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...

(We appreciate your concerns about the type of visa we wish to pursue, however, we have our own reasons for doing so and hope you will respect our choice. Our concerns about our application are mounting, due to circumstances that are beyond our control right now and this is what we are seeking advice for...thanks and good luck to us all on this journey.)

[Zen Den 18]

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.)

based on your timeline, looks like he may get the NOA2 any time...if he decides to move to lousiana right now, he'll need to provide a new address right away to avoid problems of the NOA2 being lost, unless brenda would be willing to inform and receive it for him.

assuming he gets the NOA2, he should find a job right away so he has recent job info, or get his family as co-sponsors, (he'll still be providing his latest emlpoyment info so he should get docs for that before moving) it's best that in case he doesn't find a job right away, he has co-sponsors, his unemployment will show as due to his move to a new state anyway, among other things .

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?

wherever he'll be/the safest address to ensure receipt of docs) at the time of your visa application should be the address you indicate on the forms (this is assuming he already moved there and informed the uscis/NVC about it. not good to call about a 2nd change of address as it might cause a lot of mail delivery problems, more than anything else.

your husband would be the best person to determine if moving out of or sticking it out in florida would be better. he should take into consideration the possibility of brenda changing her mind about letting him wait till the NOA2, or the NOA taking longer than you expect.

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?

better for him to stay in the states and save the airfare money. he just has to get used to getting food for himself again, or if decides to move to his parents' then he'll have better chances of getting help with food expenses.

and if you get your NOA2 and eventually get approved for visas, it would be best to wait till he's settled again financially, visas are good for 6 months and you can even request for extension if necessary.

good luck and god bless!

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...

(We appreciate your concerns about the type of visa we wish to pursue, however, we have our own reasons for doing so and hope you will respect our choice. Our concerns about our application are mounting, due to circumstances that are beyond our control right now and this is what we are seeking advice for...thanks and good luck to us all on this journey.)

[Dakine 26]

Does he have a cosponsor or does he meet the financial requirements??

[marriedtomrg 141]

Haole: Based on his previous year's tax return (2008), he exceeds the poverty guidelines for a family of 3. If the Feds wanted proof of his current income, he still exceeds the poverty guidelines even after the county made all those paycuts.

Am a little more concerned about what kind of planning should we do in case Brenda changes his mind about letting him stay till we know we will get the visas. Starting September, after bills and taxes, Rick will have a very small amount of money left for his day-to-day. When she doesn't cook for them, it is problematic...he will not have a lot of money, so be able to buy a lot of food (my husband has a very active metabolism, so he needs a high calorie diet..while I know he has the self discipline to cut back on his meals...I would really rather that he doesn't starve himself...plus if any kind of emergency ever came up his funds would dwindle if not completely disappear).

If Brenda kicks him out, he will be hard-pressed to find an apartment at the same rate he is paying her (US$500 a month is his share). In that dire instance, his only recourse left would be to quit his job and leave Florida...which would really screw things up real bad real quick.

If he has no choice but to quit his job, and he is unemployed, would that be a reason for USCIS to refuse the petitions? I read somewhere that income weighs more than assets.

My husband has a very difficult time being apart from us...more than the average person...what can I say? I am married to a man who loves me and our daughter very much...so much so it really tears him up inside when we are not together.

Moving out of Florida and going to Louisiana to stay with his folks will provide some financial relief, but he will feel more isolated. He already regrets having to return to the U.S. after spending the summer with us...it is eating at him...but we knew that if he didn't return to the U.S. to establish domicile, we would have a hell of a time getting home.

Not to mention he needs to be re-qualified as a special needs teacher in Louisiana...so that means he cannot get a job as a teacher immediately...he will qualify for other jobs, but since he has not earned any vacation leaves yet...if in the ugly event we do not get a visa or the process is delayed indefinitely, he will have no means to come to the Philippines...and I will have no means (or visa) to be with him in the U.S. It would add stress to an already stressful situation.

Zen Den: Thank you for your post. I'd like to mention too that our main goal in this process is to be reunited as quickly as possible, all together, nobody left behind for any amount of time...so when we get the visas there will be no extensions. lol...you can bet we will get our bums on the next plane out!

I also want to mention that I don't trust Brenda at all...I am afraid of letting her handle Rick's mail if he decides to move out of the apartment...and we need the NOA2 hard copy plus any NVC instructions he will receive.

Does he have a cosponsor or does he meet the financial requirements??

[Dakine 26]

If he's cutting back on how much he eats. How is he going to support you and your anak?

Sounds like no matter what he should hang onto his job.

[Y's_habibitk 2]

Will his parents be willing to be cosponsors if he goes and lives with them until you and your daughter come?

Will they help him while he gets his reaccredidation or whatever LA requires for him to continue teaching? Can he do some teacher's assistant work until he gets the requirements met in LA to teach FT again? Im just throwing out ideas here....it sounds liek he needs to get out of his current living situation before he gets screwed or more depressed.

Good Luck

[marriedtomrg 141]

I'm employed naman, so I am not worried about my husband being unable to send anything.

If my husband becomes homeless and subsequently unemployed we are concerned how that would impact the rest of our application process.

If he's cutting back on how much he eats. How is he going to support you and your anak?

Sounds like no matter what he should hang onto his job.

[meowmeowmeow 1]

is there absolutely no way he can find another place to rent with someone for the same amount he's paying now? even looking on craigslist or something for a roommate? maybe he can find some students from a nearby university who needs roommmates? that could work....

[marriedtomrg 141]

Hi Y's_habibitk.

Yes to all your questions...what will be more difficult for us is the possibility we will be separated even longer than we planned due to these circumstances.

This just in: We have received our I-130 NOA2s...but not the NOA2 for the I-129F. I have a separate question about this new development. Hope you guys can help.

Will his parents be willing to be cosponsors if he goes and lives with them until you and your daughter come?

Will they help him while he gets his reaccredidation or whatever LA requires for him to continue teaching? Can he do some teacher's assistant work until he gets the requirements met in LA to teach FT again? Im just throwing out ideas here....it sounds liek he needs to get out of his current living situation before he gets screwed or more depressed.

Good Luck

[Y's_habibitk 2]

Hi Y's_habibitk.

Yes to all your questions...what will be more difficult for us is the possibility we will be separated even longer than we planned due to these circumstances.

This just in: We have received our I-130 NOA2s...but not the NOA2 for the I-129F. I have a separate question about this new development. Hope you guys can help.

Will his parents be willing to be cosponsors if he goes and lives with them until you and your daughter come?

Will they help him while he gets his reaccredidation or whatever LA requires for him to continue teaching? Can he do some teacher's assistant work until he gets the requirements met in LA to teach FT again? Im just throwing out ideas here....it sounds liek he needs to get out of his current living situation before he gets screwed or more depressed.

Good Luck

wow, congrats! Im glad you guys get some good news during this stressful time

It sounds like him moving in with his parents might be the best option.. I know that is so much to add to this seperation and stress of the upcoming new process since you got the NOA2. I wish you guys good luck and the best of this situation.

Remember that you've made it this far and will be together soon... this is a hurdle that you guys will jump together

Edited August 29, 2009 by Y's_habibitk