Current/Future income question.

[Macguffins 0]

Backstory:

 

Hello all. I am an American citizen living currently in Poland where I met my wonderful wife, who is Persian and an Iranian citizen. I have been here since June of 2023 and I am still waiting on a temporary residence application that could take years. My wife has been waiting on the same, for even longer. We started our relationship online for two months before I moved here, and then dated for about 6 months before moving in together. It has been great, I feel a perfect fit for each other. We got married through Utah, as many others I saw recommendations for this on this site, so thanks for that.

 

Our current financial situation. I bring in about $1716 a month from VA disability as a disabled veteran, it goes decently far here with the exchange rate, but I also have a car back in the US that I am still paying for that eats up a good chunk of it with insurance. This amount will go up to $1862 a month with one dependent. It is tax free due to being the result of happening in combat. I am also in college for Teaching English as a Second Language through the VA and get a bit of income from that when the credit hours are suitable for it. She works at a preschool here as a teacher, she has a general psychology degree as well. 

 

I know that USCIS views VA disability differently. I am not 100% disabled, and my paperwork does not say permanent and total, however, I am past the 5 year mark and the way that works is the VA will never reevaluate you unless you show a huge improvement in your disabilities, so in a way it is permanent unless I get better, I can't really say whether that is likely or not. However, I have seen that it is possible to use this income as support by showing the award letter and monthly bank statements. With one dependent the total income is around 22.5k a year. Leaving me 3k+ short.  

 

My question: A good friend's father owns a machine shop that makes parts for airplanes, I believe even with some government contracts. Anyway, he would be willing to employ me. How far out can an offer of employment letter be before USCIS doesn't take it seriously? For example, if I were to get him to write me the offer of employment letter now and make it valid for 1 year or even longer, would that be sufficient? Would it be possible to maybe have it updated for her interview to show that it is still a valid offer and that it has even been updated to the current date? The pay would likely be $17 an hour to start and easily make up that 3k or even be close on its own to covering the sponsor support amount.

 

Since we both are living in Poland and she has no choice but to remain here until she is approved or denied we are trying to not be away from each other. Once I graduate college I can work here in Poland without a work permit, however, since neither of us will be keeping these jobs when we move to the US, this income can't be used. 

 

Thank you to anyone who provides advice. 

 

Note: I have options for joint sponsors, but honestly, I would rather avoid having to ask for  help if I can.

Edited April 9 by Macguffins

[Redro 4,611]

Any employment you have should be in the US. A job offer letter at NVC stage might suffice. Joint sponsor would be the easiest option to be honest though. 
How often are you going back to the US? 
@Crazy Cat might be able to give more info about the disability.But IIRC you just submit your benefits letter as proof of income. 
ETA: You can use the difference you need to make up in savings. If you cannot secure employment in the US. Maybe 12-15k in savings? 

Edited April 9 by Redro

[Macguffins 0]

17 minutes ago, Redro said:

Any employment you have should be in the US. A job offer letter at NVC stage might suffice. Joint sponsor would be the easiest option to be honest though. 
How often are you going back to the US? 
@Crazy Cat might be able to give more info about the disability.But IIRC you just submit your benefits letter as proof of income. 
ETA: You can use the difference you need to make up in savings. If you cannot secure employment in the US. Maybe 12-15k in savings? 

Would USCIS reject the application if I didn't have current employment or an offer? How do I get it to the NVC stage without it, if possible?

 

Savings are tough. Salaries in Poland are very low in USD and right now doesn't offer much room for it. We are open to us being separated for 6 months and lower, so I can go back in about a year, but we'd like to apply end of this month or early May.

[Redro 4,611]

35 minutes ago, Macguffins said:

Would USCIS reject the application if I didn't have current employment or an offer? How do I get it to the NVC stage without it, if possible?

 

Savings are tough. Salaries in Poland are very low in USD and right now doesn't offer much room for it. We are open to us being separated for 6 months and lower, so I can go back in about a year, but we'd like to apply end of this month or early May.

You would only need the job offer at NVC stage. It could also serve as proof of intent to re-establish domicile. 
Do you have an I130/I130a on file? You don’t need to wait for an employment offer from a friend UNLESS you want to try DCF through Warsaw. 

[Macguffins 0]

22 minutes ago, Redro said:

You would only need the job offer at NVC stage. It could also serve as proof of intent to re-establish domicile. 
Do you have an I130/I130a on file? You don’t need to wait for an employment offer from a friend UNLESS you want to try DCF through Warsaw. 

We don't have anything on file yet. We planned to get all of the paperwork and evidence done over the course of this month, maybe a bit more.

 

I was under the impression I would need to send current income documents right away. I can send my VA disability evidence, but since I am not working in US or Poland I don't have employment. By the sound of it, I would need to prove current income or financial stability plan during NVC stage, is that right?

[Redro 4,611]

33 minutes ago, Macguffins said:

We don't have anything on file yet. We planned to get all of the paperwork and evidence done over the course of this month, maybe a bit more.

 

I was under the impression I would need to send current income documents right away. I can send my VA disability evidence, but since I am not working in US or Poland I don't have employment. By the sound of it, I would need to prove current income or financial stability plan during NVC stage, is that right?

Correct. At this stage you need to file I130 and I130a with supporting marital evidence. 
That’s all you need at this stage. 
You will then wait about a year before you get to the next stage at NVC. 
Financial evidence is for the I864 and that is at NVC. 

Edited April 9 by Redro

[Macguffins 0]

17 minutes ago, Redro said:

Correct. At this stage you need to file I130 and I130a with supporting marital evidence. 
That’s all you need at this stage. 
You will then wait about a year before you get to the next stage at NVC. 
Financial evidence is for the I864 and that is at NVC. 

Amazing. Thank you so much for this info. That is exactly what I was needing. I think I can make this work now. 

 

Have a great day, thanks again.

 

I will leave the thread up in the case someone else ever needs the same info.

[SalishSea 17,874]

3 hours ago, Macguffins said:

Would USCIS reject the application if I didn't have current employment or an offer? How do I get it to the NVC stage without it, if possible?

 

Savings are tough. Salaries in Poland are very low in USD and right now doesn't offer much room for it. We are open to us being separated for 6 months and lower, so I can go back in about a year, but we'd like to apply end of this month or early May.

Your ability to support an immigrant is based on current income, not employment offers.

[Macguffins 0]

2 hours ago, SalishSea said:

Your ability to support an immigrant is based on current income, not employment offers.

Whether you are correct or the person above is, I should be able to make it work. We were always open to 6 months give or take apart, so if I have to leave shortly before NVC phase to start the job instead, then I will.

[Redro 4,611]

1 hour ago, Macguffins said:

Whether you are correct or the person above is, I should be able to make it work. We were always open to 6 months give or take apart, so if I have to leave shortly before NVC phase to start the job instead, then I will.

I said it might suffice not that it will…

You might have to move to the US before your wife interviews… I believe common advice on this thread is to have 3 months worth of paystubs at NVC and/or interview stage. 
Job offer serves two purposes: 1) it shows you have made moves to return to the US 2.) it shows you are able to make enough to support your spouse.

 

If you do not want to be separated from your spouse during this process AND you don’t have sufficient savings I recommend you get a joint sponsor. 

[pushbrk 12,914]

3 hours ago, Macguffins said:

Whether you are correct or the person above is, I should be able to make it work. We were always open to 6 months give or take apart, so if I have to leave shortly before NVC phase to start the job instead, then I will.

That would be the solution.  It is NOT correct that a job offer will carry the day on this.  File the petition.  You will state your employment status, but it is not a criteria for petition approval.  In about a year, but before the petition is approved, would be the best time to return to the USA and go to work.  Returning after the petition is approved is also OK, but that will delay the process, as you will not be able to get into the interview queue until your affidavit of support is submitted and accepted.  You need at least one pay stub for a full pay period to document your new current income at that time.

[Macguffins 0]

On 4/9/2024 at 10:48 PM, pushbrk said:

That would be the solution.  It is NOT correct that a job offer will carry the day on this.  File the petition.  You will state your employment status, but it is not a criteria for petition approval.  In about a year, but before the petition is approved, would be the best time to return to the USA and go to work.  Returning after the petition is approved is also OK, but that will delay the process, as you will not be able to get into the interview queue until your affidavit of support is submitted and accepted.  You need at least one pay stub for a full pay period to document your new current income at that time.

Thank you for this. So you feel it would be best to file the petition, then in one years time go back to the states to work? We are going to sit down tonight to set a plan so we have a solid idea of what to prepare for. So if we apply end of April early May I would go back home around March-May to start working. 

 

Another question. For the interview, would I then have to travel to Poland to do the interview with her, or would we do separate interviews one in US for me and one in Poland for her?

 

Thanks again!

[Redro 4,611]

1 hour ago, Macguffins said:

Thank you for this. So you feel it would be best to file the petition, then in one years time go back to the states to work? We are going to sit down tonight to set a plan so we have a solid idea of what to prepare for. So if we apply end of April early May I would go back home around March-May to start working. / Yes 

 

Another question. For the interview, would I then have to travel to Poland to do the interview with her, or would we do separate interviews one in US for me and one in Poland for her?

- only she has to go to the interview in Poland. 

Thanks again!

 

[pushbrk 12,914]

11 hours ago, Macguffins said:

Thank you for this. So you feel it would be best to file the petition, then in one years time go back to the states to work? We are going to sit down tonight to set a plan so we have a solid idea of what to prepare for. So if we apply end of April early May I would go back home around March-May to start working. 

 

Another question. For the interview, would I then have to travel to Poland to do the interview with her, or would we do separate interviews one in US for me and one in Poland for her?

 

Thanks again!

The interview is for the visa applicant only.  In most cases, you are not allowed in the room.  In some cases, not allowed in the building.  You can always go back sooner and start working, but you will need to be working long enough to get a paycheck for a full pay period, before filing the affidavit of support.  The case will not make progress through NVC without it.