On Furlough due to Shutdown while filing AOS

[Prisonmate 93]

Hello members, hope everyone is stay safe during the lockdown.

 

I need some objective advise.  Currently, I am on furlough from work collecting unemployment. I'm in the travel industry and looks like I won't return to work until next year. When I file the AOS for my newlywed wife and I'm unemployed, how will that affect the approval of the AOS? Financially I am well off in savings(cash, stocks, 401K plan). This furlough is just temporary until people feel safe to travel again. I just don't have any paychecks to submit prior to submitting the AOS.

 

If they deny my AOS petition, what other options do I have? Do my wife have to leave the country? Can I apply for I-130 Spousal Visa as plan B?

 

Thanks in advance for any suggestions or advise.

[geowrian 22,337]

Your current income will be $0, so you would need to qualify based on assets alone. For a spouse, that's at a 3:1 ratio ($3 in assets = $1 in income).

How much exactly that would be sufficient for the IO is unknown. They will look at the totality of the circumstances. See the worksheet: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

 

Personally, if my assets were at least 3x the required amount (125% of the FPL), I would just file for AOS. Then if employed by the time of the interview (likely closer to a year or longer at most offices), bring an updated I-864 to the interview.

Just be sure to provide all necessary documentation for the I-864.

 

If denied, you could just refile if you meet the minimum level - assuming an NTA is not issued.

A spousal visa is possible...but it has the same financial requirements and would be starting over from scratch.

[Prisonmate 93]

Thank you. That makes lots of sense. I did work part of this year before the lockdown. I have a great deal more than 3X the FPL so that's good. I'll bring a updated I-864 when I go to the interview. By then I'll be working again.

[Loren Y 2,755]

I would look on finding another job to get some paychecks rolling in to show income. Or find a well off joint sponsor. If your in the travel industry come October 1st when the requirement of the airlines and travel industries to get bailout money by keeping employees on the books per say ends, there are going to be many layoffs. Most of the big airlines have confirmed 50-80% of the workforce being permanently laid off, and no longer furloughed, so having a job to go back to is not in the cards for most people in the travel industry. Now is the time to get a new, possibly better job. Everyone is sitting fat on Unemployment making more money filing weekly claims than their jobs were paying, so there are many jobs available now that you could actually grab that you normally wouldn't see available. I have applied at a bunch of city jobs ( Water Department/ Parking enforcement, etc. ) That you normally would have a hard time getting, but with people being lazy it's your chance to swoop in and take their job from them. Don't feel bad, get yours and move on.

[Prisonmate 93]

Thank you. But where I live, everyone but essential workers don't have a job. There are hiring freeze in the local government to make up for the cost of the shutdown.  But your suggestion is welcome.

[carmel34 3,631]

14 hours ago, Prisonmate said:

Thank you. But where I live, everyone but essential workers don't have a job. There are hiring freeze in the local government to make up for the cost of the shutdown.  But your suggestion is welcome.

Amazon is hiring.

[Ontarkie 14,222]

~~MOved to AOS Family K1/K3, form K1 P&P- the OP is asking about the AOS process now.~~

[Nitas_man 3,100]

23 hours ago, Prisonmate said:

Hello members, hope everyone is stay safe during the lockdown.

 

I need some objective advise.  Currently, I am on furlough from work collecting unemployment. I'm in the travel industry and looks like I won't return to work until next year. When I file the AOS for my newlywed wife and I'm unemployed, how will that affect the approval of the AOS? Financially I am well off in savings(cash, stocks, 401K plan). This furlough is just temporary until people feel safe to travel again. I just don't have any paychecks to submit prior to submitting the AOS.

 

If they deny my AOS petition, what other options do I have? Do my wife have to leave the country? Can I apply for I-130 Spousal Visa as plan B?

 

Thanks in advance for any suggestions or advise.

Note that cash is king.  Convertible

to cash within a year without damage to the sponsor (you) is the standard.  Best of luck 

Edited June 6, 2020 by Nitas_man

[Ayrton 965]

On 6/4/2020 at 8:35 PM, Prisonmate said:

Hello members, hope everyone is stay safe during the lockdown.

 

I need some objective advise.  Currently, I am on furlough from work collecting unemployment. I'm in the travel industry and looks like I won't return to work until next year. When I file the AOS for my newlywed wife and I'm unemployed, how will that affect the approval of the AOS? Financially I am well off in savings(cash, stocks, 401K plan). This furlough is just temporary until people feel safe to travel again. I just don't have any paychecks to submit prior to submitting the AOS.

 

If they deny my AOS petition, what other options do I have? Do my wife have to leave the country? Can I apply for I-130 Spousal Visa as plan B?

 

Thanks in advance for any suggestions or advise.

Just a correction, it's HER AOS petition, not yours. You're her sponsor.

 

If she haven't filed for AOS yet, and you don't have any income now, she will need a joint sponsor. I've seen cases that assets weren't take in consideration and they asked for a joint Sponsor.

 

Get a joint sponsor.

Edited June 6, 2020 by Ayrton