Employed at time of AOS Interview?

[Guitarlo 2]

My wife (K1) and her son (K2) are coming up for our AOS interview. After their VISAs were approved and on their way to the States, I became unemployed and collecting U.I. benefits. When I filed the I-864 I used my U.I beneifts as part of my income. My I-485 was approved.

My question is I've been reading all the AOS interviews and it appears random that the petitioner is asked if they're "employed". Does anyone know if the employed question, if it's asked, is random? I read one post where the petitioner said he was out of work during the interview and they took his U.I. into account and approved him. But, I'm left wondering if their decision was based on how much his U.I. benefits would last? So, that would mean if he was laid off in July 09 and the AOS interview was December 09 they approved him based on 6 months of U.I. in 2009 and with extensions 6 months in 2010 (his U.I. benefits must have exceeded the poverty guidelines for 2009?). But what about 2010?

I wonder once your I-864 is approved why the employed question would even be raised again? During the AOS interview the question according to VJ posts appears to be random and varies. I've not read anyone being not approved during the AOS interview because they were laid off with U.I. benefits, which is different than no income.

Thanks,

[We Got 2 0]

Hi Guitarlo...

In our case my husband (the USC), became unemployed on July and was approved for Unemployment Benefits that same week.

As of that week on his paystub the year-to-date showed that he had already made the amount to support like 8 people according to the USCIS 2009 Poverty Guidelines, and we're only a family of 4. However, on September we decided to apply for AOS for me (I came on a tourist visa and overstayed), and what they did was they consolidated what he had earned until he was unemployed plus his unemployment benefits. I do believe that they take onto consideration that unemployment benefits last 6 months (plus whatever extension you get from the goverment), so it shouldn't be an issue whether the UB are for 6 months or so. They have to consolidate.

In our case, because of errors from the people we hired to fill the applications, they incorrectly stated that his only income was the 15k approved for unemployment (and even made another mistake listing the income as of 11k), ignoring the year-to-date of his current income. We recieved 2 RFE's based on all this and we sent copies of his last 2 paystubs, a copy of the letter sent by the Dept. of Labor stating the amount of his UB and another copy of the aditional benefits (2k) signed by President Obama for people collecting UB. At the interview (last week) the interviewing officer told us that they have consolidated this (she asked him if he was employed, he said no, but that he had a few interviews with some companies that very same week) and offered her to show the confirmation emails on that. She declined though...

You being unemployed shouldn't not be a problem as long as you combine that income plus whatever you have earned this year, that amount should be above or fall into the Poverty Guidelines for a family of the number of members that you guys have.

Good luck!!!

[Dakine 26]

In my case the IO went over my income with a fine tooth comb at the AOS interview. That's about all he looked at.

At that time I thought once you got by the embassy interview you were free and clear with the financial part like when you are removing conditions Wrong.

Edited December 22, 2009 by Dakine

[Guitarlo 2]

Hi Guitarlo...

In our case my husband (the USC), became unemployed on July and was approved for Unemployment Benefits that same week.

As of that week on his paystub the year-to-date showed that he had already made the amount to support like 8 people according to the USCIS 2009 Poverty Guidelines, and we're only a family of 4. However, on September we decided to apply for AOS for me (I came on a tourist visa and overstayed), and what they did was they consolidated what he had earned until he was unemployed plus his unemployment benefits. I do believe that they take onto consideration that unemployment benefits last 6 months (plus whatever extension you get from the goverment), so it shouldn't be an issue whether the UB are for 6 months or so. They have to consolidate.

In our case, because of errors from the people we hired to fill the applications, they incorrectly stated that his only income was the 15k approved for unemployment (and even made another mistake listing the income as of 11k), ignoring the year-to-date of his current income. We recieved 2 RFE's based on all this and we sent copies of his last 2 paystubs, a copy of the letter sent by the Dept. of Labor stating the amount of his UB and another copy of the aditional benefits (2k) signed by President Obama for people collecting UB. At the interview (last week) the interviewing officer told us that they have consolidated this (she asked him if he was employed, he said no, but that he had a few interviews with some companies that very same week) and offered her to show the confirmation emails on that. She declined though...

You being unemployed shouldn't not be a problem as long as you combine that income plus whatever you have earned this year, that amount should be above or fall into the Poverty Guidelines for a family of the number of members that you guys have.

Good luck!!!

Thanks for the reply. Your situation is the same as mine. I have W2 income plus UB. The two combined is more than enough for my family of (3). I assumed that once your I864 was accepted the question of support would not be raised during the AOS interview? Apparently, people get asked and some don't. It's a 50/50? I was paranoid that being on UB during the interview would somehow disqualify me and delay the AOS approval. Where I'm confused is I thought once you filed the I-864 and there are no RFEs that means your support is spproved? Then why ask again if you're employed at the interview?

Happy Holidays from Minnesota!

[Guitarlo 2]

In my case the IO went over my income with a fine tooth comb at the AOS interview. That's about all he looked at.

At that time I thought once you got by the embassy interview you were free and clear with the financial part like when you are removing conditions Wrong.

Were you the petitioner? Self-employed? Do you have any speculation as to why they were examining the numbers so closely?

Happy Holidays from Minnesota?