k1 visa: Will a large gap of recent unemployment (2yrs) be grounds to reject my visa?

[Tore 2]

I'm the petitioner and I've been mainly unemployed for a little over 2yrs, and I don't want to use a sponsor.

Is this 2 year gap of unemployment grounds to reject our visa, even if I get a job this month?

I got the NOA1on  November 27th, and my fiancée is a Korean native. I expect my fiancée to go on the interview by the summer.

So would me working for 5-7 months prior to the interview be good enough assuming it's above the income requirements? Or have you seen many cases that have been rejected on those grounds?

 

[geowrian 22,338]

It could be fine. it could be a reason to deny under the public charge rule. It's the CO's call based upon a totality of the circumstances.

They will take into account age, work history, etc. A fairly recent student who didn't work for a couple years is different than a 50 year old who hasn't worked in a couple years.

 

Public charge criteria from the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

[Liam2021 587]

You need to get a stable job so you can prove you can support your fiancée . K1 is not the end because you have to married and then AOS. for AOS, it required 3 year tax return( the previous year is must have, and 3 year just to show you have a stable job). It really hard for you if you don't have a join-sponsor because you seems like don't have a stable job.

[jaysaldi 213]

I had's worked in seven years and my petition was approved. I have investment income though.

 

After you file the K-1 petition and before the interview, they are going to ask for your last year's tax transcripts. You'll want to be over the minimum income on your last filed tax return.

Edited January 14, 2020 by jaysaldi

[carmel34 3,655]

16 hours ago, Tore said:

So would me working for 5-7 months prior to the interview be good enough assuming it's above the income requirements? Or have you seen many cases that have been rejected on those grounds?

It might be good enough for a K-1 approval if you start working now and can show six months of pay stubs, and a letter from your employer, and if the income is high enough.  If the K-1 is approved on that basis you may have a problem with AOS after marriage in the US, so start looking for a joint sponsor.  That way you'll have a joint sponsor ready if you need it for the K-1 interview as well.  Good luck!

Edited January 14, 2020 by carmel34