Possible changes to employment

[Darkmoonfaerie 19]

I don't know if I'm posting this in the correct forum so feel free to move it if it's not. I apologize if it's a bit long and rambling but I'm having a little freak out. I am mailing out the I-129F today. We have an unusual situation regarding my fiance's employment that we're not sure how to handle. You're going to need a little back story to understand:

He is the primary caregiver for boys aged 4 and 6. They live with him full time but spend Wednesday evening and every weekend with their mum. He is a secondary school science teacher at a large school that is 45 miles from home. In the past 2 years, he's had three major auto accidents (none of which are his fault). However these accidents have made it difficult for him to get around as fast as he did in the past, and the long drives/lot of stairs/standing in a lab all day at school are very painful to him. He went from being a rock climbing instructor for scouts to walking with a cane. He was originally out of work for 6 months for a back injury after his first accident. He went back to complete the school year and start the following school year. Last month he was sideswiped on a roundabout and then 5 days later was rear ended by someone speeding. This exacerbated the pain and increased the damage in his spine. He's just been on sick leave for 4 weeks after the last two accidents.

He rushes in the mornings to get the kids to his parents' house for them to bring them to school and then has to make the drive in rush hour traffic. After school, it's the same rush to get the kids by dinner time, feed them, do homework and get them to bed. By the time he gets home at night, he's in severe pain. His union rep spoke with him this week and offered a few options. He can continue his job as he is now. He could work 3 days per week at a lower salary. Or he can take a mutually agreed severance with 6 months pay, untaxed (so equal to about 8-9 months pay). With option 3, after 30 days can take a job at a smaller, more local school or do cover teaching (substitute in the US)and still collect his severance. The severance agreement would state that they agreed upon it due to his changed family situation (divorce, being the custodial parent to two small boys, and the impending move to the USA) and his head teacher has said that he will give him very good references for future employment in the UK and USA.

On the surface, taking the severance looks good. He will get full pay, can do cover teaching for extra money and will have more time to prepare for the move. He needs to sell a house, sell or give away belongings, etc. It will also save the 2 hours in the car per day and allow him to work at smaller schools with less walking while he is still healing. He can come to the USA to look for apartments and begin the process for teacher certification in MA.

Looking a little deeper I have concerns. Will this sudden lack of steady employment look bad to immigration? Will it make them think that he won't be able to work once here in the USA, even though he should be OK once he's healed fully. How will we change the info once the I-129F has been filed? Will he have problems coming to visit without proof of steady employment in the UK (he does have a mortgage, credit cards, scouting responsibilities, and will most likely be doing the cover teaching)? Does anyone have thoughts on our best options? I hate to see him in pain from the long drives but we don't want to jeopardize our future. They want an answer by Monday and I can't afford to call an immigration attorney right now. He spoke with his solicitor today and the solicitor seemed to think there wouldn't be any issues, but I still have fears and am hoping someone can offer advice.

Thanks!

[Sandra G. 5,054]

Darkmoonfaefie your husband does not have to prove anything to the USCIS regarding his finances/job, you the US CITIZEN are responsible for that, because you will be his sponsor! He can be unemployed and it won't interfere in the USCIS decision, do not worry about that ok.

Regarding coming to visit you in the USA when K1 pending, yes he can have some problems. Do not take any chance,make some effort and when you have a chance go to visit him.

Don't worry to correct the I-129F regarding his job, because when you submitted the I-129F the information provided was correct, the situation changed after you had submitted the form, when the interview he will explain that and it won't be a big deal ok.

[Dan & Jenni 457]

your worrying about nothing i think... immigration are far more concerned about your ability to support him once he gets to the US than they are about his employability. do what is best for him and his health. i cant see any issues whatsoever with him taking the severance.

all you have to do is fill in the forms with the correct info at the time so there is no need to do anything as far as changing info once the I-129F is filed.

he shouldnt have a problem visiting you but strong proof of ties to the UK is very important... a mortgage agreement is a good start.

[Darkmoonfaerie 19]

Thanks for the quick replies. The only issue is that I can't visit him very often. It's not due to a lack of effort on my part. I'm a Chiropractor in private practice and I teach at a College. Every time I visit, it means I have to close my office and have a doctor cover for me then have someone cover my classes and pay them for the coverage. I basically lose income for the entire time I'm gone. I wish I had paid vacation time but I don't If he does the cover/substitute teaching, will he still run into a problem when visiting? The employment issue is more for employers here than for USCIS. I come from a family of teachers and know how ####### the school departments are. Don't want them to think he's not employable or was let go because he was unable to fulfill his duties.

Edited February 23, 2012 by Darkmoonfaefie

[C-ma'am 684]

Thanks for the quick replies. The only issue is that I can't visit him very often. It's not due to a lack of effort on my part. I'm a Chiropractor in private practice and I teach at a College. Every time I visit, it means I have to close my office and have a doctor cover for me then have someone cover my classes and pay them for the coverage. I basically lose income for the entire time I'm gone. I wish I had paid vacation time but I don't If he does the cover/substitute teaching, will he still run into a problem when visiting? The employment issue is more for employers here than for USCIS. I come from a family of teachers and know how ####### the school departments are. Don't want them to think he's not employable or was let go because he was unable to fulfill his duties.

If you can't visit him, and he can't visit you, that just means that you'll have to wait a little longer to kiss his face! While many of us have the opportunity to see our better halves, many times throughout our engagement, there are others who can't. It's a sacrifice, just like the one we are all going through here but, in the end, it'll be worth it.

In Argentina we say: Don't open your umbrella before it rains! You are assuming that he will be rejected at POE if he comes to visit; but the truth is, no one can really predict that. There are people who have taken everything to show proof of their ties to their home country, only to be rejected... and there are others who didn't show squat and got to go through. Just remember that in the event that he gets denied entrance at POE, it won't affect your petition either.

Everything will work out Just stay positive!