Unemployment History

[Rolly123 1]

Hello everyone.

My fiancee and myself have been preparing to file for either the K-1 visa, or to get married next time I am in the USA and then file for the CR-1 but we have some unemployment issues. The USC has been out of work for a year now, because she didn't have a car.We have now managed to get her a car and she is now looking for work and we are moving forward. Before, she worked as a nurse and was earning above 125% of the poverty line. When she gets a new job, will a letter from her employer stating her pay,and that it's a permanent position be enough? or will the gap in her tax returns be a problem?

I really just want to know, if she gets a new job will her unemployment for a year be a problem?

Also, how does this effect the decision in choosing either the K-1 or the CR-1? Does our circumstances make one a more logical choice?

Thanks

P.S We do not plan on filing anything until the USC has started working.

Edited October 7, 2013 by Rolly123

[aynom 0]

Hi, There are a few factors they will look at here; at the time of the I-864 submission she must also bring 3 years of past returns. They will look at all the history and not just the year she was unemployed. Typically, they would like to see her working at her job some time but each case is different. The k-1 visa is fairly quick but still takes some months for approval and you do need proof of some income (100% above poverty guidelines) even with that. Not sure when you are planning to get married but if she finds a job fairly soon, you should be able to have your choice. If you file DCF and apply for the CR-1 from there, she would have to be a resident for 6 months (you can check on this for your country of residence; I think there are a couple states that do not require a 6 month waiting period) and then you may file DCF if there is a designated cosulate for your place of residence. I hope that helps to understand.

I only want to add that my husband and I have been through years of decisions on where and how to be together based on guidelines, etc. When we were first married, to wait so long with some separations seemed horribly long but we both have come to learn (after some years of feeling so frustrated at the unfairness of these choices just to be together) that whatever the choice, there is some time that will require patience and, no matter how you choose it, there is really no going around some waiting for what most people take for granted in a marriage. We did everything we had to in order to be together, even being separate some months, getting different jobs (I took on a second and third job working seasonal just to afford the time of year it was my turn to see him then took a job working maintenance in the schools to get those other times off while he made a deal with his boss to take on clients from the companies they worked for in order to get time off in the other months for a visit. This put him in the bottom part of everything for his job when he came back each time), you name it but the time does pass. You just have to make a goal plan and choose what will work best for you; then know that eventually it is your past. Hope everything goes very well; congratulations on your upcoming marriage.