Wife thinking of applying for weekly unemployment insurance benefits while GC/AOS pending

[CaseyBorne88 21]

5 minutes ago, geowrian said:

As the sponsor, it may or may not impact you even more greatly.

Presumably your current income is no longer sufficient to be a sole sponsor. So unless you have enough assets lined up, I would suggest seeking a joint sponsor now in case one is needed. If you find suitable employment before necessary, all the better. But be ready.

Only present the joint sponsor's I-864 if needed.

 

Technically your existing I-864 is still valid. You are not required to submit a new one. However, the IO can request a new I-864, and would probably do so if they learn of your change in employment.

 

Accepting the unemployment compensation isn't an issue in itself.

Thank you for the quick response. I have already lined up a co-sponsor prior to filing our AOS, so that wouldn't be an issue. In the event that a co-sponsor was required; would that come to me in the form of a RFE? or is that something that would need to be prepared in advance for an interview? 

 

[payxibka 10,047]

9 hours ago, theresaL said:

Unemployment is not something the employee pays into like SS or Medicare that is deducted from your wages. It is a tax/fund that the employer pays into. It's part of the payroll taxes that the employer by law is required to pay it's called FUTA in payroll terms. Voluntarily quitting a job does not automatically disqualify someone from receiving UIC but there is usually a waiting period before qualifying. See the post above from Agrabs for other criteria and check your state's website for state specific info.

Do not confuse the federal FUTA tax with the state UIC fund

[geowrian 22,338]

6 hours ago, CaseyBorne88 said:

Thank you for the quick response. I have already lined up a co-sponsor prior to filing our AOS, so that wouldn't be an issue. In the event that a co-sponsor was required; would that come to me in the form of a RFE? or is that something that would need to be prepared in advance for an interview?

Assuming the existing I-864 packet is sufficient, they would likely ask for a new one only at the interview. And if there was not a suitable one presented at the interview, then an RFE would be issued.

[theresaL 408]

2 hours ago, payxibka said:

Do not confuse the federal FUTA tax with the state UIC fund

I'm not confusing anything. FUTA is the fund the employer pays into. The state UIC fund is the fund that benefits are paid out of to the unemployed beneficiary. Early someone said that unemployment was a tax paid by the worker. My post was to clarify this mis-information.

 

The OP needs to check their state's Unemployment Division website to determine eligibility and estimated weekly benefits which are based on a formula. The only way to know if they qualify is to apply and wait for the official determination. Other things the OP needs to know is unemployment is taxable as earned income, weekly benefit is 60% of the average qualifying base wage and is only available for 26 weeks.