please help, I lost job and wife's USCIS interview is in 3 days.

T

timmy_d11

Registered Users (C)
My wife is from Colombia and we have been together for over 3 years, married for 10 months.

I met her while she was on a Visa overstay.

I don't expect that to be a problem now.

We have a paralegal and have prepared all of the required documents.

The problem is that our interview with the USCIS ("permanent residence or adjust status") is this Wednesday, and I lost my job a little over 2 weeks ago.

I am now receiving unemployment insurance. I have already been on a few job interviews that seemed to go well and I expect to be working again shortly.

Ironically I received my job letter the week before I lost my job and some have suggested to just play it as though I am still working there.

But I consider myself an honest person AND afraid of the government and the consequences that could come down on me if I am dishonest, the least of which would be my wife being declined / disapproved, so I'd rather not go that route.

But she is FREAKING OUT and I am afraid that she will LOSE IT if she gets disapproved or postponed - she hasn't seen her family, particularly her 11 y/o daughter in nearly 4 years.

I need her to keep it together emotionally no matter what happens.

We have been through an awful lot together, especially with this whole entire process and it would be a HUGE bummer to get postponed or disapproved for losing my job - financially we will make it somehow.

So my question is:

a) What do you suggest I do or say?

and

b) Is it possible that we could get disapproved because I lost my job recently?

I really want to be honest about everything but I really don't want to get burned because of it - especially after losing my job.

We have to bring my tax returns for the last 3 years anyway, which show that I have consistently earned $35,000 each year, even while being unemployed here and there.

Any and all advice would be tremendously appreciated.
 
Glorya, thanks but I need facts.

That guy got approved in February and waited until October to let us know?!

Also, it seemed that he and his wife lucked out and got an interviewer that did not care to make it tough for him at all.

From the sound of it the guy only asked him for his and his wife's passports and asked him about his criminal record and that was the end of that. He seemed more interested in being playful and small talk about their coats!

The guy started the thread saying that he was worried and concerned that his wife lost her job a month before his interview, but when all was said and done he didn't even mention if the interviewer asked about her job and/or if they were let off the hook / given a pass despite the fact his wife did not have a job.

Did he ask her if she was still employed?

If not was she just lucky?

What would have happened if he did ask her (in the case that he did not ask her)?

Can I assume that I won't be asked?

Can I assume that if they do ask they will not care that I lost my job and approve us anyway?
 
Timmy,

I really appreciate your honesty. If everyone in this country was like you, then there would be no need for immigration interviews, IRS audits etc etc.

To be honest, I think the fact that you lost your job could be a problem if the IO asks.
Besides the last tax return, you're required to provide proof of current employment.
The only, and obvious, suggestion I could give you is to try to get a joint sponsor. That way you're 100% ok.

And be honest, but don't volunteer information. If the IO doesn't ask you about it, don't jump up and say that you're unemployed.
If the IO asks though, don't lie. I think he/she will appreciate your honesty.
 
NeShawn said:
The Need For Immigration Interviews Or Irs Audits Are Not Based On 'honesty" Although Honesty Is The Best Policy. It Is Based On Rules And Regulations And Requirements. The Interviews Are To Verify The Facts Given In Any Case. Interviews Are Conducted To See If Each Person Is Elgible For What Is Being Offered. That Each Person Has Meet The Requirements And Filed The Necessary Paperwork And Meet The Requirements. So Honesty Has Its Proper Sphere But It Is Not The Purpose For Interviews And Audits. The Interviews And Audits Confirm What Is On Paper!!!!!!!

It Is Honesty Wrong To Judge A Person By The Color Of Their Skin Or By The Country They Come From. It Is Honestly Wrong To Deny A Person A Right To Citizenship Because They Are Temporarily Employed At The Time Uscis Decides To Complete Their Work. Honesty Has Two Sides. The Receiver And The Giver. So In My Opinion, To Deny Them Because He Momentarily Is Unemployed But Meet The Guidelines And Requirements Set By The Uscis, Why Should They Be In Danger Of Not Being Approved?

That Is Just My "honest" Opinion. Honesty And The Law Don't Always Equal Up You Know. Tis The Crazy World We Live In. But We All Strive To Be The Best We Can No Matter What And Then We Pray That God Almighty Will Avail Us. Soon!!!!!!!! Have Faith In The Process!!!!
Click to expand...

God Almighty has nothing to do with it.
And you have to be currently employed.
So my suggestion is to save time from prayers and find a joint sponsor.
 
NeShawn said:
Oh really! God has everything to do with it!!!

I distinctly remember the instructions saying that if sponsor meet the guidelines and are not currently employed because i was asking my sister to sponsor me cause she is a social worker making good money but she was not working because of cancer and I was told that she still could sponsor so was I told wrong or does that only apply if the sponsor is not the petitioner????

O YE OF LITTLE FAITH
Click to expand...

Well, what can I say? On your way to church, synagogue/mosque read again the requirements. God willing (or not) you will find that proof of current employment is required.
 
NeShawn said:
For example, what about the case where the interviewer held the couples application 2 weeks since it was so close to their 2-year marriage requirement for permanent residence. He chose to do that so they wouldn't have to come back in 3 weeks to remove the condition? Was he being dishonest because of the fact that a few days made all the difference in the world?? I mean he allowed for the overlapp. Hmmmmm................
Click to expand...

You're confused and certainly need to review USCIS forms.
In that case (Addie Goodvibes if I remember well), the IO has been kind.
However, the OP would have had to come back in 2 years, not in 3 weeks.
Conditional residency is given to immigrants who have been married for less than 2 years, not for the first two years of the marriage.
If you are given conditional residency one day before your 2-year anniversay, then you have to wait other 2 years to be able to remove it.
 
NeShawn said:
Bizzare.... :eek: No I am saying 3 days before interview a man loses his job and now he doesn't want to lose his wife because of it. What would you do?
Click to expand...

Get a joint sponsor.
I have a job, very good income. My wife, the sponsor, is in law school.
I got a joint sponsor because the I-864 instructions clearly say that besides income (which my wife didn't meet for the previous 3 years being in school) the sponsor has to show proof of current employment.
All I did was attaching a school ID for my wife and have my father in law as joint sponsor.
 
NeShawn said:
that was a mistype. I put 2 years but changed it to get your response. ha ha :D Just messing with you. I knew i could pull your trigger. :p
Click to expand...

You put 3 weeks.
Anyways....what are you? 12 years old?
 
Alright I'm sorry, too much back and forth and back and forth - I need a straight answer.

The only person that I can think of being a joint co-sponsor would be my father, but he is an older man under enough stress with quite a bit on his plate financially.

Is there a good chance I could walk in there and be honest about losing my job VERY RECENTLY (after being asked about it of course) and have everything else perfect and they will aprove us?

Or not?
 
I think someone else posted the same issue couple of days ago and they were approved... Check the previous threads and u'll find the answer. Good luck!
 
Timmy

I found this on the internet. The situation is a little different but it might shed some light as to how to go about doing what you need to do.

Q&A 1.

Where Petitioner Loses Job – Effect on I-864 Affidavit of Support
Liu Reader asks:

I am an U.S. citizen and applied I-130 and I-485 for my mother. I provided my job (wage) to sponsor her. However, during the pending period, I lost my job and income. I estimated that by the time of her green card interview, I would not be able to provide a new job letter. Will my mother’s case be put in pending status until I find a new job? Can I use my bank deposit to sponsor her?


Dear reader:

You are allowed to have a co-sponsor give the financial support for your mother in the event that you are not able to provide convincing evidence of the ability to support her. The co-sponsor is jointly and severally liable with you for the support of your mother. Such obligation exists until the time that your mother becomes a citizen, leaves the U.S. permanently, passes away, or has earned 40 quarters of income in the U.S.. In the event that you are not able to find a bonafide co-sponsor, you can attempt to explain your financial situation to the examiner at the time of interview if your mother is requested to interview for her permanent residence. (Parents of U.S. citizens are many times exempted from the need for interview). A sympathetic examiner may approve your mother's case if convinced that your present lack of a job is temporary and that you are otherwise well capable of supporting your mother in the country. An examiner may also give you an a request for additional information within a certain period of time to provide further evidence of financial support. If you are able to obtain a new position or financial co-sponsor, that could satisfy an examiner's request. There is also the possibility that your mother's case may be denied at the time of interview if an examiner does not believe that you have presented sufficient evidence of financial ability to support your mother. Unless bank deposits are of a large size, they would generally not be sufficient to support a parent since the support papers must show enough to support for a five-year period of time. In addition, financial support for parents who may be retired or elderly may be scrutinized more by an immigration examiner than papers for persons who are healthy and of working age.

Q&A 2.
 
Also here is a similar situation posted on this forum



candyattitude
Registered User Join Date: Mar 2006
Location: New York, NY
Posts: 103

thanks addie,

yeah we had the interview today. we used assets b/c my husband is not working right now b/c he is studying in china, and although it was way above what they are asking for, she said she will get back to me on that.
the interview was really really nice. the officer was extremely friendly. first she just said where did you get married, who was your witness, do you have any photos, then i showed her this scrapbook i had done about all the things we've done over the years, and after that she was just so relaxed and friendly. she just said do you have this paper, and this paper.....and then she was talking abt some discovery channel documentary about china, and asked my husband to say something in chinese.
it was really fast, in the end she said everything is good but she'll get back to me on the assets. so i said "so that's the only problem" and she was like "it's not a problem, just a question'. what sucks is that she said i'll get a decision in 3 to 6 months. i asked her abt getting an AP b/c i wanted to go to china in dec to visit, but she said not to leave until i get this done and that they do send the letter earlier than 3 months (she said this like twice). basically there was no pressure, not much questions asked, more like a general conversation.
i couldn't have asked for a better interview!!! the only thing is that i have to wait for the decision. she said she was going to talk to her supervisor and would call if she thinks i need to get a joint sponsor, otherwise i'll just have to wait for the decision letter. well i'm really happy this stress is over. i got a lot of ideas from this forum, especially how to organize the documents and i'm sure that the officer was impressed. afterall less work for them!
__________________
F-1 married to USC
DO: NYC
06/12/06: I-485, I-130 and I-765 sent to Chicago lockbox via USPS: Priority Mail
06/14/06: package received by USCIS
06/21/06: Notice Date for I-130, I-485, I-765
06/22/06: checks cashed
07/12/06: ND for ASC code 2 and code 3
07/24/06: FP appt
07/21/06: FP done
08/24/06: EAD approved online
08/29/06: EAD card received
09/07/06: interview letter received
10/19/06: INTERVIEW
10/19/06: great interview! waiting for decision in the mail...
 
Hey Neshawn, I don't have any assets really.

Also, do most people get approved the day of the interview or do most have to wait for some time after?

I'm just hoping this works out for us - it's a HUGE burden on our relationship - my wife is bouncing off the walls and I am ready to just shoot myself.

I understand though - it's as though she is in prison right now - she is not simply free to go visit her daughter that is in the process of growing up without her.

But seriously, this is too much for us and I know that they want proof that we have a real relationship / marriage - which we do - but the stress is enough to take the life out of the relationship and there may not be much more of one if this is prolonged.
 
That I understand because of what me and my spouse are going through. It will be alright. Yes some get the word that they are approved when the interview is finished. Some have to provide more info and upon receipt of that it is approved. Make sure to ask for stamp in passport if they are an office that do that. Where is your appointment location?
 
I am sure you will be approved. Just don't mention you were fired and take bank statements and pay stubs with you. As far as I know, they don't ask questions about your job.
 
Though my wife has received her work authorization card she is not working just yet. We are both looking.
 
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