Need your inputs, Petitioner needs to move out of apartment

[marriedtomrg 141]

Hi guys...hope you can help us.

Just as a backgrounder:

My husband Rick gave up his apartment in March 2009 so he could save some money to help us (our daughter and I) immigrate. His next door neighbor (older female, let's call her Brenda) offered him a spare room and to cook meals for them (since she always makes extra anyway) in exchange for part of the rent.

(Note: Pippo is my daughter from my 1st marriage to a Pinoy...but we call her our daughter because he does love her like his own flesh and blood. Rick doesn't have kids during his 1st marriage.)

It has been very difficult for Rick to live with a flatmate...Brenda is a rather quirky woman...she brings her friends over to the apartment and sometimes they all drink to a stupor. Sometimes she leaves her wet laundry in the washing machine (which Rick brought in from his old apartment) when he told her specifically that he was doing the wash that day. Sometimes she eavesdrops on our phone calls. He also noticed that some of his DVDs are in the wrong place. Rick has had to lock himself in the room whenever Brenda is at the apartment (a lot of times she is drunk). He has been used to living by himself, but because his employer (the county) had cut a lot of his hours, he has no choice but to share a space with someone he doesn't even like so we can come home.

Just yesterday, Brenda asked to talk to him and told him that she would like to have the apartment to herself again...but has agreed to let him stay until we know our visas will come through (Rick told her we will know as early as next month...although we have not received our NOA2 yet). Being the way she is, however, I am seriously worried that she will leave Rick out in the cold...and I am 10,000 miles away, helpless to do anything.

On top of that, when Rick returned to the U.S. after staying with us for 2 months here in the Philippines, he found out the county had cut even more hours off his pay...and becasue of that, starting September, he will be living off a very meager amount each month (after taxes and paying bills) until our daughter and I come to the U.S...the amount is rather small, barely enough to cover his gas and food.

With job prospects so low in his state (Florida), he is unable to find a better paying job there (he is a special needs teacher for adults) so we are seriously considering staying with his parents temporarily in Louisiana when we arrive, since job opportunities seem to be somewhat better there.

Here are our questions:

1. When is the best time for him to move out of his apartment (and subsequently leave Florida), considering our NOA2s have not arrived yet? Remember, he has to do his I-134 for us, and one of the supporting documents is a letter of employment. Who verifies if he is still employed with the county, USCIS or NVC? Would the petition be refused if he is out of a job? (We are also thinking of getting his parents to co-sponsor. His sister is willing to help us by springing for the airfare later in the process, if it came to that.)

2. On our forms, his current address is what we put down. But because we are thinking of moving to Louisiana, we'd like to know when it is okay to indicate on our subsequent forms (the DS-156, DS-157 and the other related forms) the Louisiana address of his folks without raising too many Federal eyebrows. Is it during the time we will undergo Embassy process, before we appear for interview...or is he forced to stick it out in Florida until we get the visas?

3. One other thing we have considered is for him to come back to the Philippines to wait with us until we know we will get the visas (at least here, even though we don't have a lot of money, we will be together...and I wouldn't have to worry about him not being able to eat...since Brenda lately has stopped cooking meals for them for 2 nights in a row). Am sure we can figure out how to get him airfare...but we don't know if this move will hurt the application...unless there is a timing to it. I know he has to establish domicile (and that often means job + residence in his home state)...but how can he do that while waiting with us in Manila without putting the application in a bad position?

Hoping someone can help...we need these answers to help us decide what course of action to take, which will also determine what kind of money we have to save to accomplish what we want to do.

I have a separate post coming up about a different concern re: the medical.

Thank you for your time...

[MarPhee 1]

i think it is better for him to move out let's say ask his parents if he could stay in their house. remember that he needs to file for affidavit of support for you guys. so if for example if he will be living with his parents and can start finding a job, who knows by the time of your interview he already has a job... and also if his job is below poverty he can ask his parents to be a co-sponsor. right now i guess what he needs to focus on is finding a job to support himself and for the visa too and also for the affidavit of support. and for the change of address... just call USCIS hotline right away for any changes. just log in to their website. www.uscis.gov.

and i guess for him to go back in PI with you will be so costly too. for his fare and the like. rather him going back to his parents and little by little coping up with his recessions.

anyways, this is just my opinion.

hope everything will be fine. Have Faith.

[Gumbolette 58]

I commend on Marphee's post. It's one of the best option you have right now.

But I would also suggest to your husband to be a little bit more patient since you are a May Filer and I think your NOA2 is just around the corner. And I think, you will not be stuck in NVC for a long time since you are a K3. (AOS will be done in the states ) Please correct me if I'm wrong. So after your husband has submitted the necessary forms, give it a week or 2, then you are out of NVC and you will just wait until your interview comes. In that case, your husband can move out or Brenda's hovel. Either look for a job or move to Louisiana, possible fly to the Phils and just wait for you and daughter then all of you can fly altogether.

P.S Louisiana is my husband's state. Ville Platte to be exact.

Edited August 27, 2009 by LÜvtechwifey