my fiance about to lose his job just before K1 packet is sent

[biggiehuggie 40]

I may not be in the right forum section to ask but I would ask anyway.

My fiance will be sending our K1 packet tomorrow but just today, he learned that he will lose his job by March 2017 (the company already gave him a headsup). At this point, we are considering our options.

1. to ride it out and hope that my K1 visa gets approved before end of March

2. to look for a job and risk not meeting the 125% poverty line requirement (he has a regular blue collar job) by the time the interview comes

If I choose number one and only after I arrive in the US, that he will find a new job, we will not be able to file for AOS immediately, right? Will I be allowed to work as long as I have the EAD and delay the AOS application until he gets a stable job? For how long can we delay the AOS application?

If I choose number two, will it matter if he is only one or two months into his new job? I understand that current paystubs might be asked during the K1 interview. Will it be a red flag if they see that my petitioner has just been hired at a new job?

Just a little background about me and my fiance. He is a truck driver who has saved a lot of money and is above 125% poverty line. His job doesn't pay well but he does a lot of overtime that's why he managed to save money. He could have quit the company but the company offered good benefits that's why he stayed there for 8 years.He can get a new job but he doesn't want to lose his job YET until March 2017. I, on the other hand, have savings too and I intend to work the moment I get my EAD.Money is not really an issue for both of us. It is just really the fact that the Officer might ask of his employment status and it will not look good in our application.

Sorry for the long entry. We just don't know what to do at this point. Appreciate your input.

[p-ana 933]

Does he have a friend, relative, acquaintance that can be a sponsor?

[FOSSLGRL 63]

I don't think your K1 would get approved by end of march...

I just had to get an affidavit of support from my fiance in the US and he had to get a statement from his job saying how much he made and what kind of employee he is (permanent, etc.) ... so your fiance will likely not be able to prove that he can support you with his current job.

My advice is for him to start looking for new work immediately even if it means leaving his current job before it expires. I don't see it being a red flag, as long as he has held a steady job the whole time. But he will need a statement from his new job stating his income and his employment tenure, etc.

[Dutchster 1,107]

You could be lucky that your petition gets approved by the USCIS before March. Time frame is five months officially, normally you get approval within 2-3 months. It's be hard to prove sponsorship through your fiance at your interview though, that's what you have to consider more. Any luck in finding a sponsor through his family/friends?

I don't think your K1 would get approved by end of march...

The possibility is there that they CAN be approved before March.

[biggiehuggie 40]

both of his parents are not working anymore. his dad is a retired national guard and his mom is also retired. don't know if any of his friends will support him on this. We are both leaning towards him finding a new job and get severence pay so it's finance added. I just hope the Officer won't look at his new job as a warning that he might not be able to support me financially.

You could be lucky that your petition gets approved by the USCIS before March. Time frame is five months officially, normally you get approval within 2-3 months. It's be hard to prove sponsorship through your fiance at your interview though, that's what you have to consider more. Any luck in finding a sponsor through his family/friends?

The possibility is there that they CAN be approved before March.

both of his parents are not working anymore. his dad is a retired national guard and his mom is also retired. don't know if any of his friends will support him on this. We are both leaning towards him finding a new job and get severence pay so it's finance added. I just hope the Officer won't look at his new job as a warning that he might not be able to support me financially.

You could be lucky that your petition gets approved by the USCIS before March. Time frame is five months officially, normally you get approval within 2-3 months. It's be hard to prove sponsorship through your fiance at your interview though, that's what you have to consider more. Any luck in finding a sponsor through his family/friends?

The possibility is there that they CAN be approved before March.

[biggiehuggie 40]

i hope you are right. thanks for the advice. will let him know to get a letter from the new employer just in case.

I don't think your K1 would get approved by end of march...

I just had to get an affidavit of support from my fiance in the US and he had to get a statement from his job saying how much he made and what kind of employee he is (permanent, etc.) ... so your fiance will likely not be able to prove that he can support you with his current job.

My advice is for him to start looking for new work immediately even if it means leaving his current job before it expires. I don't see it being a red flag, as long as he has held a steady job the whole time. But he will need a statement from his new job stating his income and his employment tenure, etc.

[biggiehuggie 40]

I have another question. Is meeting the 125% above poverty line requirement only includes his savings, assets, etc.? Or are they going to consider his current pay at his new job and assess from there if he is able to meet the 125% requirement?

[Mmagic 127]

You said he saved lots of money if he does have some money saved and property then I doubt he needs co-sponsor. I know there is a formula to how much cash he has to have to sponsor you. Maybe someone can give you the right figures and calculation of how much cash he needs to have.  

[goodlulck52 69]

To use savings to supplement the gap between income and poverty line, the savings has to be at least 3 times the gap.

 

For example, in the case when you have a two-people household, the poverty line is $16,020 in 2016. If the sponsor's annual income is $10,000, then there is a gap of $6,020. This gap needs 3 times worth of savings to cover; in other words, the savings requirement would be $18,060.

 

The poverty line can be found here https://aspe.hhs.gov/poverty-guidelines

 

Please correct me if I am wrong.

Edited January 1, 2017 by goodlulck52

[Transborderwife 4,666]

I would consider finding a co sponsor.  you'll need one for aos

[yutekao 43]

You should definitely find a joint sponsor if you can. I believe if you are using asset you need at least 3 times the gap but for the AOS will be 5 times the gap.

 

Good luck!

[goodlulck52 69]

1 hour ago, yutekao said:

You should definitely find a joint sponsor if you can. I believe if you are using asset you need at least 3 times the gap but for the AOS will be 5 times the gap.

 

Good luck!

Hm, the instructions of I-864 https://www.uscis.gov/i-864 does say:

 

"... however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference."

 

Am I using the wrong form?

[javadown2 308]

5 hours ago, goodlulck52 said:

Hm, the instructions of I-864 https://www.uscis.gov/i-864 does say:

 

"... however, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference."

 

Am I using the wrong form?

The I-864 is for Immigrant  visa's overseas and for AOS.

 

I pulled this directly off the form:

Who Needs to Submit Form I-864?

The following immigrants are required by law to submit Form I-864 completed by the petitioner to obtain an immigrant visa overseas or to adjust status to that of a lawful permanent resident in the United States:

1. All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S.

citizens 21 years of age and older);

2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons

and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of

U.S. citizens 21 years of age and older); and

3. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S.

national relative filed the immigrant visa petition.

 

So if your asking for K-1 then no you would use the I-134