I-129f while unemployed

[Sisyphus 1]

First let me apologize if my following questions have been answered somewhere here on VJ. I have read the guides, forums, faq, Wiki until my eyeballs are falling out. If answers to these questions are on here, just post a link...thanks.

This website has the happy problem of a ton of information. Certainly this is the best website I have seen for visa issues.

Thanks to everyone who so diligently work to keep it such.

I am trying to decide on the best course of action to file a I-129f for my Chinese fiancee. I am a USC, She has a 19yo son who wants a K-2, I am aware of the age out issue, so time is of the essence.

My problem is that I am unemployed and have been since 1/2009. I have read the forums and understand that the UI$ is appropriate to enter on the G325A and later the I-134 (AOS).

I don't want to ask anybody to cosponsor and I don't have the assets for an asset based sponsorship. I know I need to find a job, and I assume I will. My 2007, 2008 tax returns are over 50k income so that's not an issue. 2009 (and later 2010) is over 30k, however its mostly UI$. I assume if I file now, (consulate interview in 2011) the support income basis will be 2010, 2009, 2008.

I don't know if it's a good idea to file (I-129f) and just deal with RFE's and red flags. I want this to be a clean process. I think we have all the other docs/proofs in order.

At this point I have four questions:

1.) If I file the I-129f now, showing currently unemployed on the G325, will the petition be denied stateside before it is sent to the Chinese consulate in GZ?

2.) If the petition gets to GZ will it be denied before an interview is scheduled with my fiancee?

3.) I heard from a knowledgeable member that it is possible to delay the GZ interview for up to 1 year after the petition gets there.

How is this accomplished so as not to raise any red flags?

4.) Assuming I get a decent job, is the 2009 (and 2010) tax return showing mostly UI$ a problem?

I would appreciate answers from people who have dealt with this UI$ issue.

Many thanks...

Edited October 2, 2010 by Sisyphus

[Y&E 12]

The income requirement that you'll have to worry about for the current year can be found here: http://www.uscis.gov/files/form/i-864p.pdf . I don't understand what you mean by UI$ so my answer may not be of any use to you. Your household will include you and any other people you are responsible for - so your fiancee, her son and any other people you currently support.

[Sisyphus 1]

The income requirement that you'll have to worry about for the current year can be found here: http://www.uscis.gov/files/form/i-864p.pdf . I don't understand what you mean by UI$ so my answer may not be of any use to you. Your household will include you and any other people you are responsible for - so your fiancee, her son and any other people you currently support.

Thanks, but I understand what the income requirement is.

UI$ = Unemployment Insurance Compensation Dollars

currently $610 per week $31720. annually

[JoannaV 174]

You do not have to be employed in order to sponsor her. Your income may come from any (legal) source.

The emphasis nowadays is placed on your current income, not your past income. So if you get a job the only question asked might be "How come your expected income for this year is higher than the last two years?" And the answer would be that you were unemployed for a while. This is not a problem.

As for delaying the interview, you can do this for many reasons including that it doesn't fit in with your travel arrangements or whatever. You don't necessarily need to give a reason. If asked at the interview, your fiancee could explain that you wanted to save up a bit more money before getting married. Embassies will vary on how easy it is to rearrange an interview, so I can't speak for GZ specifically.

[Sisyphus 1]

You do not have to be employed in order to sponsor her. Your income may come from any (legal) source.

The emphasis nowadays is placed on your current income, not your past income. So if you get a job the only question asked might be "How come your expected income for this year is higher than the last two years?" And the answer would be that you were unemployed for a while. This is not a problem.

As for delaying the interview, you can do this for many reasons including that it doesn't fit in with your travel arrangements or whatever. You don't necessarily need to give a reason. If asked at the interview, your fiancee could explain that you wanted to save up a bit more money before getting married. Embassies will vary on how easy it is to rearrange an interview, so I can't speak for GZ specifically.

Thanks, Yes I understand that the pettioner isn't required to have a job per se. However an ongoing income, or 3 years income in assets, is required. My understanding is that the DOS doesn't consider unemployment income as "ongoing" for the pupose of sponsorship. So while it is considered income it is considered temporary, and isn't used to decide whether the pettioner has the means to support the beneficiary as required in the AOS. I believe the thinking is that the pettioner's ongoing support, via income or assets, precludes the beneficiary(s) need for "means tested benefits" i.e. welfare, food stamps, section 8 housing etc.

Edited October 2, 2010 by Sisyphus

[JoannaV 174]

Maybe you should ask this question in the Chinese regional forum (http://www.visajourney.com/forums/forum/94-china/) to get an idea of how it is handled there.

For sure, once you find a job and have had it for a little while, it won't be a problem at all.

What I do know, is that if you don't apply then you won't be approved. Obvious, but relevant when considering some issues.

[Gary and Alla 3,694]

First let me apologize if my following questions have been answered somewhere here on VJ. I have read the guides, forums, faq, Wiki until my eyeballs are falling out. If answers to these questions are on here, just post a link...thanks.

This website has the happy problem of a ton of information. Certainly this is the best website I have seen for visa issues.

Thanks to everyone who so diligently work to keep it such.

I am trying to decide on the best course of action to file a I-129f for my Chinese fiancee. I am a USC, She has a 19yo son who wants a K-2, I am aware of the age out issue, so time is of the essence.

My problem is that I am unemployed and have been since 1/2009. I have read the forums and understand that the UI$ is appropriate to enter on the G325A and later the I-134 (AOS).

I don't want to ask anybody to cosponsor and I don't have the assets for an asset based sponsorship. I know I need to find a job, and I assume I will. My 2007, 2008 tax returns are over 50k income so that's not an issue. 2009 (and later 2010) is over 30k, however its mostly UI$. I assume if I file now, (consulate interview in 2011) the support income basis will be 2010, 2009, 2008.

I don't know if it's a good idea to file (I-129f) and just deal with RFE's and red flags. I want this to be a clean process. I think we have all the other docs/proofs in order.

At this point I have four questions:

1.) If I file the I-129f now, showing currently unemployed on the G325, will the petition be denied stateside before it is sent to the Chinese consulate in GZ?

2.) If the petition gets to GZ will it be denied before an interview is scheduled with my fiancee?

3.) I heard from a knowledgeable member that it is possible to delay the GZ interview for up to 1 year after the petition gets there.

How is this accomplished so as not to raise any red flags?

4.) Assuming I get a decent job, is the 2009 (and 2010) tax return showing mostly UI$ a problem?

I would appreciate answers from people who have dealt with this UI$ issue.

Many thanks...

1. No. Proof of income not needed for the petition. Besides, NO ONE needs a job. Ever. You have to have a way of supporting the fiancee and that is proven at the interview. Jobs are a handy and easy way to do it, but not the only way by any means.

2. Yes. No money, no honey. You can use a co-sponsor. Cross that bridge when you come to it.

3. It is possible. It is done in 4 month increments and does not raise red flags, you request the consulate to extend the petition. It is usually approved.

4. No. Current income is most important, last year means basically nothing for an employed individual.

[Sisyphus 1]

1. No. Proof of income not needed for the petition. Besides, NO ONE needs a job. Ever. You have to have a way of supporting the fiancee and that is proven at the interview. Jobs are a handy and easy way to do it, but not the only way by any means.

OK thanks, I know no proof of income is required for I129f filing.

So I guess you are saying the NVC sends it to the consulate regardless of work history, right?

This makes me wonder why the G325 even requires a work history for the pettiioner.

2. Yes. No money, no honey. You can use a co-sponsor. Cross that bridge when you come to it.

Are you are saying the consulate will deny the petition before an interview is scheduled? It doesn't make much sense to me to file if it's going to be denied at the consulate level.

I see now at the GZ consulate site: http://photos.state.gov/libraries/guangzhou/47024/K%20p3/K%20Instruction%20-Aug_%2010.pdf

this K Instruction packet which says "don't send in the I134" but the benefiiciary does need to have it before sending in the completed form 169.

It seems that a person could simply delay sending in the 169 until adaquate income verification could be provided. Would this work? Red flag? How long will the consulate wait for the 169? one year?

3. It is possible. It is done in 4 month increments and does not raise red flags, you request the consulate to extend the petition. It is usually approved.

Ok thanks

4. No. Current income is most important, last year means basically nothing for an employed individual.

OK thanks

[ghanagal 2]

I was unemployed when I initially filed my petition, in fact I did not become emplyed till about a year later. You are fine, in the meantime I hope you find a job so you can meet the income requirements if not you will need a co sponser.

[Sisyphus 1]

I was unemployed when I initially filed my petition, in fact I did not become emplyed till about a year later. You are fine, in the meantime I hope you find a job so you can meet the income requirements if not you will need a co sponser.

Thanks, but your situation is not the same as mine. You filed I-130 for IR1/CR1, I will file I129f for K-1. I don't think the process or adjudication is the same.

Also I see that your visa was denied, want was/is the issue?

Anyone with experience filing, going through the K-1 process while unemployed?

[HeatDeath 430]

My USC now-wife was unemployed when she filed our I-129F. We had her mother sponsor me with an I-134 at the interview and an I-864 at the AOS phase. Of course, we were going through the consulate in Vancouver, Canada, which may be significantly more laid back than the consulate in China.

I should point out though that even in Vancouver, a consulate renowned for being "easy", the combination of my [mild] diabetes and the lack of immediate access to health insurance (my spouse being unemployed and therefore unable to add me to hers] was the consular officer's biggest concern. If your fiancee has any kind of chronic medical condition, you two should have a good plan for how you two will deal with that, and your spouse should know how to explain that plan in a very convincing way - she might get asked about it at the interview.

[PurpleSky 19]

Since G&A answered your questions already I'll just give you my own personal info:

I filed my K1 while being unemployed, reason being I wanted to get the process started because I knew it would be a bit of a wait. While waiting, I continued to search for a job because I really didn't want to use a co-sponsor. I made sure co-sponsors were accepted where FH would be interviewing just in case though. I also sent an email to the consulate where he'll be interviewing asking questions regarding my unemployment income, my student status and how that all would affect our process. They gave me some good information stating that it wouldn't be a problem as long as I met the income guidelines for my family size (me , FH and my child). I printed that email out to be included in the packet I send FH to bring to his interview.

My suggestion for you is if you've met the requirements for filing the K1 then go ahead and get it started while you're unemployed especially seeing that your UI is currently enough to have at max 4 ppl in your household. I suggest that you start it now because of the 2yr requirement of the K1 just so you won't run into any issues or have to rush to get a visit in. Plus given your stepson's age, as you said, time is of the essence. The good part about all this is by the time you even get to interview stage you may very well have a job by then so your UI won't even be an issue since they consider current income. FWIW, I just started a new job last week and I have to say, I'm very happy I went ahead and got the ball rolling because likely, I'll be in my current position a few months before FH's interview since we haven't even gotten our NOA2 yet.

Good luck!

[Gary and Alla 3,694]

Thanks, but your situation is not the same as mine. You filed I-130 for IR1/CR1, I will file I129f for K-1. I don't think the process or adjudication is the same.

Also I see that your visa was denied, want was/is the issue?

Anyone with experience filing, going through the K-1 process while unemployed?

Sorry if I was unclear. The consulate WILL NOT deny a visa before an interview. Sorry. I meant that if you had no means to supprt her at the TIME OF the interview, they will deny the visa.

We have been asking here for sometime for anyone to post that they have attained a visa based on UI alone. Or without a co-sponsor. So far, no takers.

Your UI is sufficient to qualify and IS a legal means of income and IS NOT welfare, so in theory anyway, it qualifies you in and of itself. The problem is that the consulate MAY view the income as temporary and not "count it". Consulates can do what they please. I think what has happened is that, so far, anyone on unemployment has secured a co-sponsor so as not to take chances. I don't blame them and would advise anyone else to do the same. If you want to be the VJ unemployment guinea pig, we would be very appreciative. And China is a fairly difficult consulate, if you get approved there, it would work almost anywhere.

Given our present economy, this has been a repeated topic and would be of interest to a lot of people, but I have to advise lining up a co-sponsor while you try to replace your employment.

FYI, it doesn't take a lot of employment income, $19,000 per year will do you well, and in most states you can still receive supplemental UI income for the difference, and your unemployment income will last much longer since you are not taking so much. In other words, you can take a job paying $10 per hour, supplement the remaining $200+ per week with UI and have a job while you look for a job and be covered on all bases (besides as a person that hires people, I will take a person that is working over a person that is not working any day of the week) You do not even have to mention the unemployment income on your I-134. There is no requirement to list ALL sources of income on an I-134, I certainly did not, you only need to list enough to show you have a means of support.

[Gary and Alla 3,694]

Since G&A answered your questions already I'll just give you my own personal info:

I filed my K1 while being unemployed, reason being I wanted to get the process started because I knew it would be a bit of a wait. While waiting, I continued to search for a job because I really didn't want to use a co-sponsor. I made sure co-sponsors were accepted where FH would be interviewing just in case though. I also sent an email to the consulate where he'll be interviewing asking questions regarding my unemployment income, my student status and how that all would affect our process. They gave me some good information stating that it wouldn't be a problem as long as I met the income guidelines for my family size (me , FH and my child). I printed that email out to be included in the packet I send FH to bring to his interview.

My suggestion for you is if you've met the requirements for filing the K1 then go ahead and get it started while you're unemployed especially seeing that your UI is currently enough to have at max 4 ppl in your household. I suggest that you start it now because of the 2yr requirement of the K1 just so you won't run into any issues or have to rush to get a visit in. Plus given your stepson's age, as you said, time is of the essence. The good part about all this is by the time you even get to interview stage you may very well have a job by then so your UI won't even be an issue since they consider current income. FWIW, I just started a new job last week and I have to say, I'm very happy I went ahead and got the ball rolling because likely, I'll be in my current position a few months before FH's interview since we haven't even gotten our NOA2 yet.

Good luck!

This is not bad news, and Gambia is not known for being an easy consulate. However I have personal experience of receiving bad information in emails from consulates and then there is always the reality that different consulates have different attitudes. But it is certainly interesting.

In my own opinion (which is worth -0- to consulates) it would seem nowadays that Unemployment insurance is one of the more reliable forms of income...sad to say, but how can one deny it? What guarantees does anyone have that they will have 99 weeks of income from their job?

[Sisyphus 1]

Sorry if I was unclear. The consulate WILL NOT deny a visa before an interview. Sorry. I meant that if you had no means to supprt her at the TIME OF the interview, they will deny the visa.

We have been asking here for sometime for anyone to post that they have attained a visa based on UI alone. Or without a co-sponsor. So far, no takers.

Your UI is sufficient to qualify and IS a legal means of income and IS NOT welfare, so in theory anyway, it qualifies you in and of itself. The problem is that the consulate MAY view the income as temporary and not "count it". Consulates can do what they please. I think what has happened is that, so far, anyone on unemployment has secured a co-sponsor so as not to take chances. I don't blame them and would advise anyone else to do the same. If you want to be the VJ unemployment guinea pig, we would be very appreciative. And China is a fairly difficult consulate, if you get approved there, it would work almost anywhere.

Given our present economy, this has been a repeated topic and would be of interest to a lot of people, but I have to advise lining up a co-sponsor while you try to replace your employment.

FYI, it doesn't take a lot of employment income, $19,000 per year will do you well, and in most states you can still receive supplemental UI income for the difference, and your unemployment income will last much longer since you are not taking so much. In other words, you can take a job paying $10 per hour, supplement the remaining $200+ per week with UI and have a job while you look for a job and be covered on all bases (besides as a person that hires people, I will take a person that is working over a person that is not working any day of the week) You do not even have to mention the unemployment income on your I-134. There is no requirement to list ALL sources of income on an I-134, I certainly did not, you only need to list enough to show you have a means of support.

Gary and Alla, Thanks for the clarification, I needed that. I am going to move ahead with the I-129f. I don't think I'm going to be the unemployment guinea pig though. I will be getting a job! I am in the residential build/remodel biz, so it's real slow now, but this can't last forever.

One more question though- Do you know how long a consulate will sit on a petition? I heard one year.

For instance if they send out the P3 and don't get a response...Or maybe they get the 169 back, but the "Evidence of Suppport" box isn't checked... Maybe there's a boo-boo on the DS 230, or it's missing.

What do you think is the best way to delay at the consulate if it becomes necessary?

Your statement "$19000 per year will do you well"... I guess you are thinking 100% of the poverty guidelines for a family of 3 ($18310). From what I read this is controversial as the consulates often require 125%. I have been thinking 23k (125%)is the minimum for a family of three. Still it's not much ($12.00/hr or so).

Thanks for the input everyone!