Should we update NVC?

[darth vader 133]

We are awaiting I-130 approval for spouse of U.S. citizen (IR1 visa). The petitioner and spouse both currently live abroad. I am looking for advice on the following scenario:

 

1. The petitioner who lives abroad takes up a full-time U.S. job and moves to U.S. before filing i-864. And files i-864 while being employed full-time in the U.S.

2. Once i-864 is filed, the petitioner converts the full-time position to an independent contract position.

3. The petitioner moves back outside the U.S. to continue to live with the beneficiary while waiting for the interview, and keeps working as an independent contractor.

4. The petitioner moves back to the U.S. one month before interview and converts back to being full-time employee before the interview.

 

We are trying to minimize separation, while still having a full-time U.S. job at the crucial junctures (NVC/i-864 and interview). However, my questions are:

 

1. Should the petitioner wait for DQ, before changing job status from full-time to independent contractor?

2. If the petitioner converts from full-time to independent contract after i-864 filing, does the petitioner have to let NVC know immediately of the change in job status OR would the petitioner just need to bring updated i-864 to interview and no need to update NVC?

3. If the petitioner is not required to update CEAC/NVC about job status change after filing i-864, then does the petitioner need to even bring updated i-864 to the interview as the job would be converted back to full-time again before the interview, hence, the info on the already submitted i-864 would be accurate?

4. If the petitioner is converted back to full-time at the same firm before interview, then at the interview, does the petitioner need to mention that they worked as independent contractor for a few months before converting back as full-time employee? OR should the petitioner not bring this up unless CO asks?

 

Thanks in advance!

Edited March 6, 2021 by darth vader

[darth vader 133]

Inviting @Duke & Marie @millefleur @Ontarkie @NikLR @Lucky Cat @HRQX @Ryan H @aaron2020 @Villanelle @Nitas_man @payxibka @Jorgedig @Lemonslice for advice.

Edited March 7, 2021 by darth vader

[aaron2020 11,651]

Don't try to game the system.  The CO is not going to like it when people play games.  

 

The I-864 is judged based on a totality of circumstances.  Aside from the 125% poverty level, the CO is looking at how long and how reliable is that income to support the intending immigrant.

 

Flipping from full time to independent contractor and then back to full time is adding a level of complications and uncertainty to the case.  Just stay a full time employee until the visa is in hand.  As an independent contractor, you might need to show a tax return showing the annual income from that type of work.

KISS.  Keep it simple . . . . 

 

Separation is part of the process.  It you want to minimize it, then you need a Joint Sponsor.  If you can't get a JS, then you got to come back and do what is necessary to get the visa.  

 

From personal experience, it never goes well when I think someone is trying to play games and they want/need something from me. 

[darth vader 133]

5 minutes ago, aaron2020 said:

Don't try to game the system.  The CO is not going to like it when people play games.  

 

The I-864 is judged based on a totality of circumstances.  Aside from the 125% poverty level, the CO is looking at how long and how reliable is that income to support the intending immigrant.

 

Flipping from full time to independent contractor and then back to full time is adding a level of complications and uncertainty to the case.  Just stay a full time employee until the visa is in hand.  As an independent contractor, you might need to show a tax return showing the annual income from that type of work.

KISS.  Keep it simple . . . . 

 

Separation is part of the process.  It you want to minimize it, then you need a Joint Sponsor.  If you can't get a JS, then you got to come back and do what is necessary to get the visa.  

 

From personal experience, it never goes well when I think someone is trying to play games and they want/need something from me. 

We do have a JS lined up just in case. Just curious - if we take JS i-864 to the interview and the CO asks for it - do they usually just review it right there and approve the visa or do they issue a 221g and take their time to review the newly provided JS docs at the interview?

[aaron2020 11,651]

Send in the JS's I-864 when you send in your I-864.  

You want to minimize the separation so why delay giving the CO relevant information?

 

[darth vader 133]

10 minutes ago, aaron2020 said:

Send in the JS's I-864 when you send in your I-864.  

You want to minimize the separation so why delay giving the CO relevant information?

 

I have been advised (by multiple immigration lawyers) that we shouldn't submit a JS preemptively at NVC stage as it signals to CO that we are not confident in petitioner's ability to support the immigrant.

 

Hence, curious if providing JS docs at interview means a guaranteed 221g and extra time for them to review it or can they review it right there during the interview?

Edited March 7, 2021 by darth vader

[aaron2020 11,651]

46 minutes ago, darth vader said:

I have been advised (by multiple immigration lawyers) that we shouldn't submit a JS preemptively at NVC stage as it signals to CO that we are not confident in petitioner's ability to support the immigrant.

 

Hence, curious if providing JS docs at interview means a guaranteed 221g and extra time for them to review it or can they review it right there during the interview?

The law allows for a JS.  Plenty of people have been successful with a JS.

It's up to the CO.  

[Duke & Marie 1,389]

I agree with aaron2020 don’t try play the system your over complicating things, at a stage when you only have a few months left in the process. 

 

In answer to your questions you as the sponsor don’t have to keep telling them that your changing job while at NVC stage or any other stage for that matter, the form is only true and correct at time of signing...so you could change jobs 50 times and that is your right and choice to do so..,

 

HOWEVER come time of interview, your spouse will need to advise them of any changes in circumstances and changes to information within the forms to ensure they are true and correct at time of adjudication and prove that your current income still meets the requirements for sponsorship e.g. >125% of poverty line.. she’ll need to take additional evidence to support this information and it may place you in AP longer due to their need to now review this information. 

 

something else to consider is that while this flip/flop employment and living out of the country might help you to see your wife and reduce the amount of separation, it also demonstrate a lack of reliable employment and possible domicile issues, something that could negatively impact your ability to sponsor your spouse..

 

personally I think a solid employment history with a reliable employer along with unquestionable domicile is the best option here.. unfortunately separation is one of the downsides of CR1/IR1 something we all have to deal with, but it’s worth it in the long run. 

[darth vader 133]

On 3/7/2021 at 11:58 AM, Duke & Marie said:

I agree with aaron2020 don’t try play the system your over complicating things, at a stage when you only have a few months left in the process. 

 

In answer to your questions you as the sponsor don’t have to keep telling them that your changing job while at NVC stage or any other stage for that matter, the form is only true and correct at time of signing...so you could change jobs 50 times and that is your right and choice to do so..,

 

HOWEVER come time of interview, your spouse will need to advise them of any changes in circumstances and changes to information within the forms to ensure they are true and correct at time of adjudication and prove that your current income still meets the requirements for sponsorship e.g. >125% of poverty line.. she’ll need to take additional evidence to support this information and it may place you in AP longer due to their need to now review this information. 

 

something else to consider is that while this flip/flop employment and living out of the country might help you to see your wife and reduce the amount of separation, it also demonstrate a lack of reliable employment and possible domicile issues, something that could negatively impact your ability to sponsor your spouse..

 

personally I think a solid employment history with a reliable employer along with unquestionable domicile is the best option here.. unfortunately separation is one of the downsides of CR1/IR1 something we all have to deal with, but it’s worth it in the long run. 

We can't afford for my wife to move now or else she will lose her Canadian PR. Would moving one month before the interview not be enough? Have you ever seen CO have issues with anyone's domicile if the have actually moved a month before the interview?

[aaron2020 11,651]

13 minutes ago, darth vader said:

We can't afford for my wife to move now or else she will lose her Canadian PR. Would moving one month before the interview not be enough? Have you ever seen CO have issues with anyone's domicile if the have actually moved a month before the interview?

This is a new wrinkle that you've just disclosed.  

 

Is your wife the US citizen?  Is she living with you in Canada as a Canadian PR?  Why does losing her Canadian PR a problem when you guys are going to move to the US?  Is the reason you don't want to live separately is because you can't afford to live in Canada and her living in the US?  

If you want her to live with you in Canada and move one month before your visa interview, then you may need a Joint Sponsor.

Edited March 8, 2021 by aaron2020

[darth vader 133]

33 minutes ago, aaron2020 said:

This is a new wrinkle that you've just disclosed.  

 

Is your wife the US citizen?  Is she living with you in Canada as a Canadian PR?  Why does losing her Canadian PR a problem when you guys are going to move to the US?  Is the reason you don't want to live separately is because you can't afford to live in Canada and her living in the US?  

If you want her to live with you in Canada and move one month before your visa interview, then you may need a Joint Sponsor.

We are both Canadian PR. I am not a Canadian citizen, neither is my U.S.C. wife. Hence, we are trying to have my wife get a U.S. job before NVC stage but only physically move to the U.S. a month before the interview. I have been on Canadian sub-forum and what you are saying doesn't seem right. Why would CO ask for co-sponsor when my wife would have a U.S. job (for several months at the time of the interview), and would have physically moved to the U.S. a month before the interview?

[pushbrk 13,148]

It's quite possible the "professionals" he is consulting know more about the couple's finances than he is disclosing here publicly.  The OP has members second guessing hypotheticals with less than complete information. It's a fool's exercise.

[aaron2020 11,651]

11 minutes ago, darth vader said:

We are both Canadian PR. I am not a Canadian citizen, neither is my U.S.C. wife. Hence, we are trying to have my wife get a U.S. job before NVC stage but only physically move to the U.S. a month before the interview. I have been on Canadian sub-forum and what you are saying doesn't seem right. Why would CO ask for co-sponsor when my wife would have a U.S. job (for several months at the time of the interview), and would have physically moved to the U.S. a month before the interview?

You don't seem to understand what the I-864 requires.   

 

Good luck. 

[darth vader 133]

32 minutes ago, aaron2020 said:

You don't seem to understand what the I-864 requires.   

 

Good luck. 

I have read i-864 instr several times over. I am very lost about your argument - i-864 asks for U.S. petitioner to prove one of the three things:

 

1. That they are domiciled in the U.S.

2. They their presence abroad is temporary (e.g. student abroad, working for U.S. employer such as DOS, military etc.)

3. That they, in good faith, intend to re-establish domicile, no later than date the immigrant would enter U.S.

 

We check of #3 above, like countless other petitioners living in Canada do. You seem to be suggesting otherwise, are you able to explain why?

[aaron2020 11,651]

7 minutes ago, darth vader said:

I have read i-864 instr several times over. I am very lost about your argument - i-864 asks for U.S. petitioner to prove one of the three things:

 

1. That they are domiciled in the U.S.

2. They their presence abroad is temporary (e.g. student abroad, working for U.S. employer such as DOS, military etc.)

3. That they, in good faith, intend to re-establish domicile, no later than date the immigrant would enter U.S.

 

We check of #3 above, like countless other petitioners living in Canada do. You seem to be suggesting otherwise, are you able to explain why?

Not talking about the domicile issue.  As long as your wife moves to the US before your interview and has documents to prove it, then it's fine if she moves back a month ahead.

You're missing the totality of circumstances to determine whether the US income is sufficient.  Your original question.  You want your wife to be an independent contractor in Canada, then you need to show a US tax return with that income.  

Being advised by "multiple immigration attorneys" not to "preemptively file a JS with the NVC is just ludicrous.  The system allows it and many people have done it and successfully gotten their visas.  

Edited March 9, 2021 by aaron2020