Stuck at petition

[Hopefulwaiting]

Hi guys. Somebody please help us. My American fiance was about to file for the K1 petition, when yesterday we got a bad news about his job. His company laid off 100 employees and he was one of them. So now he has to do his biometric data form G325A all over again, with the entry of his new employee. Here's where the problem is. While he was at his previous firm he had already applied for leave in December and first two weeks of Jan to come visit me. So now, no firm would want to hire someone who wants to take leave so soon. So he thinks he should work for this placement service that got him his previous job, it's like a contractor, and mark them on the G325A as his current employees, and then when he goes back from his trip over here, he can take up a proper full time job. My worry is, will a contract type work affect our chances of getting the petition approved? We're really worried as to what to do. Please suggest us something workable. He's already visited me oncein the month of May when we got formally engaged in the midst of our family and friends. Should we go ahead with the petition like that or should we wait until after his trip to file the forms? Thank you. Please help us!

[nichole]

They won't be so concerned with who he works for but how much money he made in the year 2008, so I don't think the name of a contractor agency is a big issue. I say 2008 because by the time he does the Affidavit of Support for your interview, 2008 will probably be the most recent tax return they will want to see. If he will have enough income, even with losing the job and missing all of December by taking off, then it's probably fine. It won't be until interview time that he has to provide his income, so if he may have a new job by then, even if he contracts now. Here is the chart for income. He has to make 125% of the poverty guidelines. http://www.uscis.gov/files/form/I-864P.pdf

The biographical form he does first G325A is more about reporting where he's lived and worked. Working for a contractor is not what they judge approving the I129F petition on. They judge it on whether he is a US citizen, free to marry, has met you in person, and is in a real relationship with you. So if those things are true, then filing now seems fine.

But looking at it another way, if he has only met you in person one time and got engaged to you at the first meeting, then they might look at the real relationship part more closely than they would for someone else. If he visits again in December, then you file, there is a second meeting to report which is good, but not a requirement.

Either way you decide to file, by the time you go for an interview, you will have met in person twice which adds to you having a believeable relationship. If he files now, you're that much farther along toward the months it's going to take to get the visa.

[Hopefulwaiting]

Oh my gosh! you are soooo good! God thank you. I mean you totally made my nerves calm. Yes ours is very much a genuine relationship and that's the reason we didn't want to take any chances with miniscule mistakes. He was making over $23,000 per year (including taxes), and that satisfies the poverty guidelines.

I gave thought to the 2 visit part that you mentioned. But then I thought that could be useful for me in my interview over here in Mumbai. Oops I forgot to mention in my first post where I am from. Anyway, from what you said, we don't have much to worry about and we can go ahead with the trip plans and still file now and mention his temporary work and then after his trip he can take the full time job.

Hmm, I just remembered that he's been working for the past 2 and a 1/2 years. Do we have an issue there? because it says something about having 3 yrs' tax papers right? The A.O.S that is.

Nichole, thanks a million for taking the time to reply to my post. You really did me good and I don't have a head ache anymore. I can get paranoid of little things. But yes, thank you and Congratulations!


P.S.: More replies from anyone always welcome.

[nichole]

When you file for AOS, they want proof of current income. The rules say the latest tax return, so that would be 2008 tax year probably for you. They say you can include the 3 most recent tax returns if you think it helps establish your income. (2006, 2007, 2008) AOS uses Affidavit of Support I-864. K1 visa uses Affidavit of Support I-134 (but not til the interview.) The rule about latest one tax return applies to both. It is a change from when they used to require 3 years.

If somebody has failed to file a tax return, like had income but didn't file, they have to file even if it's late and show that return.

If somebody didn't file because they were a student for example, and weren't required to file because of not having enough income, then they can include a statement explaining why they have no tax return for that year. "I was a full time college student and only earned $1000 in tax year 2007 and was not required to file a return."

So your husband to be will probably have returns for 2006-2008, but if his income for 2008 is good, then that's the only one he has to send (along with his W-2 forms) to show his income. If he had a good income for previous years, he might want to do those years too.