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Andrew83

Urgent advice on I-134, sending package today

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Filed: Country: Spain
Timeline

Quite a strange situation I'm in, and really could use urgent advice...

Im currently employed, but I've been out for a while due to a shoulder surgery/recovery. I'm employed, but as of April 17th, I'm not on the payroll until I'm able to go back to full duty. I have already sent my fiancee the I-134 in early/mid March after we received our NOA 2, as instructed in the guides here. Her interview is May 17th. My letter from my employer is from March 1. Is there too big of a gap between the letter and her interview? I could still provide pay stubs or bank statements showing direct deposits from my job in the time between when they wrote the letter and now. However, my latest one is much smaller than normal due to the fact that I had to go off the payroll mid pay period, and I won't have one for May 15th. So I'm still employed, but not on the payroll until May 29th when HOPEFULLY I can go back to work. Will this present a problem? Should I include a letter explaining the situation and the doctor's note saying I'm not medically cleared to work until May 29th? My dad agreed to be our co-sponsor just in case, so I'm sending his I-134 and supporting docs to my fiancee today, along with a 'just in case' back up I-134 from me saying I'm unemployed (in case they fire me for not being able to work yet...)

To sum up:

  • If I am still employed by the time of her interview, with the original I-134 with supporting docs sent in mid March still be valid, as long as I send her my most recent pay stubs, and possibly a letter explaining why I have a smaller check from May 1, and no check on May 15?
  • I'm sending a package today with my dad's I-134 and supporting docs, along with a new back up one from me saying I'm unemployed (they may choose to let me go based on my shoulder)

Thanks everyone!!! Any and all advice would be very very appreciated.

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Filed: Timeline

If you are still employed and you make enough, I don't think they will care. As long as you are employed when the interview happens, you're employed. You should not send one saying you are unemployed, because that would be a lie.

I think if you really want to explain about the injury, having your father be a cosponsor should do fine. It's Spain, after all... I think they are relatively easygoing.

What would Xenu do?

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Filed: Citizen (pnd) Country: Finland
Timeline

I don't think anyone knows absolutely the answers to your questions. It all depends on the officer who looks at your papers at the interview, and if there are any local Spanish-Embassy "rules" or things they usually look for.

In general, an employment letter from March used at a May interview is NO PROBLEM whatsoever. Many are several months old, as long as you have paychecks up until the form was signed and sent. I think your idea of a personal letter about why your recent checks are smaller is okay, but maybe not even needed.

I like your idea of having a backup co-sponsor BUT I don't think you should state you are unemployed because right now, you are not! That would be fraud and a bad idea.

They want the information that is true and accurate according to the date signed on the I-134. If you state that you are unemployed and then sign today, you're not telling the truth. The co-sponsor may still be required -- and it's good to have as a backup -- but just leave your original packet, accurate as of the day you sign the forms.

I see while I was typing that duraaraa said about the same thing. Sorry for repeating but I just finished typing. :)

Relationship since April 2006

K-1 Visa: I-129F filed November 6, 2012, NOA2 May 17, 2013, Interview and Approval July 24, 2013

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AOS filed November 19, 2013, EAD/AP received January 30, 2014, interview and AOS Approval on February 27, 2014.

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Relationship:
2006 April 01: Met online, music site, 2007 February 20: Met in person, Finland, 2007 - 2012 met several times in Finland and California

K-1 Visa:
2012 November 06: Sent I-129F (NOA1 on 11/9/2012)
2013 May 14: Contacted Congressman
2013 May 17: I-129F NOA2 Approved
2013 June 03: NVC Received (NVC left 6/6/13)
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2013 July 24: Interview in Helsinki, 2013 July 27: Visa Received
2013 September 13: POE to USA, San Diego

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2013 October 22: SSN Received
2013 October 25: Wedding, San Marcos, CA
2013 November 19: AOS, AP, EAD sent (NOA 1 on 11/22/13)
2013 December 17: Biometrics, San Marcos, CA, 2013 December 24: Online status changed to Testing/Interview

2014 January 23: Interview notice mailed (for 2/27), 2014 January 24: EAD card production, AP approval (card received 1/30/2014)

2014 February 27: Interview and Approval, GC in production (card received March 6, 2014)

 

ROC:

2015 December 03: mailed I-751 package

2015 December 04: NOA1 extension letter, 2015 December 31: Biometrics appointment

2016 June 16: Approval - Online status changed to Document Production, mailed 6/20/16

2016 June 22: 10-Year Green Card Received, done with USCIS for a while!

 

N-400 Citizenship:

2023 September 14: filed N-400 online

2023 September 14: same day acceptance notice and "Biometrics Reuse" notice

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Filed: Country: Spain
Timeline

Yeah I was thinking that I'd send one that says I'm unemployed just in case they happen to fire me between now and her interview, but in the end i didn't do that. Like you say, fraud is something I don't want to mess with. So I just sent her my dad's I-134 and that's it. Thanks for the replies!

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