I-129f while unemployed

[Darnell 8,478]

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.

2. no.

3. ask for it, via email, to http://guangzhou.usembassy-china.org.cn/immigrant-visa-unit-question.html - but it must be asked for, in 4 month blocks - ie - first block - when P3 is received by foreign fiancee - ask for it then, do not return I-169 and DS-230, then 4 months later, ask again.

4. no, but - you MUST show the income - it may or may not be reflected in the income tax return, but it is shown on any 'audited income statement' that a CPA might prepare on your behalf.

Basically, I'm suggesting that you file this week, regardless of 'todays income' as

yer current income will be evaluated on interview day, from the I-134, using the guidelines in the I-864 and I-864-P.

IMO, that's anywhere (from filing date) between 6 to 11 months (without asking for extensions at GUZ IV) - SURELY you can get a job, get some income, during that time? If you need to offset income with assets, study the instructions on the I-864 about asset computations, as well. If you feel, on 'packet 3 arrival date' that you won't meet the qualifications - then secure a joint -or- co-sponser.

Good Luck - whatever you decide to do - IMO, that clock is ticking because of the K-2 on the son.

Edited October 5, 2010 by Darnell

[Sisyphus 1]

Darnell, Thanks for the reply, all good info. I am proceeding with the I 129f ASAP. Trying to front-load as much as possible, I don't want to get too hasty. I am hoping to send it in 10/11-12.

[Lorenzo8 0]

Ok so from what I am reading on this post, I have a similar situation and would like to hear everyones feedback. I am self employed and my last 2 years of tax returns has shown negative incomes due to all the deductions from being self employed, so I was thinking on waiting and starting the process next year in February when I get my new tax return, which i will have my accountant put less deductions so I can have a positive income. From what I am seeing here, when I submit the original package I dont have to worry about the income part until it comes time for the interview which will be 3-5 months from now. So do you guys recommend for me to start the process now and by the time they ask for my income I will have my new tax return? Also, is everyone paying attorneys to help them or are most of you doing everything yourself? Any feedback would be greatly appreciated.

[Darnell 8,478]

re: attornies - hey ! Welcome to VisaJourney ! This is a great 'DIY' webportal, for immigration 'stuff', with an emphasis on 'D' and 'Y' - many of us here do not use attornies, feeling that it's enough to read the instrutions on the forms, map everything out, read the VJ Guides, then ask questions here at VJ when stuck. Usually, those that use attornies fall into 1 of 2 camps: 1) felt innundated by the forms, or 2) have serious, real-world 'red flag' issues that a competent immigration attorney could help them overcome in the initial packet submittal. (there's a 3rd category - those who didn't know about VJ and engaged an attorney prior, then found VJ after initial submittal)

re: interview 3 to 5 months away from initial filing - hmmmm - I suggest more like 5 to 11, not 3 to 5. If you filed prior to today, then 3 to 5 months may be a reasonable expectation.

re: income - ya, self-employed, Schedule C people, it's always fun, yes? on the flip side, if you truly wanted to show 'positive income' for prior years - you could file amended returns for prior years, reduce some of those expenses, show positive income (and pay prior tax due) .

Good Luck !

Edited October 9, 2010 by Darnell

[vertman 4]

Thanks, but I understand what the income requirement is.

UI$ = Unemployment Insurance Compensation Dollars

currently $610 per week $31720. annually

Where the heck are you to get $610 a week in UI!!!??? Florida is a lousy $275.

[Sisyphus 1]

Where the heck are you to get $610 a week in UI!!!??? Florida is a lousy $275.

WA state, Now I'm back to work finally