lost job just before interview

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gohaha

Registered Users (C)
I am USC and sponsoring my wife's GC. We have a scheduled interview in early November, however just got the notice that I will be laid off just one week before the interview. My wife was a student and just received her EAD. On the I-864 form I used my employment for eligibility. My question is, will my employment status negatively impact our interview if I don't have a new job at the date of the interview. Though it's very unlikely that the officer will know I am laid off because I have the pay stub up to November, I don't want to lie if he/she asks anything regarding my job.

1. is there any possibility that they will deny my wife's GC?

2. If I bring a bank statement stating our asset, will that help? What's the reasonable amount of that saving that can prove the eligibility?

Any advice will be appreciated.
 
Exactly what happened to my case - my husband (USC) got laid off 2 weeks before the interview.

I asked my aunt to be the joint-sponsor to my case. I believe bank statement doesn't help 'coz when I went to the interview, all the officer care was the tax return form - they have a chart listing of how much minimum the sponsor has to make annually for a household of how many people.
 
well i'm using my bank statements to show assets, as i don't have any joint sponsor and my husband and i are both students. i submitted this with my original i-864 application. do you really think its going to be a problem?
 
princesskate, thank you for your input.
In your case, did the officer ask anything regarding your husband's employment? How did you ask your aunt to be the joint-sponsor? by bringing an I-864 filed by your aunt? If by fiing a new I-864, did the officer check the form?
Thanks again.

princesskate said:
Exactly what happened to my case - my husband (USC) got laid off 2 weeks before the interview.

I asked my aunt to be the joint-sponsor to my case. I believe bank statement doesn't help 'coz when I went to the interview, all the officer care was the tax return form - they have a chart listing of how much minimum the sponsor has to make annually for a household of how many people.
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hi!

I had my AOS interview October 3rd and I was approved for a conditional greencard.

January 2006, my husband got fired from work and was able to get a job July 2006(so it took him 7 months to get a new job).

I had my visa interview March 2006 and my husband(still a fiance before), and we brought an affidavit of support from a co-sponsor, but the interviewer told us that it's not necessary to have a co-sponsor as long as the total income last year is equal or more than the poverty guideline ($16,500). I was approved for a US visa and came here same month(March 2006).

I had my AOS interview October 3rd, and again, we passed an affidavit of support(I-864a) from our co-sponsor, but during the interview, the Immigration Officer told us that they will disregard the affidavit of support of our co-sponsor because my husband met the minimum income(poverty guideline) for the 2 of us, and approved the greencard. :)
 
gohaha said:
In your case, did the officer ask anything regarding your husband's employment?
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Yes. That's why he needed our I-864 from our joint-sponsor.

gohaha said:
How did you ask your aunt to be the joint-sponsor? by bringing an I-864 filed by your aunt? If by fiing a new I-864, did the officer check the form?
Thanks again.
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My aunt filled out a new I-864 form for us (it needs to be notarized) and we brought it to the interview. The officer checked how much money my aunt made last year, how large her household was, then he went through his chart to check if it's above the poverty line.

We had our joint bank statement submitted but the officer just didn't seem to care.

You may prepare another I-864 from a joint-sponsor and bring it to the interview, just in case the officer asks you regarding your employment status. If the officer doesn't ask, you don't have to show him.
 
so princesskate, the officer didn't even bother to look at the bank statement? that worries me a bit b/c that's all i'm going to show. we don't have a joint sponsor, and i don't think its possible for us to get one.
 
I thought the joint bank statement was just verifying that the marriage is legitimate and the amount in one's bank account doesn't make any difference? In reference to the I-864, isn't it as long as the last year or last 3 years the person who completed affidavit of support income met the guidelines? I mean, if all the information about income was submitted at filing, why would there be a problem if one got laid off? I am just asking to find out what is really needed in case my situation changes.
 
We're in almost exactly the same situation as candyattitude -- we're both students, and so don't qualify on the income front, and we too are showing assets in our bank account (considerably over the required amount). I was expecting an RFE for this, but since we got our interview notice, I'm thinking this shouldn't be a problem. A good friend of mine has offered to be our joint sponsor, so I'm wondering if I should take him up on it, and take a new I-864/864A to the interview. Any thoughts? Right now I'm thinking better safe than sorry. On the other hand, my friend is super-busy right now with a new job and a baby on the way, so I don't really want to complicate his life any more.

Thanks.
 
candyattitude said:
so princesskate, the officer didn't even bother to look at the bank statement? that worries me a bit b/c that's all i'm going to show. we don't have a joint sponsor, and i don't think its possible for us to get one.
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The officier did take a look at the statements but he just checked whether both of our names are on the statement. After all he still needed our joint-sponsor's tax return to check if it's above the poverty guildline.
 
well the joint bank statement can be used for both. its very important for joint proof of living and bona fide marriage blah blah, but in my case and also in sudhany's we used it as assets. i showed a lot more than what i calculated the minimum assets to be. and i didn't get an RFE either. i asked one of my friends to be my sponsor but she bailed out at the last min. you could try asking your friend. unfortunately for me there is no one else i can get to be a joint sponsor. and my husband is in china on a scholarship so he's not working right now.

i was reading the updated i-864 and the form has changed. they are now asking to calculate yearly income when before you could just put in the hourly rate. i have no either how to calculate that for my husband now. and i don't know if the value of the assets has suddenly changed (i.e. i have to show more). before it used to be based on the taxes.

also, i read somewhere on the forum that now you had to show 3X the (difference of the poverty line-income tax).....is this true??? the form instructions still say 5X. anyone know anything about this????
 
candyattitude--

It is 3x the difference between the annual income and 125% of the poverty line when one is sponsoring one's spouse or one's minor child. USCIS came out with a notice about this two or three months ago. The I-864 instructions on the fillable pdf on the USCIS website also mention this. (See #29.) By the way, it is 5x the difference in all other cases.
 
hey sudhany thanks for the info. it's good news for me!!! i was soo stressed right now b/c i thought it was 5x. do you know where i can locate the notice by USCIS??
 
Thanks for all you guys help.
guess preparing a new I-864 with my assets is the easiest way to go. 3X the poverty line is not too difficult to meet if you can combine all the assets from your family and friends.
 
My lawyer told me, bring extra document! If you are not sure your annual income meets the figure or not, just bring extra. Hold it in your hand, don't give it to immigration officer until he/she asked.
 
I'm having a problem too. My interview is on 10/17/06. Our tax return 2002-2005(4 yrs) there's one year didn't meet the 125% of the poverty line. It's 2004, because my husband got laid off and didn't find a job on time. Our 2004 tax reture year only had like 60% of the 125% of the poverty line (because only myself working at that time),questions:

1. Is that will be a problem?

2. How many years do they need for the tax return?


3. What's the $ standard for the immigration officer to approve the case?

4. Anyone got any experience?

Thank you very much for your sharing!!!
 
i just printed out a new i-864 and am going to show 3x the difference. i hope that that is enough. nyc326 the new notice says they take into consideration the last three years but they are mostly concerned about the last year (2005). so if your above $16,500 then your good. take all 3 years tax returns though.
 
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