Working while Visa Pends

[Irishlover 2]

Hi, I just sent in my I-130 (February 12) and I have a dilemma. I understand that to qualify for the visa I have to be making an income of 125% over poverty level for our household size, and I currently do, but I want to quit my job. I hate where I'm working and I'm completely miserable, especially with my husband in Ireland . My question is, considering all goes well with the i-130, at what point in the process will they check whether or not I'm working and when they do this how will I have to prove it?

Any information will be soooo much appreciated!!

[Dakine 26]

Proof of finances will need to be proved at NVC and the embassy interview.

Edited February 16, 2010 by Dakine

[trillium13 84]

If you quit this job it will be because you found another one right?

[Irishlover 2]

Yes I would get another job, but maybe not right away. I guess I should stick with it until I find something else then? How long could I there be a gap in my employment before it would look bad? It's not like I would ever go on welfare, or unemployment. What do you think?

[Penguin_ie 5,997]

They wouldn't care about gaps in employment; especially with the current economy, these are quite normal. The problem is the affidavit of support (I-864). For this, not only do you need the recent tax filings, but more importantly, you need to show that you currently make over the poverty guidelines, by providing recent paystubs and a letter from your employer saying you are in continuous employment. With the economy what it is, it may be difficult finding another job when you need it, which would be bad...

But if it happens, you still have two options:

- get a co-sponsor; a friend or family member who stands as guarantoor for your husband.

- Sponsor on assets; if you have at least three times as much in assets (savings, shares, property etc) as the poverty guidelines, you can sponsor that way- this is what we did as my USC husband was unemployed while in Ireland with me.

[Irishlover 2]

Thank you sooooo much!

[Irishlover 2]

I have another question. If I moved to Ireland during the process and had a job while over there which met the requirements in the US would that suffice? And one more thing.... I have no tax return filed for the last couple years because I was a student and I wasn't working, and last year I was traveling the enitre year and never worked. will there be an opportunity for me to explain this or will I automatically be denied? I'm really worried about that part of the process.

[Penguin_ie 5,997]

I have another question. If I moved to Ireland during the process and had a job while over there which met the requirements in the US would that suffice? And one more thing.... I have no tax return filed for the last couple years because I was a student and I wasn't working, and last year I was traveling the enitre year and never worked. will there be an opportunity for me to explain this or will I automatically be denied? I'm really worried about that part of the process.

The job in Ireland won't count I am afraid, as it will not continue once you move back to the USA (presumably- unless you can get an inter-company transfer or something). Also, Ireland's economy is pretty bad and I am not sure what the situation is in getting a work visa as a spouse of an Irish citizen, so you may not be able to find be allowed to work anyways.

If you worked so little/made so little that you were not required by law to file tax returns (the US makes you file even if you don;t owe anything often...), then all you need to do is write a short letter explaining this, no problems there (again, is what my husband did as he was unemployed).

[Irishlover 2]

I have another question. This is probably a stupid question but.............. when it comes to the poverty guidelines, is that our actual net salary, or is that before deductions and taxes? Because before deductions (health insurance, disability, etc,) I make over the 125% but after deductions I make less. I'm really worried about this!

thanks

[Rebecca Jo 1,962]

I have another question. This is probably a stupid question but.............. when it comes to the poverty guidelines, is that our actual net salary, or is that before deductions and taxes? Because before deductions (health insurance, disability, etc,) I make over the 125% but after deductions I make less. I'm really worried about this!

thanks

Use the before-tax figure.