Applying for green card for spouse

[flabbyshins 1]

Hello guys,
I had obtained my employment based green card in the year 2017 after which I traveled to India for marriage. Unfortunately during that period, my client company shut down and I had to be laid off in May 2018. I stayed back in India and returned to the US in November 2018. After returning, I invested my time in business and that didn't do well. I got my new job in the month of May 2019 and have been working since. So as you may see, I was pretty much out of work from May 2018 till May 2019.
I have to file I-130 for my wife. There is a section that requires you to fill in your Employment History. I would like to know if there would be an issue on the application if there are gaps in the employment history. If so, then what would be the best way to approach this?

Any help in this regard will be greatly appreciated.

Thanks

[Hank_ 9,174]

As the saying goes ... just the facts .  Complete the form honestly & accurately.   Don't see why a lapse would cause issues

[flabbyshins 1]

Thanks for your response. 😊
When I had asked about the best way to approach it, I was not asking for a work around. Instead, I was seeking some guidance on the lines of whether I should mention in the form about being unemployed for that period of time or maybe should I provide them with an affidavit stating that I had been "unemployed" and was invested in a business or should I leave out the unemployed phase and mention the time I was employed before that....
As for providing false information, I am a firm believer that if I provide any then it will surely come back to bite me. I'd rather give out the truthful information and have an explanation for that than provide a false one and live with the fear of a backlash. 🙂

[Hank_ 9,174]

Wasn't hinting that you were looking for a work around.  Was stating to provide, only, the information asked for.    It asks for employment history .. that is what you give them .. just the facts.   

 

 

The "header" for that section states if currently unemployed to type or print UNEMPLOYED ... if not currently unemployed ...  well you get the idea.  

[flabbyshins 1]

Thanks Hank

I need some clarification on this one please...
I have a 5 month old son and he qualifies as a 'derivative beneficiary' due to which I do not have to file separate I-130s for both my wife and son.
Do I need to fill in his information in Part.9 (the extra space in the last page of the form) just like I did for the 'Information About Beneficiary' part for my wife? Or just having his name in the 'About the beneficiary's family' part enough?

[Just Paul 4,595]

3 minutes ago, flabbyshins said:

I have a 5 month old son and he qualifies as a 'derivative beneficiary' due to which I do not have to file separate I-130s for both my wife and son.

He needs his own petition.    There are no derivative for a spouse.

[flabbyshins 1]

A US citizen needs to file separate petitions for spouse and child but not a lawful permanent resident. 

Please refer to the below statements given in Page 1 & 2 of Instructions for Form I-130 (PDF, 254 KB) on the USCIS website.

 

2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:

A. Your spouse;

B. Your unmarried child under 21 years of age; and

C. Your unmarried son or daughter 21 years of age or older

 

5. If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition.

[LilyJ 1,258]

5 hours ago, flabbyshins said:

Thanks Hank

I need some clarification on this one please...
I have a 5 month old son and he qualifies as a 'derivative beneficiary' due to which I do not have to file separate I-130s for both my wife and son.
Do I need to fill in his information in Part.9 (the extra space in the last page of the form) just like I did for the 'Information About Beneficiary' part for my wife? Or just having his name in the 'About the beneficiary's family' part enough?

Is your son qualified to have US citizenship derived from you? You should look into CRBA. If your son qualifies for citizenship, you can't petition him, you'd have to do CRBA

[payxibka 10,045]

17 minutes ago, LilyJ said:

Is your son qualified to have US citizenship derived from you? You should look into CRBA. If your son qualifies for citizenship, you can't petition him, you'd have to do CRBA

He's not a citizen 

[LilyJ 1,258]

4 minutes ago, payxibka said:

He's not a citizen 

Missed that part; thanks for correcting

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Brining Family Members of Permanent Residents to America forum.