Jump to content
PJ1925

We have an marriage based immigration interview but my husband (the petitioner) lost his job?

By PJ1925 in Adjustment of Status from Work, Student, & Tourist Visas

 Share

12 posts in this topic

Recommended Posts

PJ1925 Contributor

PJ1925   2

Posted
Filed: AOS (pnd) Country: Dominican Republic
 Timeline
Posted

We have an marriage based immigration interview but my husband (the petitioner) lost his job?he wants to apply for unemployment but i dont thnk thats a good idea... he doesnt want anyone to sponsor us... his family isnt very supportive... what can we tell the officer?

Link to comment
Share on other sites
Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

No income and no co-sponsor/joint sponsor means no approval.

He either has to find a job and fast or ask someone to help out and co-sponsor.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Link to comment
Share on other sites
grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted

We have an marriage based immigration interview but my husband (the petitioner) lost his job?he wants to apply for unemployment but i dont thnk thats a good idea... he doesnt want anyone to sponsor us... his family isnt very supportive... what can we tell the officer?

Filing for unemployment does not affect the adjustment application. In addition, unemployment insurance can be counted toward the income he needs to sponsor you. He will have to fill out a new I-864 and prove the amount of unemployment insurance that he receives. If you have an employment authorization document, you can start working and add your income to his to meet the guidelines. Your income will count as long as it continues after you are an LPR. Bring proof of the amount that you make.

If this amount does not exceed the poverty guidelines for him to sponsor you, you'll need to find a new co-sponsor. If you don't have a co-sponsor by the time of the interview, you have to ask the officer to hold your application until one is received. You can explain the unexpected loss of the job.

If you and your husband can't qualify and he won't get a co-sponsor, there is nothing else you can do. The I-485 will be denied.

Link to comment
Share on other sites
StephanieM Proficient

StephanieM   60

Posted
Filed: Citizen (apr) Country: Dominican Republic
 Timeline
Posted

He should try finding a new job or apply for unemployment. This will not affect the case. He could also find a sponsor. It does not have to be family. If he cannot prove he cannot support you the case will not move forward.

01/01/2008 - Met
04/27/2010 - Engaged
08/23/2011 - Married
USCIS
10/03/2011 - I-130 Sent (USPS priority w/ delivery confirmation)
10/05/2011 - Package arrived at chicago lockbox
10/06/2011 - NOA1
11/09/2011 - NOA2 (no RFE's)
NVC
11/14/2011 - Petition received by NVC/ Received NOA2 by mail
11/21/2011 - NVC case # received by email/ Got AOS fee by email/ Called NVC to provide beneficiary email
11/27/2011 - Choice of agent (DS-3023) sent to NVC by email
.....took a break from process to delay interview....
01/26/2012 - Payed IV fee
01/27/2012 - IV fee status shown as PAID
02/07/2012 - Payed AOS fee
02/08/2012 - AOS fee status shown as PAID
02/09/ 2012 - DS-230 package sent to NVC (priority mail)
03/06/2012 - AOS package sent to NVC (priority mail)
03/12/2012 - Called NVC and found out about checklist. Sent revision to NVC that same day.
03/16/2012 - CASE COMPLETE!
04/11/2012 - Informed of interview via phone by DOS/ Got P4 email from NVC a few hours later that same day (May 4th)
SANTO DOMINGO CONSULATE
04/19/2012 - Medical
05/04/2012 - Interview (APPROVED)
05/10/2012 - Visa ready and picked up at domex
05/15/2012 - POE in Boston (together)
U. S. A
05/29/2012 - Went to SS office to apply for SS card
06/01/2012 - Welcome letter arrived (Received about 3 of these)
06/05/2012 - Green card arrived
06/15/2012- Back to SS office with green card to reapply and inquire about delay
06/18/2012 - Picked up SSN at SSA office
06/22/2012 - SS card arrived by mail

04/24/14 - Sent I-751 to remove conditions

06/09/14 - Biometrics

11/2014 - RFE from USCIS requesting more evidence before approval

Late Jan - Sent further evidence of marriage

03/05/2015 - Got letter of approval for removal of conditions

03/15/2015 - Permanent 10 yr green card received via mail

Link to comment
Share on other sites
GodsGift225 Proficient

GodsGift225   54

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
Posted

Why isn't it a good idea for him to file for unemployment? I mean it is an income he is receiving compare to nothing... And if he doesn't have someone to sponsor you then that most likely means your case will not move forward, as they want to make sure you will not become a public charge to this county!

~* GodsGift225*~

Link to comment
Share on other sites
grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted

thats money from the government...

"Money from the government" isn't the same as becoming a public charge. Earned benefits like unemployment insurance and social security insurance do not make you a public charge because the recipient earned those benefits by working and paying applicable taxes. In any case, this is the U.S. citizen getting the benefits and not the alien, and U.S. citizens aren't subject to the public charge rule.

Link to comment
Share on other sites
PJ1925 Contributor

PJ1925   2

Posted
Filed: AOS (pnd) Country: Dominican Republic
 Timeline
  • Author
Posted

"Money from the government" isn't the same as becoming a public charge. Earned benefits like unemployment insurance and social security insurance do not make you a public charge because the recipient earned those benefits by working and paying applicable taxes. In any case, this is the U.S. citizen getting the benefits and not the alien, and U.S. citizens aren't subject to the public charge rule.

thank you i thought he would become one since he's just getting unemployment :)

Link to comment
Share on other sites
grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted

thank you i thought he would become one since he's just getting unemployment :)

Review this to learn about the public charge test and remember that it applies only to aliens, not U.S. citizens: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...