Proof of evidence for economic hardship?

[rahmed3 2]

Hi all,

 

I have petitioned for my spouse to obtain his greencard along with his Employee Work Authorization (Form 1-765) on March 2018. I asked that it be expedited on the basis that we are undergoing financial distress. 

 

USCIS came back asking for additional evidence but have provided no guidelines to what this can be.

 

Here is our situation: I am working full time and am supporting the both of us in San Francisco (very expensive!). Although my income can technically cover our expenses, he is losing several potential paychecks (he is an engineer) due to the lack of work authorization and I am saving no money. 

 

He does not have a bank account since the banks will not allow him to open an account without proof of employment, so I cannot provide a statement as evidence. If I provide mine, it will show that I am just barely covering my expenses, but it might not be enough to qualify for financial distress.

 

Has anyone had luck with this expedited process? Did you provide a job offer as proof? 

 

Thanks!

[Ben&Zian 4,398]

16 minutes ago, rahmed3 said:

Hi all,

 

I have petitioned for my spouse to obtain his greencard along with his Employee Work Authorization (Form 1-765) on March 2018. I asked that it be expedited on the basis that we are undergoing financial distress. 

 

USCIS came back asking for additional evidence but have provided no guidelines to what this can be.

 

Here is our situation: I am working full time and am supporting the both of us in San Francisco (very expensive!). Although my income can technically cover our expenses, he is losing several potential paychecks (he is an engineer) due to the lack of work authorization and I am saving no money. 

 

He does not have a bank account since the banks will not allow him to open an account without proof of employment, so I cannot provide a statement as evidence. If I provide mine, it will show that I am just barely covering my expenses, but it might not be enough to qualify for financial distress.

 

Has anyone had luck with this expedited process? Did you provide a job offer as proof? 

 

Thanks!

 

~Moved to Adjustment of Status Case Filing and Progress Reports~

 

 

Since you're sponsoring him as in the I-864, honestly not sure how you'd claim financial struggles, kind of see how that seems counter productive?

 

Never heard of a bank denying anyone from being added to an account without them having a job....

 

And probably easier for him to get a job offer and try to expedite the EAD with that.

Edited August 1, 2018 by Ben&Zian

[rahmed3 2]

Just now, Ben&Zian said:

 

Since you're sponsoring him as in the I-864, honestly not sure how you'd claim financial struggles, kind of see how that seems counter productive?

 

Never heard of a bank denying anyone from being added to an account without them having a job....

 

And probably easier for him to get a job offer and try to expedite the EAD with that.

He would claim financial struggles as he is not working; I would not be claiming it. He can be added to my bank account but he cannot have his own standalone account without proof of employment. 

 

If he gets a job offer, will he be expediting EAD based on financial distress? 

[Crazy Cat 42,263]

20 minutes ago, rahmed3 said:

He does not have a bank account since the banks will not allow him to open an account without proof of employment,

Are you sure about this? 

[Ben&Zian 4,398]

4 minutes ago, rahmed3 said:

He would claim financial struggles as he is not working; I would not be claiming it. He can be added to my bank account but he cannot have his own standalone account without proof of employment. 

 

If he gets a job offer, will he be expediting EAD based on financial distress? 

 

No he would be requesting expedite on a job offer.

 

Again claiming financial struggles is difficult I would think, can try it but, the whole point of the I-864 is you saying you can support him, doesn't matter if you or he is "struggling financially" or whatever. So again, kind of seems counter productive.

Edited August 1, 2018 by Ben&Zian

[Crazy Cat 42,263]

1 minute ago, Ben&Zian said:

Again claiming financial struggles is difficult I would think, can try it but, the whole point of the I-864 is you saying you can support him. So again, kind of seems counter productive.

Interesting point.  I could see the case being denied or RFE'd for that.

[rahmed3 2]

1 minute ago, Ben&Zian said:

 

No he would be requesting expedite on a job offer.

 

Again claiming financial struggles is difficult I would think, can try it but, the whole point of the I-864 is you saying you can support him, doesn't matter if you or he is "struggling financially" or whatever. So again, kind of seems counter productive.

Totally makes sense. Do you know what the estimated processing time is between USCIS receiving a job offer and formal work authorization being granted?

[Ben&Zian 4,398]

1 minute ago, rahmed3 said:

Totally makes sense. Do you know what the estimated processing time is between USCIS receiving a job offer and formal work authorization being granted?

 

That not sure about, could be few weeks to a month.... but first he has to get a formal job offer in writing from somewhere so, that is key first. Depending how long ago you applied for AOS with EAD and all, by time that happened you may end up getting the EAD anyways though too.

 

Again you can try the financial 'crisis' claim, doesn't hurt to try, won't affect your case really I don't think; but the job offer expedite seems way more likely... 

[geowrian 22,338]

17 minutes ago, rahmed3 said:

He would claim financial struggles as he is not working; I would not be claiming it. He can be added to my bank account but he cannot have his own standalone account without proof of employment.

Financial struggles? Didn't he know he couldn't work upon arrival? If this was a basis for an expedite, every K-1 visa holder would do it.

There are certainly exceptions for changes in circumstances, such as unpredictable expenses that may pop up (i.e. medical injuries and such).

 

I concur...get a job offer first for an increased chance of success. Even that expedite is backlogged right now, but it is a more traveled path.

[Roel 7,193]

If "losing potential paychecks" would be a ground for EAD expedite, everyone would be doing that.  

 

Only chance for expedite is IF he had a job offer and someone is about to hire him and they are only waiting for his EAD 

[A&H2018 148]

I disagree with the veterans of the forum who have posted, the reality is a lot of that advice was back when EADs were within 90 days. Now it is more unpredictable circumstance many many people are "expediting on financial hardship" and majority of employers are not that comfortable to give a full job offer letter these days to be told wait 6 weeks for USCIS to get back to me. Everyone is expediting based on "losing potential paychecks" because the reality is what USCIS expect when they keep moving out the EAD approval dates.

 

Expedites on hardship are evaluated on the basis that "expediting" today will actually fix the hardship. So you mention he is an engineer, is there proof he can land a job in 45days or so? Has he started to talk to recruiters, have phone interviews etc...Do you have an idea what kind of salary jobs he would qualify for could make? If he has not done any of those things then legitly he is far away from "losing paychecks" but if he is in the midst of doing all that he can use that as proof that is employable and the paychecks fix the hardship. I suggest a cover letter, with the potential salary he can make, your monthly budget currently, any notes if he supports people back home or so. Then proof/logs of his current job search, interviews, recruieters etc...As well proof of your latest taxes paid. Senator Feinstein is willingly to work with anyone who has a well written cover letter explaining how "they can fix the hardship".

 

If he started an expedite tomorrow it could possibly take at least one month in most cases, so starting one today is not the worse idea if he has most of that stuff lined up. But I would not approach the senator until he is very close to getting a job offer. If the company will give a job offer letter even better as everyone mentioned the strongest case.

Edited August 1, 2018 by A&H2018

[Marieke H 2,523]

1 hour ago, rahmed3 said:

He would claim financial struggles as he is not working; I would not be claiming it. He can be added to my bank account but he cannot have his own standalone account without proof of employment. 

 

If he gets a job offer, will he be expediting EAD based on financial distress? 

As you two are married, it makes no sense to say that he is struggling financially, while you are able to support him. You're supposed to be comingling finances, so you either both struggle or you don't. 

 

He can try to expedite based on a job offer. My expedite took 6 weeks, but I am still unsure if the expedite request really helped, because my EAD application had already been pending for 5 months by then, so maybe it was just my time to get approved.

[Orangesapples 1,954]

10 hours ago, missileman said:

Are you sure about this? 

Yeah, I can guarantee you that Chase will open an account for you even if you're unemployed although they're super picky about their address requirements. Also, why does your husband need a separate account? Just add him to yours. He can use it for everything and he can have his paycheck deposited there, too. 

[Jaquelly 1,647]

6 hours ago, Orangesapples said:

Yeah, I can guarantee you that Chase will open an account for you even if you're unemployed although they're super picky about their address requirements. Also, why does your husband need a separate account? Just add him to yours. He can use it for everything and he can have his paycheck deposited there, too. 

Bank of America also added my husband onto my account even though he is unemployed. As long as he registered for his social security number and has that, as well as his passport, getting him onto your bank account shouldn't be an issue. You'll also need proof of being married, and having a joint bank account is a great start.

[Boiler 46,086]

You d not need a job to open a bank account, that is silly.