Fiance has no civilian job

[chrovie 15]

Hi..I am a new member here. I would like to ask a question and I appreciate it if any one from here can answer me.

My fiance is a member of the US Army National Guard until now, but was fired from his civilian job last August 2011 and now hes getting unemployment benefit from the US government. Currently, he is trying to look for a new civilian job.

My question is..if we file for a FIANCEE VISA before he get a new civilian job, is it possible for the USCIS to APPROVED our petition or NOT? though hes still in the National Guard?

I really need to hear from you guys, so that we will know what to do. Thank you so much!

[GlobeHopperMama 95]

There shouldn't be a problem getting a fiance petition (I-129f) approved under those circumstances. The petition serves the purpose of verifying that a qualifying relationship exists so the intending immigrant can use that to apply for a visa (K1 in this case). His job status plays no part in determining if you have a valid relationship. They will want to verify his citizenship and carefully review the evidence that your relationship is real, but they will not care about his employment for the purpose of approving the petition, only for putting on file via his G-325a biographical info form.

However, at the next stage, when you go to the consulate for the K1 visa, the ability to prove financial support may become more of an issue. I'm not incredibly familiar with how this is done for K1s, but if he doesn't have stable employment at that point, you may need to find someone who can show that they have the income/financial resources to support you when you arrive in the event that he can't.

[Mogambi 96]

In the initial part of the application, it doesn't matter. The USCIS will do their part and if they approve it, it goes to the NVC and ultimately to the embassy in the country where you fiance is.

However, part of what is required at the interview is an Affidavit of Support. This is from your stateside fiance, proving he has enough income and/or savings to support you. He has to make enough that he is above the US Poverty income (about $18,000 a year I think). It's doubtful that they would approve him on just unemployment. Does he also have income from the national guard? Does he have a lot of savings in the bank?

But since after applying it will be 5 to 7 months before your interview anyway, perhaps he will be working by then and it won't be an issue.

I wouldn't let that stop you at this point from going ahead and applying. But know that if his only income is unemployment, it's probably enough enough to convince the embassy that he can support you.

[chrovie 15]

He has income from the National Guard and still paying taxes and at the same time, hes getting unemployment benefit. I'm asking this because I know that hes income in the guard is not enough as proof. That's currently, hes looking for a new civilian job.

Thank you so much for your answers. Its a relief for us now we can go on for filling.

God bless you..

Edited June 25, 2012 by chrisandjovie