Unemployed relative doing the same process

[Liz09 0]

I have a relative that is sponsoring her husband and is currently unemployed. She was a full time graduate student before getting her degree this past spring, and unfortunately has been unable to find work in her field. Now she's looking into any job that can at least meet the minimum income requirement, regardless if this means taking a job that pays way below what she intended after completing her studies. My question is...if she has only been working a few weeks when she gets her NOA2 will this be cause for a denial at the NVC or CO level? Btw, there's no way she can get a co-sponsor. I am doing the process myself so can't help her, though would if possible.

Edited October 17, 2011 by Liz09

[Jojo92122 1,924]

I have a relative that is sponsoring her husband and is currently unemployed. She was a full time graduate student before getting her degree this past spring, and unfortunately has been unable to find work in her field. Now she's looking into any job that can at least meet the minimum income requirement, regardless if this means taking a job that pays way below what she intended after completing her studies. My question is...if she has only been working a few weeks when she gets her NOA2 will this be cause for a denial at the NVC or CO level? Btw, there's no way she can get a co-sponsor. I am doing the process myself so can't help her, though would if possible.

If she has only been working a few weeks, it will be difficult for her to show a long-term stable work history. A long-term stable work history indicates that the income is reliable. How reliable is a new job on an I-864? Is it job just for the sake of fulfilling the I-864 while it is being processed?

In all likelihood, she will be asked to find a joint sponsor because she will not be able to show a long-term work history of reliable income. If she cannot provide a joint sponsor who qualifies, then her husband's visa application will be denied.

Edited October 17, 2011 by Jojo92122

[Liz09 0]

Thank you for your reply JoJo. I was afraid this would be a problem for her. I wasn't 100% sure either way because I've read here before that depending on the circumstance(s) (hers...studying to make a better future) past work history might be overlooked, especially since current employment weighs the most. Her degree program was very demanding and grades do have an impact on the jobs you can get later on, so she wanted to concentrate on this. It's very sad that she finds herself jobless for so long after graduating, but it seems like one prospect is promising and will result in employment soon. I don't think that a job within the field someone studied (especially in this economy)would be seen as just getting work to fulfill the I-864 because, after all, petitioners need to eat and pay their bills regardless of petitioning for a spouse...but then again you never know how those viewing the application will consider such a case if a lower position is reported.

One more thing...how long can my cousin put on hold the NVC process in order to show enough work history? It seems like it's a better option then going through this stage and being denied or later at the CO (and not to mention, starting fresh with the paperwork and repaying fees), or not?

For example:

If she lands a job this week and her NOA2 comes in November or December (which will be 3 or 4 months respectively from when she received her NOA1...so could be slightly longer), this will give her at least a month, couple or more to demonstrate as proof. So will it be more likely that she still will be asked for a cosponsor or denied if this turns out to be the case?

Edited October 17, 2011 by Liz09

[Liz09 0]

double post

Edited October 17, 2011 by Liz09

[Liz09 0]

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Edited October 17, 2011 by Liz09

[Jojo92122 1,924]

Thank you for your reply JoJo. I was afraid this would be a problem for her. I wasn't 100% sure either way because I've read here before that depending on the circumstance(s) (hers...studying to make a better future) past work history might be overlooked, especially since current employment weighs the most. Her degree program was very demanding and grades do have an impact on the jobs you can get later on, so she wanted to concentrate on this. It's very sad that she finds herself jobless for so long after graduating, but it seems like one prospect is promising and will result in employment soon. I don't think that a job within the field someone studied (especially in this economy)would be seen as just getting work to fulfill the I-864 because, after all, petitioners need to eat and pay their bills regardless of petitioning for a spouse...but then again you never know how those viewing the application will consider such a case if a lower position is reported.

One more thing...how long can my cousin put on hold the NVC process in order to show enough work history? It seems like it's a better option then going through this stage and being denied or later at the CO (and not to mention, starting fresh with the paperwork and repaying fees), or not?

For example:

If she lands a job this week and her NOA2 comes in November or December (which will be 3 or 4 months respectively from when she received her NOA1...so could be slightly longer), this will give her at least a month, couple or more to demonstrate as proof. So will it be more likely that she still will be asked for a cosponsor or denied if this turns out to be the case?

I don't know. There is no magic moment where I can tell you that she has enough of a work history. She can only apply and find out. If she gets an RFE, then she will need to comply with it.

[Liz09 0]

Thanks again JoJo. Do you know how long an application can be paused after an NOA2 without losing paid fees and the paperwork that went into getting to this point?

[Jojo92122 1,924]

Thanks again JoJo. Do you know how long an application can be paused after an NOA2 without losing paid fees and the paperwork that went into getting to this point?

A case will close if there is no communication for one year. It can be closed for other reasons like failure to comply with an RFE.

[Liz09 0]

That's great! I thought I read this elsewhere (it being a year) but wanted to be certain before passing on the information. Thanks a bunch, Jojo!

[Liz09 0]

Hi Jojo (or anyone else that knows the answer),

I forgot to ask you if you think my cousin should write a letter once she gets her NOA2 to let the NVC know she is putting this part on hold, or simply do nothing until ready? She has interviewed for different companies and hopefully will be employed soon, but if not she will need to hold off on the NVC. Btw, what date does the one year start at...from the date on the NOA2 or from the date NVC generates a number?

Thank you,

Liz

[CanadaLove 16]

Hi Jojo (or anyone else that knows the answer),

I forgot to ask you if you think my cousin should write a letter once she gets her NOA2 to let the NVC know she is putting this part on hold, or simply do nothing until ready? She has interviewed for different companies and hopefully will be employed soon, but if not she will need to hold off on the NVC. Btw, what date does the one year start at...from the date on the NOA2 or from the date NVC generates a number?

Thank you,

Liz

Bolding mine. The year starts at the last communication from NVC to the petitioner/beneficiary. So as a hypothetical, say she opts into getting email from the NVC when she gets her case number. The year starts when the NVC sends her the DS3032. She can extend this past a year by intermittently sending in things - say she takes 5 months to send in the DS3032. The year restarts when NVC sends back the acceptance of the form. She can then take another 7 months to send in the DS230 (with supporting evidence), with another year's grace to send in the I864.

ETA: She doesn't have to notify the NVC she's holding off sending things in. Just send things as she can if she wants to prolong the process past a year, or just hold off till about 10 months in and send everything off all at once.

Edited October 27, 2011 by CanadaLove

[Liz09 0]

CanadaLove, thank you for your detailed replied...much appreciated. Very helpful information!

Best of luck on your visa journey,

Liz

Edited October 27, 2011 by Liz09