Applying for green card for spouse

F

flabbyshins

New Member
Hello guys,
I had obtained my employment based green card in the year 2017 after which I traveled to India for marriage. Unfortunately during that period, my client company shut down and I had to be laid off in May 2018. I stayed back in India and returned to the US in November 2018. After returning, I invested my time in business and that didn't do well. I got my new job in the month of May 2019 and have been working since. So as you may see, I was pretty much out of work from May 2018 till May 2019.
I have to file I-130 for my wife. There is a section that requires you to fill in your Employment History. I would like to know if there would be an issue on the application if there are gaps in the employment history. If so, then what would be the best way to approach this?

Any help in this regard will be greatly appreciated.

Thanks
 
Regardless of any potential issues, you have to be truthful about your history on the relevant i-130 petition? That's common sense. The facts, the truth, and nothing else!

The US government is primarily interested in current and future earnings to support an intending immigrant.

If we say there could be issues with the wife's visa due to your employment gap, would you make something up to fill in the gap?
 
Can’t make something up as it wouldn’t be supported by tax returns anyway. Agree that current and future earnings are most important. And the presentation of financial documents only happens near the end of the process which for spouse of a LPR is still a couple of years away, so plenty of time to build up a stable employment record.
 
That's something that throws me off about India applicants.. issues from the past cannot be modified, and there is no alternative to presenting the objective past as it is. I've spent time in India, where greasing palms to alter the past with counterfeit documents is an open secret, but how could something be done with US tax records?

Gaps in employment history are gaps in employment history, and that's what goes on the i130 and i864 either today or couple years from now. No other way to approach this fact.
 
Thanks for all the responses guys. :)
When I had asked about the best way to approach it, I was not asking for a work around. Instead, I was seeking some guidance on the lines of whether I should mention in the form about being unemployed for that period of time or maybe should I provide them with an affidavit stating that I had been "unemployed" and was invested in a business or should I leave out the unemployed phase and mention the time I was employed before that....
As for providing false information, I am a firm believer that if I provide any then it will surely come back to bite me. I'd rather give out the truthful information and have an explanation for that than defend a false one and live with the fear of a backlash. :rolleyes:
 
flabbyshins said:
Thanks for all the responses guys. :)
When I had asked about the best way to approach it, I was not asking for a work around. Instead, I was seeking some guidance on the lines of whether I should mention in the form about being unemployed for that period of time or maybe should I provide them with an affidavit stating that I had been "unemployed" and was invested in a business or should I leave out the unemployed phase and mention the time I was employed before that....
Click to expand...

We can't tell you what to fill in a form, go with what you understand to be the best description of your time. Out of work with no income sounds unemployed to me in layman terms. From your first post.. So as you may see, I was pretty much out of work from May 2018 till May 2019.
 
flabbyshins said:
Thanks for all the responses guys. :)
When I had asked about the best way to approach it, I was not asking for a work around. Instead, I was seeking some guidance on the lines of whether I should mention in the form about being unemployed for that period of time or maybe should I provide them with an affidavit stating that I had been "unemployed" and was invested in a business or should I leave out the unemployed phase and mention the time I was employed before that....
As for providing false information, I am a firm believer that if I provide any then it will surely come back to bite me. I'd rather give out the truthful information and have an explanation for that than defend a false one and live with the fear of a backlash. :rolleyes:
Click to expand...
You can’t just leave gaps! For the period you were unemployed, write ‘unemployed”. They’re not interested in meaningless affidavits either - the mere fact of signing the I-130 is swearing to the truth. From the instructions:

If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-130, we will deny your Form I-130 and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.
By signing this petition, you have stated under penalty of perjury (28 U.S.C. section 1746) that all information and documentation submitted with this petition are complete, true, and correct. You also authorize the release of any information from your records that USCIS may need to determine your eligibility for the immigration benefit you are seeking and consent to USCIS verifying such information.
 
I need some clarification on this one please...
I have a 5 month old son and he qualifies as a 'derivative beneficiary' due to which I do not have to file separate I-130s for both my wife and son.
Do I need to fill in his information in Part.9 (the extra space in the last page of the form) just like I did for the 'Information About Beneficiary' part for my wife? Or just having his name in the 'About the beneficiary's family' part enough?
 
Before someone rejects my 'direct beneficiary' statement -
A US citizen needs to file separate petitions for spouse and child but not a lawful permanent resident.
Please refer to the below statements given in Page 1 & 2 of Instructions for Form I-130 (PDF, 254 KB) on the USCIS website uscis.gov/i-130

2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:
A. Your spouse;
B. Your unmarried child under 21 years of age; and
C. Your unmarried son or daughter 21 years of age or older

5. If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition.
 
flabbyshins said:
I need some clarification on this one please...
I have a 5 month old son and he qualifies as a 'derivative beneficiary' due to which I do not have to file separate I-130s for both my wife and son.
Do I need to fill in his information in Part.9 (the extra space in the last page of the form) just like I did for the 'Information About Beneficiary' part for my wife? Or just having his name in the 'About the beneficiary's family' part enough?
Click to expand...
Just listing them in the beneficiary's family is enough.
 
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