would be helpful. But, I'm not going to advise anybody to try it unless they have no other options available.

OK, I mis-spoke when I said insturctions.

There's a big policy memoranda issued by USCIS from mid-2006 when the I864 changed. It's like 27 pages long. I would give you the link but I'm at work and don't have time to search it out. It speaks to unemployment income as being 'allowed'. I don't know if it addresses the issue of being unemployed at the time of filing.

And I don't know what a consulate may think of an unemployed sponsor either. I have suspicion a lot of that (like many things) would depend on the consulate.

In case my post was unclear, I am not advising anyone to go to interview in this condition either.

[Todd&Dani 0]

This thread has just been somewhat helpful to Dani and myself. We just hit a possible (huge?) glitch in the K1 process regarding employment. Dani just found out today that she was let go from her full-time job. Not good. We have not sent the I-129F application yet but we had plans to have it out this week. We of course just filled in all her employment info on the forms - but now she is unemployed. She is already this afternoon brainstorming and actively seeking for another job. She has some good references and thinks she can find another position fairly soon. But with the way the climate is right now you never know. West coast Florida is hit pretty hard.

Should we send the I-129F off as planned or wait and see what she can find? Thoughts/advice??

Thanks to everyone on this forum for the feedback - this site and everyone here is so helpful in making this process even possible.

More than a little concerned and worried this evening,

Todd & Dani

[pushbrk 12,898]

This thread has just been somewhat helpful to Dani and myself. We just hit a possible (huge?) glitch in the K1 process regarding employment. Dani just found out today that she was let go from her full-time job. Not good. We have not sent the I-129F application yet but we had plans to have it out this week. We of course just filled in all her employment info on the forms - but now she is unemployed. She is already this afternoon brainstorming and actively seeking for another job. She has some good references and thinks she can find another position fairly soon. But with the way the climate is right now you never know. West coast Florida is hit pretty hard.

Should we send the I-129F off as planned or wait and see what she can find? Thoughts/advice??

Thanks to everyone on this forum for the feedback - this site and everyone here is so helpful in making this process even possible.

More than a little concerned and worried this evening,

Todd & Dani

I'd file the petition when ready. You can always delay the interview if not ready with adequate financials but you can never get the lost time back if you delay filing.

[JAPrincess 27]

I just have to say that this site ROCKS!!

[AnnexoxShay 1]

Hey .... Like everyone else all I can say is get a job asap ....

Shay changed jobs as we got our NOA2 .... his from a small town in Grant County OR and a lot of businesses shut down or go to min staff during the winter months ... being the highest paid staff member (his a chef) his boss was going to cut his hours down to 20hours a week so he basically only worked busy nights .... Mean time another restaurant fired there cook and were looking for a new cook/chef ... Shay had previously worked with one of the waitresses as her manager so she recommended him .... he went to the interview and was guaranteed 40hours + higher income then the current job he was employed in ...

We debated for a couple weeks whether he should take the job and in the end it was too good an opportunity to pass up .... Soo he accepted the job ....

What he did however was get a letter from past employer saying how long he had been employed (2.5years) and the reasons he left (offered higher paying job and wereas as they had reduced hours) and that he was always welcomed back ... The letter from the current employer stated rate of pay, postition (chef/manager) also that he was a valued employee and was welcome to remain on staff for as long as he wanted ... something along those lines ...

We just hope to god that with the letters from both employers and the fact he went from one job into another and the fact he is well above poverty line will be enough for the Embassy to accept ...

[Todd&Dani 0]

Thanks for your advice pushbrk. Some of this honestly still confuses us, like when they will be looking into Dani's finances closely. This will be after they approve the I-129F and I go to my interview with her info, and again later during AOS? She had very good income years in 2006 and 2007, 2008 was sketchy (laid off) and she just got laid off from another job again yesterday....

Thanks to everyone for advice and help on this involved (and worrisome) process,

Todd and Dani

[rebeccajo 14]

Thanks for your advice pushbrk. Some of this honestly still confuses us, like when they will be looking into Dani's finances closely. This will be after they approve the I-129F and I go to my interview with her info, and again later during AOS? She had very good income years in 2006 and 2007, 2008 was sketchy (laid off) and she just got laid off from another job again yesterday....

Thanks to everyone for advice and help on this involved (and worrisome) process,

Todd and Dani

Financials come into play at the consulate and when adjusting status.

[KimandRuss 0]

Thanks for your advice pushbrk. Some of this honestly still confuses us, like when they will be looking into Dani's finances closely. This will be after they approve the I-129F and I go to my interview with her info, and again later during AOS? She had very good income years in 2006 and 2007, 2008 was sketchy (laid off) and she just got laid off from another job again yesterday....

Thanks to everyone for advice and help on this involved (and worrisome) process,

Todd and Dani

Read through the GUIDES and have a look at the K-1 flowchart. It will walk you down the process step by step. You will want to familiarize yourselves with each step before it comes so you are well prepared for whats to come. You're lucky to have found VJ early on. Read through all of the links above.

[malapascua 0]

I just called uscis and they said that as long as I meet the requrments for being above poverty line it does not matter if im employed or unemployed as long as the amout is right........???? IS THAT TRUE?!?!? I hope it is ( I currently got the Unemoloyment that way acceeds the poverty line )

Did you ever get verification of this? I'm in the same boat..

Also, if you use a co-sponser, what form do they fill out? Still the I-134?

[pushbrk 12,898]

I just called uscis and they said that as long as I meet the requrments for being above poverty line it does not matter if im employed or unemployed as long as the amout is right........???? IS THAT TRUE?!?!? I hope it is ( I currently got the Unemoloyment that way acceeds the poverty line )

Did you ever get verification of this? I'm in the same boat..

Also, if you use a co-sponser, what form do they fill out? Still the I-134?

We don't call it the misinformation line for nothing. Yes, the co-sponsor provides an I-134 and supporting documents.

As for "IS THAT TRUE???? Sort of, yes. A sponsor can qualify either with income or assets or a combination of the two. USCIS doesn't decide who qualifies using an I-134. A Consular officer does.