unemployment as affidavit of support

[123t&t 0]

hello all VJ'er

on my 2007 to my 2010 tax return i've made $50,000 each year.

however this year i find myself on unemployment of $450 a week.

i also have $40,000 in my savings.

my question is "do you think this will hurt my affidavit of support with USCIS" ???

[Brusik 11]

You and your employer have both paid premiums into the unemployment insurance programme so you are entitled to claim unemployment insurance benefits if you are laid off like this. It is like an insurance policy - you pay for it and if you need to use it, you file a claim to use it. It is not a means tested benefit from the government and will not have an impact on your application. You've earned the right to claim the benefits so don't hesitate to claim them.

The rules for the I-864 specify which forms of income are NOT income. SSI (Supplemental income...welfare) and student grants for example are not considered "income". Unemployment insurance is NOT on that list. Therefore, yes, it IS income.

That said, and before you breathe a sign of relief, the USCIS does not have to accept it as income. This is more than a matter of proving you have income. It is a subjective decision based on the belief that your spouse will not become a public charge. I have not seen any case where a person successfully adjusted status based on unemployment income alone. The problem with this type of income is that it is temporary. It is a judgement call in each case, but I would be doing a dis-service if I did not say... "line up a joint sponsor".

I am sure others may have more viable input on this matter

[len taylor 0]

You and your employer have both paid premiums into the unemployment insurance programme so you are entitled to claim unemployment insurance benefits if you are laid off like this. It is like an insurance policy - you pay for it and if you need to use it, you file a claim to use it. It is not a means tested benefit from the government and will not have an impact on your application. You've earned the right to claim the benefits so don't hesitate to claim them.

The rules for the I-864 specify which forms of income are NOT income. SSI (Supplemental income...welfare) and student grants for example are not considered "income". Unemployment insurance is NOT on that list. Therefore, yes, it IS income.

That said, and before you breathe a sign of relief, the USCIS does not have to accept it as income. This is more than a matter of proving you have income. It is a subjective decision based on the belief that your spouse will not become a public charge. I have not seen any case where a person successfully adjusted status based on unemployment income alone. The problem with this type of income is that it is temporary. It is a judgement call in each case, but I would be doing a dis-service if I did not say... "line up a joint sponsor".

I am sure others may have more viable input on this matter

I have same problem with this matter too..my husband wants to prove to me that his unemployment is an income and it will not affect our visa, that why i try to explain to him that even your earning above poverty this past three years and your working union labor 225 but this recently your laid off so meaning your asking for unemployment while you dont have work. i told him to get joint sponsor. But he is hard headed i know i am right coz his work is temporary..