Proof of Ability To Support

[Moi&Yulya 0]

Alright guys, heres my small problem

I met a great russian girl while undergoing an operation in a russian hospital. She was also a patient in the hospital so we spent a month together and have been skyping & texting daily. She's also come back to hospital to visit me 2 times since leaving at the end of february. I came January and will stay until the end of May or early June.

so heres the actual issue:

Prior to going to russia for this operation I had a job that made close to 50k a year. The problem is I will spend the first 6 months of this year in the hospital, then I'll return to the states and still be recovering for the next 4 months or so months, so my income for this year will be next to nothing.

I was laid off a couple months before I came so I still have the ability to claim unemployement 475+ a week which is almost 25k year and well above the poverty level for us, but I'm not sure if they will accept that as income. I also have somewhere around 80k liquid cash in savings. When reseraching I figured I could just use my tax return but I realize now I I will probably need to provide proof of current income and a letter from my employer.

I really dont have any any options for a co-sponsor, so do I have any other options otherwise? Is there a company I could pay to sponsor? There's no doubt in my mind that I cant afford to take care of us, the problem is the proof.

[slim 1,525]

It sounds like you have plenty of money to support your family. Simply fill out the paperwork using your unemployment as "income" and you should be fine. You don't even need to list your assets since you're over the poverty level.

Since you're unemployed you won't have an employer letter but you should have something saying you're on unemployment. You can also include a letter from your bank saying you make weekly (or monthly, whatever) deposits in amounts that confirm your unemployment payments.

Good luck, and keep us posted!

[Captain Hammer 113]

Using unemployment income as a basis to prove support? Perhaps in a "letter of the law" way this works, as you'll be above the required poverty level, but...I dunno. You might want to go post in the K1 forum to see what others have experienced. I know if I were an adjudicator, and it was in my power, I'd deny based on income from unemployment because it isn't an ongoing income. At some point your unemployment checks will stop coming, which creates a liability for the US government. How much longer do your unemployment benefits last?

I don't know what the legal basis of USCIS is to deny based on unemployment, but it sure seems like it would be a red flag. What do you think your job prospects are within the next 6 months or so? Do you really want to embark on such an emotionally tumultuous and financially harsh endeavor while still in such a tenuous safety net situation?

[Moi&Yulya 0]

Using unemployment income as a basis to prove support? Perhaps in a "letter of the law" way this works, as you'll be above the required poverty level, but...I dunno. You might want to go post in the K1 forum to see what others have experienced. I know if I were an adjudicator, and it was in my power, I'd deny based on income from unemployment because it isn't an ongoing income. At some point your unemployment checks will stop coming, which creates a liability for the US government. How much longer do your unemployment benefits last?

I don't know what the legal basis of USCIS is to deny based on unemployment, but it sure seems like it would be a red flag. What do you think your job prospects are within the next 6 months or so? Do you really want to embark on such an emotionally tumultuous and financially harsh endeavor while still in such a tenuous safety net situation?

I have atleast a year and half worth of unemployment. I only filed 2 weeks of this current unemployment, but I also filed a seperate unemployment last year that I was able to get a year long extension on but never used any of it so once the 24 weeks on this one runs out I'll have a year on the first extension, then maybe the possibility to re-extend or extend the current one from this year. It's a bit confusing

If I had the chance to explain my situation I think I could talk my way through it. I will absolutely be able to support us the whole time but its the proof part thats getting me.

[Captain Hammer 113]

I have atleast a year and half worth of unemployment. I only filed 2 weeks of this current unemployment, but I also filed a seperate unemployment last year that I was able to get a year long extension on but never used any of it so once the 24 weeks on this one runs out I'll have a year on the first extension, then maybe the possibility to re-extend or extend the current one from this year. It's a bit confusing

If I had the chance to explain my situation I think I could talk my way through it. I will absolutely be able to support us the whole time but its the proof part thats getting me.

The problem is, you won't get to explain your situation. You could include a letter in your packet I suppose, but there's no guarantee that it'll be read or if it is read, if they'll even consider it as having any weight.

But I just want to be clear: I don't know how the source of your income will be looked upon. Could be that people do this all the time and it's no big deal. Or not. That's why I suggest posting it in the K1 forum, where hopefully you'll get more coverage on the issue.

[dogspot 90]

You can file now and will have between four and twelve months before the interview to find work. I was unemployed when I filed and found a job 2 months later. My tax statements showed that I collected unemployment for the better part of 2010 but at the time of interview (8:00am this morning) I was able to show that I have been working for the past 6 months.

My suggestion to you is to find work while "recovering". That way by interview time there will be no questions asked.

[Captain Hammer 113]

You can file now and will have between four and twelve months before the interview to find work. I was unemployed when I filed and found a job 2 months later. My tax statements showed that I collected unemployment for the better part of 2010 but at the time of interview (8:00am this morning) I was able to show that I have been working for the past 6 months.

My suggestion to you is to find work while "recovering". That way by interview time there will be no questions asked.

Actually...if it's just the two of you, you meet the asset requirements (3 x 125% poverty level) just based on your $80k in savings. So I guess the source of your actual income is moot at this point.

[Moi&Yulya 0]

Actually...if it's just the two of you, you meet the asset requirements (3 x 125% poverty level) just based on your $80k in savings. So I guess the source of your actual income is moot at this point.

is it 3 or 5? For some reason I thought I read 5?

I will try and find work between now and then, which I'm sure I can do. 18k is like 9 bucks an hour which is pretty much any job. I can find something I'm sure.

[baron555 934]

Get a cosponsor and all this talk gies away.

[Gary and Alla 3,694]

Alright guys, heres my small problem

I met a great russian girl while undergoing an operation in a russian hospital. She was also a patient in the hospital so we spent a month together and have been skyping & texting daily. She's also come back to hospital to visit me 2 times since leaving at the end of february. I came January and will stay until the end of May or early June.

so heres the actual issue:

Prior to going to russia for this operation I had a job that made close to 50k a year. The problem is I will spend the first 6 months of this year in the hospital, then I'll return to the states and still be recovering for the next 4 months or so months, so my income for this year will be next to nothing.

I was laid off a couple months before I came so I still have the ability to claim unemployement 475+ a week which is almost 25k year and well above the poverty level for us, but I'm not sure if they will accept that as income. I also have somewhere around 80k liquid cash in savings. When reseraching I figured I could just use my tax return but I realize now I I will probably need to provide proof of current income and a letter from my employer.

I really dont have any any options for a co-sponsor, so do I have any other options otherwise? Is there a company I could pay to sponsor? There's no doubt in my mind that I cant afford to take care of us, the problem is the proof.

Your assets are enough.

Unemployment is not specifically excluded as an income source but it is not considered permanent. I have never heard of anyone qualifying on unemployment alone.

I have not heard of any "co-sponsors for hire" Interesting concept but I am not sure how that would work.

[Gary and Alla 3,694]

is it 3 or 5? For some reason I thought I read 5?

I will try and find work between now and then, which I'm sure I can do. 18k is like 9 bucks an hour which is pretty much any job. I can find something I'm sure.

x 3 for family based visas.

Technically there is NO particular number for the I-134 used for the visa. For the I-864 used for the AOS it is x3 and the consulates usually just follow that guide, but they do not have to.

They just have to be "satisfied" she will not become a public charge.

One way to avoid the consulate vagueness is to get married there and file an I-130 for a CR-1 which is handled by the NVC and they use the x3 formula.

You can file now and will have between four and twelve months before the interview to find work. I was unemployed when I filed and found a job 2 months later. My tax statements showed that I collected unemployment for the better part of 2010 but at the time of interview (8:00am this morning) I was able to show that I have been working for the past 6 months.

My suggestion to you is to find work while "recovering". That way by interview time there will be no questions asked.

CURRENT income is far more critical than past income or tax returns, so yes, you can get a job during the process and be fine also.

[Captain Hammer 113]

is it 3 or 5? For some reason I thought I read 5?

I will try and find work between now and then, which I'm sure I can do. 18k is like 9 bucks an hour which is pretty much any job. I can find something I'm sure.

It's definitely 3x.

Here's a thread where someone else was asking about unemployment income:

http://www.visajourney.com/forums/topic/293900-unemployment-benefits-count-for-income/

tldr; version: The consensus seems to be that while there is nothing stating that unemployment income is specifically discounted, it's really up to the immigration officer to make a subjective decision as to whether she's going to be a liability to the government or not.

[sea-monkey 13]

Use the services of a lawyer?

[Captain Hammer 113]

Use the services of a lawyer?

As his situation is slightly atypical, it probably wouldn't be a bad idea to talk to a lawyer. But because his income is limited, it might be a better idea to file based on his assets, and if it becomes a problem then speak with an immigration lawyer. (full disclosure: IAAL, but not immigration. None of my posts is legal advice, just my personal opinion.)

[Gary and Alla 3,694]

Use the services of a lawyer?

For?