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longtruelove

help! will layoff disqualify me as sponsor

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Filed: K-1 Visa Country: Nepal
Timeline

My fiance arrived in July, we got married and applied for adjustment of status 485. filled out all the forms properly and now are waiting for a scheduling appt according to USCIS website status. But I was laid off last week. I was the sole sponsor on those forms we filled out. I have made more than enough this tax year to still qualify under the sponsor earnings requirement but will my lack of having a current employment disqualify me? What will happen at the interview? We haven't received the paperwork what we will need to bring to the interview just notice online that we are going to be scheduled and will be sent information later. What will happen next? will they ask us to find a different sponsor? Will they deny his request to change residency status? Has anyone been in this situation that might give us some insight or guidance?

Thank you for any assistance you can provide us.

I'm the USC.

Sent I-129F application to Lockbox 01/10/14
(regretted not sending via Express Mail)
Confirmation of receipt via email/txt on 1/17/2014 Transferred to California Center
Received NOA1 hardcopy immediately thereafter
Alien Registration Number was changed on 1/22/2014
Request for evidence (RFE)sad.png 2/21/2014 (missing letter of intent from beneficiary) I wished I had discovered VJ before submitting. Read your VJ forums and ask questions before submitting!

Replied via express mail 2/27/2014

RFE Response Review 2/28/2014

l129F Petition approveddancin5hr.gif03/14/2014

NVC sent case to Embassy hardcopy received 4/5/2014

Fiance Submitted DS-160 online.

Completed medical exam 4/9/2014

Received Police Certificate 4/10/2014

Docs submitted and scheduled interview 4/16/2014

Interview 4/23/2014 K1 Visa Approved! :dancing:

Visa in hand 5/1/2014

Arrived 7/14/14

Married 7/22/14

AOS and EAD sent 8/5/14

Employment Authorization Card received 10/4/14

AOS interview 11/14/14

Conditional permanent resident Approved 11/14/14

WRlgm8.png

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Filed: K-1 Visa Country: United Kingdom
Timeline

I imagine, if you have enough money in your checking / savings, you should be ok. But, I haven't been in this situation so I cannot say for sure. Also, you may be approved without interview so might not be a problem. Also, if your spouse starts working on EAD, that should count in the interview?

Spoiler

K1 Journey:
2nd Jan 2014: I-129F Package Sent to USCIS (TSC)
8th Jan 2014: Check Cashed
13th Jan 2014: NOA1 (Hard Copy)
13th Jan 2014: Alien Registration Number Changed
28th Feb 2014: NOA2 (Online)
6th Mar 2014: NOA2 (Hard Copy)
11th Mar 2014: Sent to NVC
31st Mar 2014: Received at London Embassy
3rd Apr 2014: Packet 3 received
8th Apr 2014: Packet 3 sent
17th Apr 2014: Medical / 24th Apr 2014: Medical Sent to Embassy / 25th Apr 2014: Medical Logged by Embassy
30th Apr 2014: Interview Letter Received
19th May 2014: Interview (Approved)
21st May 2014: Visa Issued / 27th May 2014: Visa in Hand
16th June 2014: POE Chicago
30th Jun: Wedding!
25th Jul: AOS / EAD / AP Sent
15th Aug: Check Cashed
19th Aug: NOA1 Hard Copies Received (I-485, I-131, I-765)
29th Aug: Biometrics Letter Received 12th Sep: Biometrics Completed
20th Sep: NOA2 - EAD/AP Approved
22nd Sep: AOS moved to 'Testing and Interview'
25th Sep: EAD/AP Mailed & Tracking Number Provided (at 8.30pm)
27th Sep: EAD/AP Card Received in Mail
11th Nov: Interview Letter Received
17th Dec: Interview - APPROVED
17th Dec: Card in Production
17th Dec: Welcome Letter Mailed / 22nd Dec: Welcome Letter Received / 26th Dec: Green Card Received

16th Sep 2016: ROC Package Mailed to VSC

19 Sep: NOA 1 (Received in mail on 24 Sep)

21 Sep: Check Cashed

06 Oct: Biometrics Letter Received

18 Oct: Biometrics Appt

24 Aug 2017: I-751 Approved

28 Aug: Approval Letter Received

8 Sep: Card in Production

13 Sep: Card Mailed / 15 Sep: Card Received 

18 Sep: N-400 Sent via Mail to Dallas, TX / 20 Sep: NOA 1 / 21 Sep: Payment Cashed / 28 Sep: NOA 1 in Mail

6 Oct: Letter for Biometrics Received / 16 Oct: Biometrics Appt

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Filed: Citizen (pnd) Country: Ghana
Timeline

Maybe you can count your unemployment insurance? You had to show proof of income upon the date you filed, will they ask you to present that evidence again at the interview? I hope someone clarifies this for you I wish I had a better answer for you.

Maybe this post will help?

http://www.visajourney.com/forums/topic/204083-does-unemployment-insurance-count-as-income/?hl=%2Bunemployment+%2Binsurance

Edited by Rick & Mavis

K1 Visa AOS

10/21/13: I-129F Sent 07/12/14: Married

11/01/13: I-129F NOA1 (Texas Service Center) 08/20/14: (I-485, I-765, I-131) Mailed Out

02/19/14: I-129F NOA2 (110 days) 08/26/14: NOA's received (Nebraska Service Center)

03/04/14: NVC Received 09/17/14: Bio Appointment

03/07/14: NVC Left 11/14/14: EAD & AP Approved (86 days)

03/13/14: Consulate Received 11/18/14: EAD & AP approval letter received

04/09/14: Packet 4 Received 11/20/14: EAD Card Received!

04/24/14: Interview Date - APPROVED (174 days) 12/11/14: Potential Interview Letter received

05/18/15: Card Ordered To Be Produced

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Filed: Citizen (apr) Country: Nigeria
Timeline

They are looking for current and continuing income. But by interview time you may have something new and your spouse should have an EAD and may be able to help out.

This will not be over quickly. You will not enjoy this.

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Filed: Other Country: Russia
Timeline

My fiance arrived in July, we got married and applied for adjustment of status 485. filled out all the forms properly and now are waiting for a scheduling appt according to USCIS website status. But I was laid off last week. I was the sole sponsor on those forms we filled out. I have made more than enough this tax year to still qualify under the sponsor earnings requirement but will my lack of having a current employment disqualify me? What will happen at the interview? We haven't received the paperwork what we will need to bring to the interview just notice online that we are going to be scheduled and will be sent information later. What will happen next? will they ask us to find a different sponsor? Will they deny his request to change residency status? Has anyone been in this situation that might give us some insight or guidance?

Thank you for any assistance you can provide us.

You have to establish that you earn enough and expect to maintain those earnings or you must have sufficient assets to offset the lack of income or you will need a join sponsor.

If your spouse is employed and his employment is expected to continue you can also include his income as part of your household income.

QCjgyJZ.jpg

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Filed: K-1 Visa Country: Nepal
Timeline

thanks for the suggestions. i wish we knew exactly what can happen at this point. He barely got his EAD and is seeking employment. We haven't received a notice on the schedule date yet for his interview for AOS. Now I am concerned because I attempted to sign up for covered california and it says i am eligible for Medical. Is that public assistance? if i sign up for that will that disqualify me as a sponsor?

I'm the USC.

Sent I-129F application to Lockbox 01/10/14
(regretted not sending via Express Mail)
Confirmation of receipt via email/txt on 1/17/2014 Transferred to California Center
Received NOA1 hardcopy immediately thereafter
Alien Registration Number was changed on 1/22/2014
Request for evidence (RFE)sad.png 2/21/2014 (missing letter of intent from beneficiary) I wished I had discovered VJ before submitting. Read your VJ forums and ask questions before submitting!

Replied via express mail 2/27/2014

RFE Response Review 2/28/2014

l129F Petition approveddancin5hr.gif03/14/2014

NVC sent case to Embassy hardcopy received 4/5/2014

Fiance Submitted DS-160 online.

Completed medical exam 4/9/2014

Received Police Certificate 4/10/2014

Docs submitted and scheduled interview 4/16/2014

Interview 4/23/2014 K1 Visa Approved! :dancing:

Visa in hand 5/1/2014

Arrived 7/14/14

Married 7/22/14

AOS and EAD sent 8/5/14

Employment Authorization Card received 10/4/14

AOS interview 11/14/14

Conditional permanent resident Approved 11/14/14

WRlgm8.png

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Filed: Other Country: Russia
Timeline

Means tested public benefits refer to the beneficiary, not the sponsor.

If you can't find a way to meet the conditions of the I-864 and the interview date is coming, you have the option to reschedule the interview.

QCjgyJZ.jpg

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Filed: Citizen (apr) Country: Mexico
Timeline

You may not get an interview. About half of those adjusting from a K-1 are approved without an interview. If you do get notice of an interview, then you will need to bring an updated I-864 in case they ask for it, though they may not even then. If you and your spouse do not meet the income requirement then, you should bring documentation from a joint sponsor too.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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