Fiance laid off between packet 3 and interview

[Adrian+Mike 2]

Hi guys and gals,

Unfortunatly my better half got laid off today. She has two jobs which she works during the week so she's currently looking for another to make up the rest of her income. The problem is as we're patiently waiting for an interview date I already have all the I-134 stuff filled out with letters of employment detailing her salary from both employers. As the embassy already has packet 3 is it still ok to just go ahead as is with what we have already? We do have a co-sponser if needs be but we would rather not have to use them if possible.

As is this could get any more stressful.. lol

Cheers

[M.O 6]

you should let them know...not telling the truth is not good for you...or you status later on if they find out...

[Adrian+Mike 2]

you should let them know...not telling the truth is not good for you...or you status later on if they find out...

Hi,

I never mentioned lieing, if we did go ahead and they asked I would obviously tell them. I just wondered if anyone had any experience in this before and what the best course of action would be.

[Otto 83]

I just wondered if anyone had any experience in this before and what the best course of action would be.

How does this recent event impact her financially?

(Obviously less money but does it impact her overall qualifications to meet the minimum requirements?)

[Adrian+Mike 2]

How does this recent event impact her financially?

(Obviously less money but does it impact her overall qualifications to meet the minimum requirements?)

Not enough to meet the poverty line, but that isn't taking into account unemployment insurance (not sure if they would include that or not?) but we don't know how much that will be yet as its literally hours ago she got laid off.

I'd love to say just give it a few weeks to see if she can get another job, but if we need to use our co-sponser we obviously need to move fast to get all the documents together so she can send me them before we get an interview date through.

Edited February 22, 2010 by Adrian+Mike

[Adrian+Mike 2]

Just out of curiosity what if we got another letter from her employer who laid her off stating what her salary was and that the position is still avalible if buissness picks up - or something along thoes lines and went in with that. If they didn't accept it and I took along the co-sponser documents and presented them as backup would they then accept that?

Thanks again.

[Otto 83]

Not enough to meet the poverty line, but that isn't taking into account unemployment insurance (not sure if they would include that or not?) but we don't know how much that will be yet as its literally hours ago she got laid off.

I'd love to say just give it a few weeks to see if she can get another job, but if we need to use our co-sponser we obviously need to move fast to get all the documents together so she can send me them before we get an interview date through.

Candidly - it is entirely possible that the Embassy would review the affidavit of support (and all the stuff with it) and never make any comments about it. So it could 'fly' just the way it is - BUT - that might not be the advisable approach (all they'd have to do is ask "has anything changed?' and you're on the hook).

If it were me - I'd revise my affidavit (do a new one, with all new supporting evidence - which would be mostly copies of what you already have and based on what is CURRENT) AND secure a co-sponsor.

I'd have these new affidavits with me for the interview.

[Adrian+Mike 2]

Candidly - it is entirely possible that the Embassy would review the affidavit of support (and all the stuff with it) and never make any comments about it. So it could 'fly' just the way it is - BUT - that might not be the advisable approach (all they'd have to do is ask "has anything changed?' and you're on the hook).

If it were me - I'd revise my affidavit (do a new one, with all new supporting evidence - which would be mostly copies of what you already have and based on what is CURRENT) AND secure a co-sponsor.

I'd have these new affidavits with me for the interview.

Gotcha, we have no problem getting a co-sponser - would they then accept both affidavits, her own plus the co-sponsers at the same time? Would that require sumbitting two I-134's?

Edited February 22, 2010 by Adrian+Mike

[Otto 83]

Would that require sumbitting two I-134's?

It would, yes - two affidavits (and assorted supporting evidence).

[John and Camie 39]

I would do exactly what Otto und Karin suggested.

I was laid off a week after our NOA-2 (as I've mentioned elsewhere), so we got my parents to co-sponsor (complete with their own form and supporting docs), filled out a new I-134 (I still provided my tax transcripts, W-2s, etc.) as "unemployed," and John mentioned in the interview that I was laid off right after our NOA-2 (they did ask him about my unemployment). The interviewer was very sympathetic.

You are in my thoughts. Fortunately, the Affidavit proved to be less of an issue for us at the K-1 stage, so I hope that gives you some consolation. Some people have claimed their unemployment insurance when filing their AOS, but I waited until I got another job; otherwise, I would've once again used my parents as a co-sponsor.

Best wishes in your fiancee's job search. It took me 6 months, but I got another job, and I think she will, too.

[Adrian+Mike 2]

Thanks so much both of you! I haven't looked into the co-sponsor side of things at all, so just to clarify for a numpty like myself, i need two I-134's from both my finance and co-sponsor and supporting evidence from both of them. Theres no other forms other than the ones ive already sent in for the interview?

Also do I go by the 3 people now for the poverty guidelines when calculating the 125% line? Would they take in both sponsors income for that or just the co-sponsors?

What was something that was about to blow my head off with stress you've both made us feel alot better, thanks again.

[SunDrop 59]

Thanks so much both of you! I haven't looked into the co-sponsor side of things at all, so just to clarify for a numpty like myself, i need two I-134's from both my finance and co-sponsor and supporting evidence from both of them. Theres no other forms other than the ones ive already sent in for the interview?

Also do I go by the 3 people now for the poverty guidelines when calculating the 125% line? Would they take in both sponsors income for that or just the co-sponsors?

What was something that was about to blow my head off with stress you've both made us feel alot better, thanks again.

You can't combine incomes between sponsor and co-sponsor, in other words each sponsor has to demonstrate their current financial situation and their own dependents.

Your co-sponsor has to demonstrate that their income is 125% of the poverty line for them, you, and however many other dependents they have. This is usually anyone they claim on their tax returns, plus all children under 18 even if they don't live with the co-sponsor. If they have already sponsored someone, they need to include them too. This is more often the case where people have obtained relative visas for their parents, and are now doing the same for siblings. If they don't claim your fiancee on their tax returns as a dependent, then you wouldn't count them in the household size (irrespective of whether they live in the same house or not).

In our case, my fiance will do an I-134 but falls short of the poverty line for 3 people (him, me and my daughter) so his mom is co-sponsoring. She is married and files taxes jointly with her husband. She therefore needs to meet the 125% for 4 people (her, her husband, me and my daughter).

Edited February 22, 2010 by SunDrop

[Adrian+Mike 2]

You can't combine incomes between sponsor and co-sponsor, in other words each sponsor has to demonstrate their current financial situation and their own dependents.

Your co-sponsor has to demonstrate that their income is 125% of the poverty line for them, you, and however many other dependents they have. This is usually anyone they claim on their tax returns, plus all children under 18 even if they don't live with the co-sponsor. If they have already sponsored someone, they need to include them too. This is more often the case where people have obtained relative visas for their parents, and are now doing the same for siblings. If they don't claim your fiancee on their tax returns as a dependent, then you wouldn't count them in the household size (irrespective of whether they live in the same house or not).

In our case, my fiance will do an I-134 but falls short of the poverty line for 3 people (him, me and my daughter) so his mom is co-sponsoring. She is married and files taxes jointly with her husband. She therefore needs to meet the 125% for 4 people (her, her husband, me and my daughter).

Sweet thanks, thats what we thought just the other way around (me her and her mom) but instead its me her mom and her dad so its still 3 which would be fine.

Thanks for clearing that up!

[John and Camie 39]

Oh, sorry I missed this, Adrian + Mike! Glad you got the answer you needed.