Need Advice

[Aymann 0]

Hello,

My wife , who is a lawful permanent and the petitioner in my case , came to visit me but unfortunately because of the new virus the local authorities decided to close the boarder. Now, her employer back in USA, is giving her two options, either she resign or they will put her as displaced worker. Which one of those options is the best for out immigration case? given that we are waiting NVC to schedule the appointment for us with the embassy, we are  also considering to have her brother as a joint sponsor.  

Thank you

Ayman

[Dashinka 24,508]

Trying to understand, is she not allowed to leave your country where she is currently, or not being allowed back into the US?  Which country is this?  How long has she been gone from the US?  Personally, I would be trying to get back to the US especially when looking to petition a spouse since working an supporting a future immigrant is certainly important.

 

Good Luck!

[Aymann 0]

She can't leave the country because the closed the boarders.

[Chancy 6,241]

10 minutes ago, Aymann said:

her employer back in USA, is giving her two options, either she resign or they will put her as displaced worker. Which one of those options is the best for out immigration case?

 

It won't matter.  She'll have no income from that job either way.  What matters for your immigration case is whether she has sufficient and stable US-based income at the time of your interview.  If not, you'll definitely need a joint sponsor.

 

[Dashinka 24,508]

Did she contact the US Consulate?  How long has she been out of the US?

Just now, Chancy said:

 

It won't matter.  She'll have no income from that job either way.  What matters for your immigration case is whether she has sufficient and stable US-based income at the time of your interview.  If not, you'll definitely need a joint sponsor.

 

Plus a spouse that doesn’t abandon their LPR status.

[Aymann 0]

We did not contact the consulate and she came one month ago to Oman.

[Dashinka 24,508]

2 minutes ago, Aymann said:

We did not contact the consulate and she came one month ago to Oman.

Ok, for now it appears this would just be an employment thing.  Is she planning on getting back to the US when the borders open back up?  I would definitely pursue getting a joint sponsor.

Edited December 23, 2020 by Dashinka

[Aymann 0]

Yes but she will be staying until April.

[Dashinka 24,508]

1 minute ago, Aymann said:

Yes but she will be staying until April.

So it appears she will lose her job, so I would advise updating the resume, lining up a joint sponsor, and then finding a new job when she returns.

 

Good Luck!

[Aymann 0]

Thank you

[Crazy Cat 41,886]

I would get a joint sponsor.  Sounds like she will be basically unemployed.  

[African Zealot 1,455]

If she resigns will she be eligible for unemployment income? Something to consider 

[databit 328]

She cannot file for unemployment. That would be fraud, because she would need to be able to accept a local job, which she could not do if she's not back home.

[Daisy.Chain 317]

Did they close the border only to the USA? Can she go to a third country and enter the US from there?

[Chancy 6,241]

2 hours ago, Ray.Bonaquist said:

If she resigns will she be eligible for unemployment income? Something to consider 

 

Even if she can get unemployment checks, it still won't help the OP's immigration case.  Current income for the Affidavit of Support would still be $0 unless she gets another US-based job before the interview.  Unemployment benefits don't count.