I-130 Petitioners Employment

[PhillR 0]

My US Citizen wife will be filing an I-130 for me as the beneficiary. She is back in the US and looking for a job, having left the UK. Does the fact that she currently has no employment matter? Will the I-130 still be processed? She is job hunting and will have one very soon due to her abilities.

[GreatDane 366]

1 minute ago, PhillR said:

My US Citizen wife will be filing an I-130 for me as the beneficiary. She is back in the US and looking for a job, having left the UK. Does the fact that she currently has no employment matter? Will the I-130 still be processed? She is job hunting and will have one very soon due to her abilities.

In order to sponsor you, she will need to meet the financial requirements. Having a job will be an essential part in this. Length of unemployment, skill level, etc. can be considered. They will also look at her past income and tax returns.

[PhillR 0]

Thanks GreatDane. Yes, I know that this information will be required for when I submit the IR1 and the Affidavit of Support, but can she submit the I-130 whilst she is unemployed to get the process moving along?

[Liam2021 587]

she can submit I-130 whenever she can. The i864(AOS) only come in place at NVC phase. If her income not enough, she can get a join-sponsor.

[PhillR 0]

Thanks H&T. This is what I have read elsewhere too. She already has an interview, having only been back in the US for less than 2 weeks, so she will have a job in the next 4-8 weeks most likely. Her base salary will be in excess of $70,000 so no issue with meeting the financial requirements. She will mention this on the covering letter as well.

[Nitas_man 3,100]

30 minutes ago, PhillR said:

Thanks GreatDane. Yes, I know that this information will be required for when I submit the IR1 and the Affidavit of Support, but can she submit the I-130 whilst she is unemployed to get the process moving along?

Yes, she can submit the I-130 while she is looking for a job.  May I assume that she was living overseas with you?  Essentially all of us who submitted petitions from overseas were considered "zero income jobless" for immigration purposes when the petitions were filed.  She needs to have financial affairs in order before it is time to submit the affidavit of support.

25 minutes ago, PhillR said:

Thanks H&T. This is what I have read elsewhere too. She already has an interview, having only been back in the US for less than 2 weeks, so she will have a job in the next 4-8 weeks most likely. Her base salary will be in excess of $70,000 so no issue with meeting the financial requirements. She will mention this on the covering letter as well.

There is nothing about employment on the petition and I would not mention it at this point.  Just get the petition filed and she has a few months to settle down and go to work.

[PhillR 0]

Thanks Nitas_man. Yes, we were both living in the UK, and we are now moving back to the US. The I-130 specifically asks for 5 years employment history and it says the enter "unemployed" if that is the case currently.

[pushbrk 13,118]

55 minutes ago, GreatDane said:

In order to sponsor you, she will need to meet the financial requirements. Having a job will be an essential part in this. Length of unemployment, skill level, etc. can be considered. They will also look at her past income and tax returns.

But not in order to file a petition and have the petition approved.  Context, context, context.

[PhillR 0]

15 minutes ago, pushbrk said:

But not in order to file a petition and have the petition approved.  Context, context, context.

On the current I-130 under section 42 it specifically asks for employment history and to state "unemployed" if that is currently the case. Are you suggesting my wife ignores this section? Surely that would not be the right thing to do?

[PhillR 0]

8 minutes ago, PhillR said:

On the current I-130 under section 42 it specifically asks for employment history and to state "unemployed" if that is currently the case. Are you suggesting my wife ignores this section? Surely that would not be the right thing to do?

 

Ok, I misunderstood the last reply. Thanks.

[Amadia 711]

Hi OP,

 

Your spouse can start the filing process while job hunting.

[redvines 57]

My wife filed with her latest job as 'unemployed' for a similar reason - we were approved by USCIS (at the NVC stage now). It is months and months later they start asking for information about income, so plenty of time to rectify the situation.

Edited August 7, 2018 by redvines

[PhillR 0]

Great! Thanks redvines and Amadia and everyone else too. Much appreciated.