Unemployment benefits used for support

[Michael Palmer 0]

My Wife and I were married last August and I want to start the I-130, K-3 process for my wife in the Philippines to come to Vegas and finish the process here. I have been layed off and now my only income is from Unemployment Insurance but the amount I receive is over the $18213, 125% above poverty for the two of us. Can I still file the I-129F using these funds since they do meet the income requirement per year.

[Deputy Purple 1,294]

Why would you file for K-3 instead of just straight CR-1?

Regarding the income, file your 2009 Tax Returns and use 2007, 2008, 2009 Tax Returns with your Affidavit of Support. One advantage to the IR/CR Visa over K-1 is that the NVC accepts your AOS so the USEM can't deny Visa based on income.

I can't see why Unemployment Ins would be excluded, I've read cases where Disability was the sole source of income and not a problem as long as they exceeded the 125% guideline.

[DouglasFiel 53]

Try to find a co-sponser,, as a backup to your income,,,

Also, might want to pursue the CR1 rather then the K3,,, not much time difference,, will be cheaper once she gets to the USA

and she can look for work once she receives the SSN card in 2 weeks or so after entering the country.

We did a CR1 in a little over 4 months end to end.

Another point with the CR1 route,,, the NVC will accept the I864.. so if there is a problem you can get it fixed before the interview,,,

otherwise the local consulate will be the one to validate the I864... If you have a problem at the interview I suspect it will take alot

longer to resolve.

Regards and Good Luck,

[Michael Palmer 0]

My understanding is that by filing for a K-3, she can get here much faster (5-6 months) than by going the C-1 route. Maybe I am not understanding which way is the fastest. She graduates and takes her local Nursing Exam there in May and we don't want to wait any longer than we have to. So, which is the speediest to get my Wife home..the K-3 or C-1 route?

[milimelo 4,481]

CR-1.

[Darnell 8,478]

You don't have to prove up income on the K-3 until Interview Day, via an I-134, at the Embassy.

You have to SUBMIT an I864 with income documents for the CR-1/I-130 at NVC, after the I-130 is approved.

Where are you, in the filing process?

If you've not filed yet, well, IMO, you have a nice 6 month window to get get a job.

Can you do that?

[pushbrk 12,898]

Why would you file for K-3 instead of just straight CR-1?

Regarding the income, file your 2009 Tax Returns and use 2007, 2008, 2009 Tax Returns with your Affidavit of Support. One advantage to the IR/CR Visa over K-1 is that the NVC accepts your AOS so the USEM can't deny Visa based on income.

I can't see why Unemployment Ins would be excluded, I've read cases where Disability was the sole source of income and not a problem as long as they exceeded the 125% guideline.

First, all information you read that indicates K3 saves time is at least three years old.

The statement I put in bold in the above post is inaccurate. The Consular officer ALWAYS makes the decision about financial sponsorship issues.

The advantage of the CR1 route is that Manila WILL accept joint sponsors. So, if you don't qualify, there's still a chance of success.

I have seen to credible reports of sponsors qualifying based on temporary unemployment compensation. Manila takes their public charge responsibilities very seriously.

[Guitarlo 2]

My Wife and I were married last August and I want to start the I-130, K-3 process for my wife in the Philippines to come to Vegas and finish the process here. I have been layed off and now my only income is from Unemployment Insurance but the amount I receive is over the $18213, 125% above poverty for the two of us. Can I still file the I-129F using these funds since they do meet the income requirement per year.

I don't know if this helps but I used my Unemployment Insurance as part of my I864 AOS support income and it was approved.

Good luck

[daboyz 36]

Why would you file for K-3 instead of just straight CR-1?

Regarding the income, file your 2009 Tax Returns and use 2007, 2008, 2009 Tax Returns with your Affidavit of Support. One advantage to the IR/CR Visa over K-1 is that the NVC accepts your AOS so the USEM can't deny Visa based on income.

I can't see why Unemployment Ins would be excluded, I've read cases where Disability was the sole source of income and not a problem as long as they exceeded the 125% guideline.

Wanna bet? This happened to me. NVC approved my I-1864 and sent everything to the embassy. At her interview they gave her 221g because of some money that I owed the IRS. The money that I owed put me below the guidelines. Not sure why NVC didn't bring this up.

[pushbrk 12,898]

First, all information you read that indicates K3 saves time is at least three years old.

The statement I put in bold in the above post is inaccurate. The Consular officer ALWAYS makes the decision about financial sponsorship issues.

The advantage of the CR1 route is that Manila WILL accept joint sponsors. So, if you don't qualify, there's still a chance of success.

I have seen to credible reports of sponsors qualifying based on temporary unemployment compensation. Manila takes their public charge responsibilities very seriously.

Correction. I have seen "no" credible reports.

I see somebody else has just now indicated they used unemployment as "some of" the income in their affidavit of support. Without knowing if they had a current job, disclosed assets as well or used a joint sponsor, that information is not very useful.

[Bobby+Umit 161]

Correction. I have seen "no" credible reports.

I see somebody else has just now indicated they used unemployment as "some of" the income in their affidavit of support. Without knowing if they had a current job, disclosed assets as well or used a joint sponsor, that information is not very useful.

Concur with Pushbrk.

On the State.gov I-864 FAQ they state this:

Is a sufficient I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

No. Even though the I-864 is a contract and the U.S. government prohibits giving immigrants most federal means-tested public benefits for at least the first five years after their arrival in the U.S., consular officers look at other public charge issues. They will look at the complete financial situation of the sponsor and the applicant. This means looking at the age, health, education, skills, financial resources and family status of the applicant and the sponsor. They will confirm to the extent possible that the applicant will have adequate financial support and is not likely to become a public charge.

(emphasis mine)

So - will your unemployment benefits last 5 years?

[Guitarlo 2]

Correction. I have seen "no" credible reports.

I see somebody else has just now indicated they used unemployment as "some of" the income in their affidavit of support. Without knowing if they had a current job, disclosed assets as well or used a joint sponsor, that information is not very useful.

To be more exact for my I-864 I used W-2 income, which was just shy of the 125% poverty guideline for (3) people, plus I included my unemployment insurance. In addition, I added as backup the assets of my 401K. The only assumption I can make when it was approved is one or part of my income put me over the top. Now, the question remains what if anything will happen during the AOS interview I have on Feb 8 and I'm still collecting unemployment insurance? That question is outside this dicussion but I believe it's relative. I read only (1) post on VJ where the petioner was asked during the AOS interview if he was working and he said no I have some good job leads. The CO didn't say another word and they left approved with the 551 stamped in her passport.

Is there any information what happens after your 864 was approved why or if it matters what your current situation is at the AOS interview? Are you really subjected to proving AGAIN your financials?

[pushbrk 12,898]

To be more exact for my I-864 I used W-2 income, which was just shy of the 125% poverty guideline for (3) people, plus I included my unemployment insurance. In addition, I added as backup the assets of my 401K. The only assumption I can make when it was approved is one or part of my income put me over the top. Now, the question remains what if anything will happen during the AOS interview I have on Feb 8 and I'm still collecting unemployment insurance? That question is outside this dicussion but I believe it's relative. I read only (1) post on VJ where the petioner was asked during the AOS interview if he was working and he said no I have some good job leads. The CO didn't say another word and they left approved with the 551 stamped in her passport.

Is there any information what happens after your 864 was approved why or if it matters what your current situation is at the AOS interview? Are you really subjected to proving AGAIN your financials?

I suspect you met the public charge concerns based on the combination of W2 income plus assets.

As for the I-864 at interview time, it is applicable in all K visa case eventually so on topic here, IMO. It's important to understand that any decision about your I-864 and the public charge concern is made by the adjudicator at the interview or in many K1 cases, by the adjudicator at CSC when there is no interview. It is not pre-approved prior to any AOS interview. Also, it is a completely different government agency doing the evaluation than when the visa was issued. Some adjudicators are more thorough than others and some cases garner more scrutiny.

Unless I had current clearly sufficient EARNED income and/or sufficient documented LIQUID ASSETS, I would have a joint sponsor's affidavit ready to submit at the AOS interview.

[Guitarlo 2]

I suspect you met the public charge concerns based on the combination of W2 income plus assets.

As for the I-864 at interview time, it is applicable in all K visa case eventually so on topic here, IMO. It's important to understand that any decision about your I-864 and the public charge concern is made by the adjudicator at the interview or in many K1 cases, by the adjudicator at CSC when there is no interview. It is not pre-approved prior to any AOS interview. Also, it is a completely different government agency doing the evaluation than when the visa was issued. Some adjudicators are more thorough than others and some cases garner more scrutiny.

Unless I had current clearly sufficient EARNED income and/or sufficient documented LIQUID ASSETS, I would have a joint sponsor's affidavit ready to submit at the AOS interview.

Thanks for the response. Bare in mind another person during their AOS interview when asked if they were employed said no and they were approved. Do you consider unemployment insurance EARNED income? And for what time period? 2009 or 2010? How long do you need to show AOS support for? One year? If all else falis in my case I guess I can pull out my 401 and savings- but that's good for a year of support. It all seems a bit weird this public charge concern - the day after an approved AOS interveiw you could lose your job. And then my wife is sitting there with a diploma she just earned from the State Dental board. If the I-864 was never approved why did I send it in? Why were social security cards and AP et al issued? WIsh me luck I'm too old for joint sponsors!

Am I rambling? Sorry

[Michael Palmer 0]

No, they will not last 5 years but, they are guaranteed where a job is not. I know that if I dont find employment for the next 36 weeks, I have this income coming in, whereas with a job, you dont know if you will have it tomorrow, much less 36 weeks from now. Therefore, it would seem the guaranteed benefit would outway one that is not. Just my common sense opinion though. It would seem also that with the crisis across this Country, this information should be made available by the State Dept. which has been unresponsive to my request for information about this topic. But I do appreciate all the input from you guys and gals out there that have firsthand knowledge and experiences in sponsoring CR-1 or K-3 Visas and thank you for your feedback.