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My husband got laid off, does that affect the sponsorship?

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  • My husband got laid off, does that affect the sponsorship?

    I filed my adjustment of status last March and currently waiting for interview arranged. My husband, who is my sole sponsor, just got laid off the end of last month and is considering applying for unemployment benefit but I'm reluctant about it. Questions:
    1. Will his unemployment status affect my application? Should he file or not? Does that mean his status will go on the record?

    2. I found some information about getting and joint sponsor since his status will affect affidavit, when should my joint sponsor file the document(given that my interview won't be arranged anytime soon...)? and which document should we file? Do we explain the situation with cover letter?

    3. We are both currently looking for job actively, if I happen to find a job before him, will we need anything I mentioned above?

    It is really a hard time for both of us happened right after our wedding...but we are ready to get back on our feet, thank you in advance anyone for the input, it will really help!

  • #2
    Originally posted by Sharon Yu-Hsuan Wu View Post
    I filed my adjustment of status last March and currently waiting for interview arranged. My husband, who is my sole sponsor, just got laid off the end of last month and is considering applying for unemployment benefit but I'm reluctant about it. Questions:
    1. Will his unemployment status affect my application? Should he file or not? Does that mean his status will go on the record?
    i dont know sorry

    2. I found some information about getting and joint sponsor since his status will affect affidavit, when should my joint sponsor file the document(given that my interview won't be arranged anytime soon...)? and which document should we file? Do we explain the situation with cover letter?
    if im not mistaken you will need form I864A for each joint sponsor.

    3. We are both currently looking for job actively, if I happen to find a job before him, will we need anything I mentioned above?
    You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract Between Sponsor and Household Member . If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.

    It is really a hard time for both of us happened right after our wedding...but we are ready to get back on our feet, thank you in advance anyone for the input, it will really help!
    I'm sorry to hear, i hope you guys find something soon!
    This is my opinion, not legal advice!

    AOS (c9) 2 USC 485/130/131/765
    122017 - PD
    012518 - Biometrics
    033118 - EAD/AP Combo card delivered
    062618 - "Case is Ready to Be Scheduled for An Interview"
    082618 - "we scheduled an interview for your Form I-485"
    090418 - 2nd we scheduled
    091018 - first interview canceled
    092118 - Request to reschedule int
    102318 - Renewal filed EAD/AP
    030819 - EAD/AP Card in hand
    040219 - We canceled your int
    040519 - Int sched
    051419 - Interview
    053119 - approved

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    • #3
      Originally posted by Sharon Yu-Hsuan Wu View Post
      I filed my adjustment of status last March and currently waiting for interview arranged. My husband, who is my sole sponsor, just got laid off the end of last month and is considering applying for unemployment benefit but I'm reluctant about it. Questions:
      1. Will his unemployment status affect my application? Should he file or not? Does that mean his status will go on the record?

      2. I found some information about getting and joint sponsor since his status will affect affidavit, when should my joint sponsor file the document(given that my interview won't be arranged anytime soon...)? and which document should we file? Do we explain the situation with cover letter?

      3. We are both currently looking for job actively, if I happen to find a job before him, will we need anything I mentioned above?

      It is really a hard time for both of us happened right after our wedding...but we are ready to get back on our feet, thank you in advance anyone for the input, it will really help!
      He can (and should) get unemployment benefits if he qualifies for it. There is no reason not to.

      He is currently unemployed, and currenly has 0 income, regardless of whether he gets unemployment benefits or not. It's the fact he has 0 income that might affect your application, and not whether he gets unemployment benefits or not. (And in fact, unemployment benefits might count as income, so he can report some current income while getting unemployment benefits, though it's not enough to satisfy an Affidavit of Support by itself.)

      The change in his employment situation does not by itself invalidate the Affidavit of Support that he signed; it was valid as it was true when he signed it. However, at the interview, they will probably ask whether he is still in his current job, and if not to provide a new Affidavit of Support. If by that time he has a new job, that new job's salary will be his current income then and he can fill out an Affidavit of Support based on that, with an employer letter and pay stubs to prove income.

      If you are working legally in the US, your income can be counted in his household income, and if that's enough to meet the requirements, that's all you need.

      Otherwise, find a joint sponsor by the time of the interview. The joint sponsor needs to fill out a separate I-864, and their household income needs to be sufficient to meet the requirements.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by newacct View Post
        He can (and should) get unemployment benefits if he qualifies for it. There is no reason not to.

        He is currently unemployed, and currenly has 0 income, regardless of whether he gets unemployment benefits or not. It's the fact he has 0 income that might affect your application, and not whether he gets unemployment benefits or not. (And in fact, unemployment benefits might count as income, so he can report some current income while getting unemployment benefits, though it's not enough to satisfy an Affidavit of Support by itself.)

        The change in his employment situation does not by itself invalidate the Affidavit of Support that he signed; it was valid as it was true when he signed it. However, at the interview, they will probably ask whether he is still in his current job, and if not to provide a new Affidavit of Support. If by that time he has a new job, that new job's salary will be his current income then and he can fill out an Affidavit of Support based on that, with an employer letter and pay stubs to prove income.

        If you are working legally in the US, your income can be counted in his household income, and if that's enough to meet the requirements, that's all you need.

        Otherwise, find a joint sponsor by the time of the interview. The joint sponsor needs to fill out a separate I-864, and their household income needs to be sufficient to meet the requirements.

        Thank you very much for the detailed answer! I finally know exactly what we gotta do. Thank you again for the advice!

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