I-130 submitted, now jobless

I

Ionela C

New Member
Hello everyone,

I'll try to be short with our story. I'm married to a US citizen and we have submitted the I-130 form back in December 2014. It got approved and on USCIS webpage is showing: "Case was Received on the 27th of February". Now, the problem is that my husband was made redundant (oil worker, same as me) 2 days ago. When we submitted the I-130 form I wasn't working since I was made redundant at that time as well. So, we are both jobless now.
Is this going to affect the process of me obtaining the residency?

Thank you and regards,
Ionela
 
All they need is your tax returns and W-2 slips. If your tax returns for 2014 are sufficient for sponsorship then just use those.
 
Ionela C said:
Hello everyone,

I'll try to be short with our story. I'm married to a US citizen and we have submitted the I-130 form back in December 2014. It got approved and on USCIS webpage is showing: "Case was Received on the 27th of February". Now, the problem is that my husband was made redundant (oil worker, same as me) 2 days ago. When we submitted the I-130 form I wasn't working since I was made redundant at that time as well. So, we are both jobless now.
Is this going to affect the process of me obtaining the residency?

Thank you and regards,
Ionela
Click to expand...
Are you doing Adjustment of Status in the U.S. or Consular Processing outside the U.S.? If doing Adjustment of Status in the U.S., you should have filed I-485 concurrently with I-130 (there is no reason to file them separately). And the I-485 would have required your spouse to file an I-864 Affidavit of Support. If an Affidavit of Support is already filed and it was correct when filed, it remains valid; however, at the interview, the interviewer will probably ask your spouse if he is still working at the same job, etc., and if not will probably require a new Affidavit of Support. So if one of you has gotten a new job with sufficient income by then, great. If not, you may need to find a joint sponsor to also complete an Affidavit of Support. What matters for Affidavit of Support is current (i.e. right now) income, not any past or future income. What you made in 2004 does not matter.

If you are doing Consular Processing and haven't been asked to do Affidavit of Support, then try to get a job or joint sponsor before you have to complete it.
 
Newacct,

We are doing Consular Processing, since we are living in Aberdeen, UK. We haven't been asked to do Affidavit of Support, so we basically have just the I-130 form for processing. At the moment, we are both trying to get a job and hopefully we can find something before we are asked to go for the interview (where I assume they are going to ask us for the AoS ?)
Now that you mentioned about the joint sponsor, we were thinking that if need be we can ask my mother-in-law do be our joint sponsor. Are there any rules/laws prohibiting that? Any idea?

Thank you for your reply! Much appreciated!

Ionela
 
The joint sponsor(s) must be a US citizen or permanent resident, and must live in the United States. I always found sponsorship in consular processing cases to be somewhat awkward, since most likely if you're living abroad you would have to quit your job anyway to move back to the US, so what's the big deal with documenting your current income? But the law is what it is.

Remember that you can use assets to replace income. 3 dollars of assets is equivalent to one dollar of annual income, for spousal sponsorships.
 
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