fiance temporarily laid off before interview

[usa_phil 0]

Hi everyone! I’m new here. This is our problem…Last December 2009, my fiancé was temporarily laid off from work. He’s been working there for 16 years, he’s not sure yet when to go back to work. I passed my medical exam last month, and we thought they would call him, but it’s almost 2 months now and they haven’t called him yet. But the sure thing is, he will go back there.

We want to call the embassy call center here in Manila to schedule my interview but we’re worried that they might call his work and they will find out that he’s not working now. I called the USEM but learned that they don’t accept co-sponsors for K1 visa. 

He’s got everything ready…employment letter, tax returns, etc. We filed in August and received the NOA2 last December. What should we do? I hope you can help us. Thank you.

[marriedtomrg 141]

Ouch, that doesn't sound good...

Let's bump your inquiry back up to the front of the forum page so other VJ members can help...but I'm pretty sure someone else had the same problem and it was answered...have you tried searching the forum?

Hi everyone! I’m new here. This is our problem…Last December 2009, my fiancé was temporarily laid off from work. He’s been working there for 16 years, he’s not sure yet when to go back to work. I passed my medical exam last month, and we thought they would call him, but it’s almost 2 months now and they haven’t called him yet. But the sure thing is, he will go back there.

We want to call the embassy call center here in Manila to schedule my interview but we’re worried that they might call his work and they will find out that he’s not working now. I called the USEM but learned that they don’t accept co-sponsors for K1 visa. 

He’s got everything ready…employment letter, tax returns, etc. We filed in August and received the NOA2 last December. What should we do? I hope you can help us. Thank you.

[edp333 9]

Many vjers have been approved while being layed off from work. My suggestion would be to add a letter stating he is on temporary layoff with no definite call back date.

Since he worked for the company 16 years did he acquire assets like a 401k plan? The 401k can be used for assets if the unemployment does not meet the 125% of poverty level.

[Tahoma 2,292]

Hi everyone! I’m new here. This is our problem…Last December 2009, my fiancé was temporarily laid off from work. He’s been working there for 16 years, he’s not sure yet when to go back to work. I passed my medical exam last month, and we thought they would call him, but it’s almost 2 months now and they haven’t called him yet. But the sure thing is, he will go back there.

We want to call the embassy call center here in Manila to schedule my interview but we’re worried that they might call his work and they will find out that he’s not working now. I called the USEM but learned that they don’t accept co-sponsors for K1 visa. 

He’s got everything ready…employment letter, tax returns, etc. We filed in August and received the NOA2 last December. What should we do? I hope you can help us. Thank you.

If I were in your shoes, I would go ahead with the interview. Other K1s have passed their interview when the petitioner was not working.

Also, since your fiancé was laid off in December 2009, his tax return for 2009 will include nearly an entire year of his earnings. Was his gross income for 2009 above the poverty guideline for 2009? If so, you likely will have nothing to worry about. Just make sure he files his 2009 income tax return and sends you a copy of it for your interview. He should send you his 2009 W2 also.

He should still include his November 2009 and December 2009 paycheck stubs. Don't try to hide the fact that he is not working. Don't emphasize it either.

And it would also be helpful if he could get a letter from his employer regarding the temporary nature of his layoff. The Embassy may ask for an employment letter and, then again, they may not.

As mentioned above, he can also use a liquid asset such as a 401k as a partial replacement for the income requirement.

Lastly, cosponsors for K1's are allowed on a case-by-case basis. Having a cosponsor certainly would not hurt your case. You need to make the strongest case possible.

The best of luck.

~ Tahoma

[Deputy Purple 1,294]

Temporary/Seasonal Lay-offs are common in some industries here. From the way you described it this is nothing new to him.

As long as his annual income exceeds the requirements then you should be fine.

[mhaze 0]

my then fiance was laid off from work when i had my interview last year...the consul didnt ask if my fiance was working..so long as your ITR is above poverty level you will be fine

[usa_phil 0]

Thank you guys for the replies. He already filed his 2009 income tax return and yes, his annual income exceeds the poverty level.

Do you think we would just use a co-sponsor?