is beneficiary's unemployment a red flag?

[OLee 64]

Hello all VJ friends!

I am new here though I spent a lot of time reading and exploring this wonderful VJ community. I haven't found a specific subject here that bothers me a lot. Bear me, please, reading my short introduction.

I am a beneficiary, with my soon to be husband (he is a USC) we met 8 years ago while he was working in my home country. He had to leave soon after his contract was over, but we corresponded for about 5 years. For the past 2 years we are practically together, soon we will get married and file for a IR-1/CR-1. Since we are together (2 years) I had to resign from my work abroad and come back to my home country so we can be together more often. He would come and stay with me in my house for 3 months at a time in order not to violate his foreigner status here (he lives on retirement pension, not currently working). I had to find a job here in my home country too. I found one, but only temporary 6 months contract and I am off from work again.

My question is: is it a MUST to be employed (for me, beneficiary) while we are on a immigrant visa application process? Do I have to find ANY job just to be employed? I am an artist and can easily work on free-lance certificate (or self employed certificate), but it will not bring me a significant income. I pay health insurance voluntarily all the time while I am unemployed. Somewhere here I read that there must be no employment gaps while filling the I-130 and further on. Is it true? Can anybody give me a clue? Thank you dearly!

[christeen 966]

Your employment status has no bearing on the process since, if approved, that income would stop. The USC however must show sufficient income (125% poverty for household) to prove you would not become a public charge.

[OLee 64]

Your employment status has no bearing on the process since, if approved, that income would stop. The USC however must show sufficient income (125% poverty for household) to prove you would not become a public charge.

Did I understand right that my (as beneficiary's) employment status doesn't matter? As far as I know we have to fill in my employment history for the past 5 years (somewhere in G-325A). So if I am unemployed should we type in "unemployed"? Wouldn't they ask then for some other additional papers and documents, such as income tax, etc.? It wouldn't be a problem for me, but it may cause some delay in a process, like more papers to send and such.

The USC has a good pension way above a poverty line. No children, no more dependents. He was still working too, but decided to quit as it is so unbearable to live apart.

[OLee 64]

I have one more question that suddenly got into my mind.

I used to live and work in some other foreign countries in my past. I know I have to get Police Certificates (Police Clearance) from all of them I lived more than 6 months. I spent a few years in the USA some 20 years ago. Do I need to get Police Clearance from there? I found some links here that say NO, as they will check me during our visa process. Is it true? If I have to get it from the USA, how and where to get it?

Thanks a lot to all of you for your patience - newbies can be pain

[christeen 966]

You asked if being unemployed would be an issue and the answer is no... Your current employment status is of no impact as there is no regulation that says you must be working.... You have to fill in your employment history of course... and the police reports from places you have lived over 6 months... But bei g currently unemployed is not an issue... And the USA does not care if you paid your taxes in a foreign country, they do not have jurisdiction... Financial stuff they are mostly looking at the USC to be sure they can support you...

[OLee 64]

You asked if being unemployed would be an issue and the answer is no... Your current employment status is of no impact as there is no regulation that says you must be working.... You have to fill in your employment history of course... and the police reports from places you have lived over 6 months... But bei g currently unemployed is not an issue... And the USA does not care if you paid your taxes in a foreign country, they do not have jurisdiction... Financial stuff they are mostly looking at the USC to be sure they can support you...

Thank you so so much for your prompt answer! I will still be looking for a job as it is so nice to work and be busy

Edited February 22, 2014 by OLee

[christeen 966]

Of course having a job is better than not havi g a job, makes the time go faster and you can save some, but if you do not have one, it will not affect your immigration...

[OLee 64]

Of course having a job is better than not havi g a job, makes the time go faster and you can save some, but if you do not have one, it will not affect your immigration...

Yes, I will be looking for a job or keep myself busy with my arts. Your answer just took a big load off my shoulders as I thought I am in trouble of having two few month gaps in my recent employment history. I love to be busy indeed Thank you very much again.