Unemployment while awaiting appointment

[Kept 3]

So a few minutes ago my husband (and sponsor) was let go from his job. We are at the stage where we've been prompted to schedule an appointment with the consulate in Montreal and are checking every day for availabilities. I'm wondering how this might effect my case at this late stage, what to expect, and advice on any actions I should take. Any insight is appreciated. I looked through the old posts and could not find any where applicants were at this stage (maybe they're hidden, maybe I am not good at navigating this website yet??).

[Crazy Cat 41,851]

48 minutes ago, Kept said:

So a few minutes ago my husband (and sponsor) was let go from his job. We are at the stage where we've been prompted to schedule an appointment with the consulate in Montreal and are checking every day for availabilities. I'm wondering how this might effect my case at this late stage, what to expect, and advice on any actions I should take. Any insight is appreciated. I looked through the old posts and could not find any where applicants were at this stage (maybe they're hidden, maybe I am not good at navigating this website yet??).

You can't submit a false I-864 at your interview.  Will Montreal allow joint sponsors?  or do you and your husband have qualifying assets?

Edited April 23, 2019 by missileman

[Kept 3]

10 minutes ago, missileman said:

You can't submit a false I-864 at your interview.  Will Montreal allow joint sponsors?

I understand- we are pretty concerned about submitting the I 864 since it will be an accurate portrayal of the most recent tax year but not the current situation. We do NOT want to lie or give misinformation but we also do not want to wait until 2020 to have an interview. 

 

He has been working as an emergency dispatch manager until today, we are hoping he will find a new employer quickly. My husband would like to avoid having a co-sponsor unless it is necessary. We will not submit inaccurate information at the interview but we are wondering if we have to update anyone about our change of situation right now (like calling and explaining what happened, or refiling anything). His address will change as well since he moved out of state for the job he was working, and has no reason to stay. 

 

I need to know what I have to do now, and what could be cause for rejection at the interview when they go over everything such as filing for unemployment or anything. 

[Just Paul 4,595]

He needs to find a job or a joint sponsor.  Most likely a joint sponsor would be requested by the co.

[NikLR 13,227]

You need a joint sponsor.  I-864 must be accurate for interview. 

[Kept 3]

I guess I don't understand and require clarification, is the I-864 only needed from the cosponsor at that point? We can easily get one but my husband's tax return would remain the same with or without...

Do I really not have to notify anyone of these changes until the interview? Does filing for unemployment not matter to the person who interviews me? 

[Crazy Cat 41,851]

14 minutes ago, Kept said:

I understand- we are pretty concerned about submitting the I 864 since it will be an accurate portrayal of the most recent tax year but not the current situation. We do NOT want to lie or give misinformation but we also do not want to wait until 2020 to have an interview. 

 

He has been working as an emergency dispatch manager until today, we are hoping he will find a new employer quickly. My husband would like to avoid having a co-sponsor unless it is necessary. We will not submit inaccurate information at the interview but we are wondering if we have to update anyone about our change of situation right now (like calling and explaining what happened, or refiling anything). His address will change as well since he moved out of state for the job he was working, and has no reason to stay. 

 

I need to know what I have to do now, and what could be cause for rejection at the interview when they go over everything such as filing for unemployment or anything. 

I would not notify anyone yet.  I would find a qualified joint sponsor and get an I-864 plus supporting documents ready.  Then, at the interview, I would present the consulate officer with a new I-864 based on my husband's new job (hopefully) and the joint sponsor's documents if needed.............filing for unemployment is a non-issue for the interview....forget about that.

Edited April 23, 2019 by missileman

[Villanelle 4,122]

The 864 is considered to be valid for 6 months from when it was submitted. You are under NO obligation to update it because things have changed since it was submitted. However the Officer can ask in the interview if anything changed or if it was submitted over 6 months ago they need updated info. It seems to be you are under 6 months from when you submitted it to NVC so if they ask in the interview you have to tell the truth. They will probably give you a  221g and that will give you time to submit a co-sponsors 864 if you dont have it with you. If they dont ask if anything on the 864 has changed, again you are under no obligation to tell them as its still considered valid since it was valid when it was submitted.. 

[NikLR 13,227]

Suddenly it's okay to lie about his current income just because it's valid for 6 months? The petitioner no longer has a current income.

Up to you OP.  Montreal doesnt really care about past income.  People have easily made it through with 3 tax returns under the guidelines and a current job over.  Your husband doesnt currently work.  

[Kept 3]

I don't want to lie (even by omission) and will take a combination of NikLR and Missileman's advice. I am a full-disclosure, obsessive, makes back-up plans for my back-up plans kind of girl. I have people in mind for cosponsors if we ultimately need, I have no doubt he will find a job before we schedule an interview. I've been waiting since November 1st for an interview date, I've checked the website every day and there is still no indication that there will suddenly be availabilities so there is time to get my ducks in a row. I was just concerned the actual loss of job at this point just before an interview (no matter how brief it will be) would make him ineligible to sponsor me, or that I would have to immediately report to someone about the job loss, or that him collecting unemployment would ruin my chances. No I-864s have been submitted by me as of yet so we will fill them out again when an appointment is scheduled. Maybe appointment dates won't be posted for another 6 months yet or something, and if he doesn't get a new job quickly I will absolutely take steps toward getting a co-sponsor. I want to do everything right and not have any chance of being turned away.

[Villanelle 4,122]

Well if you havent submitted the 864 yet its a whole other story. You can not submit it with inaccurate information. Its a totally different scenario if you had submitted it and something changed. In those cases its not lying by omission. I would never suggest someone do that. Policies are very specific and in the case of the 864 once its signed and submitted it is considered to be valid for 6 months regardless of whether or not things change. If there was a policy saying you have to update them on your situation and you didnt then that would be improper but there isn't. Since you havent submitted it yet- you should tear up the one you have and you will need to fill out a new form showing he is unemployed (therefore needing a co-sponsor) or list his new employer on it to submit when you get to that step  . 

[carmel34 3,631]

13 hours ago, Kept said:

I don't want to lie (even by omission) and will take a combination of NikLR and Missileman's advice. I am a full-disclosure, obsessive, makes back-up plans for my back-up plans kind of girl. I have people in mind for cosponsors if we ultimately need, I have no doubt he will find a job before we schedule an interview. I've been waiting since November 1st for an interview date, I've checked the website every day and there is still no indication that there will suddenly be availabilities so there is time to get my ducks in a row. I was just concerned the actual loss of job at this point just before an interview (no matter how brief it will be) would make him ineligible to sponsor me, or that I would have to immediately report to someone about the job loss, or that him collecting unemployment would ruin my chances. No I-864s have been submitted by me as of yet so we will fill them out again when an appointment is scheduled. Maybe appointment dates won't be posted for another 6 months yet or something, and if he doesn't get a new job quickly I will absolutely take steps toward getting a co-sponsor. I want to do everything right and not have any chance of being turned away.

Sounds like you are on the ball OP, and Montreal is known for taking forever to schedule interviews many months out, so your husband should have time to find another job, then just include that information on  an updated affidavit of support with proof of current income that you will take to your interview.  If you are concerned you could find a co-sponsor and take the additional affidavit of support and other documents to the interview as well just to be safe.  No need to do anything now like notify the Montreal Consulate, except change of address information for your husband should be sent to keep NVC updated.  I am confused when you said you have not submitted an I-864, yet you are waiting for an interview to be scheduled--normally an I-864 from petitioner is required at the NVC stage of a CR-1 visa process, before case complete at NVC and an interview scheduled?  Please explain that part...

[junkmart 320]

19 hours ago, Kept said:

I guess I don't understand and require clarification, is the I-864 only needed from the cosponsor at that point? We can easily get one but my husband's tax return would remain the same with or without...

Do I really not have to notify anyone of these changes until the interview? Does filing for unemployment not matter to the person who interviews me? 

You do not have to let anyone at embassy or state or USCIS know that your fiance was let go right now.

 

There are two areas where income is requested on I-864. Part 6 #7 asks for current individual annual income, in other words the amount you are projected to earn in a year. This amount is evidenced by the employment verification letter and pay stubs. Currently, being unemployed, he would have to put -0-. But if he finds a new job before the interview, he can update this.

Part 6 #24 asks for total income as reported on Federal income tax returns. Here he would enter the amounts from his tax return. This doesn't change even though he is now unemployed.

 

If, at interview time, his income in Part 6 #7 is still -0-, get a co-sponsor.

[KartineeKartoons 434]

18 hours ago, Kept said:

I don't want to lie (even by omission) and will take a combination of NikLR and Missileman's advice. I am a full-disclosure, obsessive, makes back-up plans for my back-up plans kind of girl. I have people in mind for cosponsors if we ultimately need, I have no doubt he will find a job before we schedule an interview. I've been waiting since November 1st for an interview date, I've checked the website every day and there is still no indication that there will suddenly be availabilities so there is time to get my ducks in a row. I was just concerned the actual loss of job at this point just before an interview (no matter how brief it will be) would make him ineligible to sponsor me, or that I would have to immediately report to someone about the job loss, or that him collecting unemployment would ruin my chances. No I-864s have been submitted by me as of yet so we will fill them out again when an appointment is scheduled. Maybe appointment dates won't be posted for another 6 months yet or something, and if he doesn't get a new job quickly I will absolutely take steps toward getting a co-sponsor. I want to do everything right and not have any chance of being turned away.

Hey, i have a question not related to your question. 🤗

You mentioned husband, so I believe you are applying CR-1 and Montreal correct? And you said you’ve been waiting since November for interview date? Are you supposed to be the one scheduling it or NVC? Thank you. 

[Villanelle 4,122]

7 hours ago, carmel34 said:

Sounds like you are on the ball OP, and Montreal is known for taking forever to schedule interviews many months out, so your husband should have time to find another job, then just include that information on  an updated affidavit of support with proof of current income that you will take to your interview.  If you are concerned you could find a co-sponsor and take the additional affidavit of support and other documents to the interview as well just to be safe.  No need to do anything now like notify the Montreal Consulate, except change of address information for your husband should be sent to keep NVC updated.  I am confused when you said you have not submitted an I-864, yet you are waiting for an interview to be scheduled--normally an I-864 from petitioner is required at the NVC stage of a CR-1 visa process, before case complete at NVC and an interview scheduled?  Please explain that part...

I was thinking the same thing but CR visas are not my area. We were K/AOS.