Sponsor on Maternity Leave

[ca_babe 129]

Hi,

Does anybody know if the US Embassy in Manila accepts sponsors on maternity leave? I'm petitioning my mom and originally she was on track to be interviewed this month while I'm still working. But she had a 2-month sputum test delay so she'll be scheduled for interview shortly after I give birth and I'll be on maternity leave then. I checked the poverty guidelines, http://www.uscis.gov/files/form/i-864p.pdf and for a household size of 5 (husband, me, daughter, new born daughter, mom), that would be $33,762. I'm going to take a 6-month maternity leave and I'll only get $16,000 during that time. However, I make $86,000 a year so even if I only work for half a year, I'll still have $43,000 + $16,000 (maternity leave pay) = .$59,000 which is still above the poverty guideline. My worry is that during the time of the interview, I won't have income from my employer. I'll be getting it from my disability insurance. Has anybody been in this situation before? I'm planning to ask my employer for a letter of employment showing that they'll continue to hire me in the foreseeable future and my leave of absence showing my return date. Is this enough?

[Tintin and Mike 127]

I think they'll base your eligibility off the current income and not how much you've made for the fiscal year. So if you'll be on maternity leave during your mom's interview and will be on disability then they'll base it on that check you'll be receiving. Then again, it's just an assumption. Just wait for the experts

Good luck!

[Tahoma 2,292]

Even though the consular officers put a lot of weight on current sustained income, they also look at the totality of the circumstances. There are plusses and minuses to your financial situation. Do you have any liquid assets you could add to the package? I think it will boil down to how good of a financial case you and your mother can present to the pre-screener and the consular officer.

[Hank_ 9,174]

Embassy will look at your most current tax return, letter from your employer and pay stubs. To that I would add a letter explaining your maternity leave and the reduce pay you will receive during that time frame. I really don't think it will be an issue as you said with the partial payments from disability you still will exceed the requirement. With the letter from your employer they will know you will be going back to work after the maternity leave.

[ca_babe 129]

I think they'll base your eligibility off the current income and not how much you've made for the fiscal year. So if you'll be on maternity leave during your mom's interview and will be on disability then they'll base it on that check you'll be receiving. Then again, it's just an assumption. Just wait for the experts

Good luck!

If your assumption is right then I'm in good position. The state of California pays for $1,000 per week for maternity leave during the first 16 weeks of normal pregnancy so that is still above the poverty guidelines.

Even though the consular officers put a lot of weight on current sustained income, they also look at the totality of the circumstances. There are plusses and minuses to your financial situation. Do you have any liquid assets you could add to the package? I think it will boil down to how good of a financial case you and your mother can present to the pre-screener and the consular officer.

I do have enough liquid assets to qualify for 5 times the required income for a household of 5. However, that's what I've also read that they look at the current sustained income. I filed an I-864EZ which didn't ask for assets so it looks like I'll have to send my mom an I-864 to take with her to the interview.

Embassy will look at your most current tax return, letter from your employer and pay stubs. To that I would add a letter explaining your maternity leave and the reduce pay you will receive during that time frame. I really don't think it will be an issue as you said with the partial payments from disability you still will exceed the requirement. With the letter from your employer they will know you will be going back to work after the maternity leave.

I think a letter explaining my circumstances is a great idea. I doubt that my mom can remember all of this.

Thank you all for the input!

[Tintin and Mike 127]

If your assumption is right then I'm in good position. The state of California pays for $1,000 per week for maternity leave during the first 16 weeks of normal pregnancy so that is still above the poverty guidelines.

I think you'll get 55% of your gross pay and only get 6 weeks normal delivery or up to 8 weeks if CS. Once that short term disability runs out, you could apply for CA Paid Family leave up to 6 weeks so that's about 12-14 weeks paid leave.

Don't quote me in the technicality of it all

Edited October 24, 2012 by Tintin and Mike

[ca_babe 129]

I think you'll get 55% of your gross pay and only get 6 weeks normal delivery or up to 8 weeks if CS. Once that short term disability runs out, you could apply for CA Paid Family leave up to 6 weeks so that's about 12-14 weeks paid leave.

Don't quote me in the technicality of it all

You are correct. It is 55% of gross pay. That would make my benefit $909. However, my company gives out annual bonuses which is included in the base pay calculation so that pushes my benefit to the maximum which is $1,011 per week.

http://www.edd.ca.go...I_Pregnancy.htm

The usual disability period for a NORMAL pregnancy is up to four weeks before the expected delivery date and up to six weeks after the actual delivery.

I'm maximizing the amount that I'll get from the state so I'm filing for disability 4 weeks before my due date plus 6 weeks for normal delivery and 6 weeks for bonding. That's how I got the 16 weeks total. Of course, that'll change depending on when I give birth and how.This is my second time and it's a good thing our HR is very organized, she even created a spreadsheet for me.

[Tintin and Mike 127]

You are correct. It is 55% of gross pay. That would make my benefit $909. However, my company gives out annual bonuses which is included in the base pay calculation so that pushes my benefit to the maximum which is $1,011 per week.

http://www.edd.ca.go...I_Pregnancy.htm

The usual disability period for a NORMAL pregnancy is up to four weeks before the expected delivery date and up to six weeks after the actual delivery.

I'm maximizing the amount that I'll get from the state so I'm filing for disability 4 weeks before my due date plus 6 weeks for normal delivery and 6 weeks for bonding. That's how I got the 16 weeks total. Of course, that'll change depending on when I give birth and how.This is my second time and it's a good thing our HR is very organized, she even created a spreadsheet for me.

Then that's awesome! :thumbs: