Harley Baldwin

My wife (who entered on a K-1) and I have our AOS Interview in about 10
days, and I have one major concern: I have been unemployed for over a
year (laid-off from job), and have been receiving unemployment benefits
for that time period.

My previous three years' tax forms will show that I DID earn far in
excess of the 125% of poverty level required for the two of us, and even
this years' unemployment checks have added up to a total of over $16K,
well over the $14,925 level required. My wife is still attending school,
and therefore has no income. In fact, we didn't even apply for work
authorization because we thought we'd wait until after the AOS
Interview, and save the expense...

Can I "use" these unemployment benefits as "proof" of income, or am I
better off ONLY showing liquid assets and other savings, which total to
over $85K, again over the required $75K for showing only assets for AOS
sponsorship (approx. $15K x 5= $75K)...

Needless to say, I am nervous (and embarrassed) about this whole
scenario, but more importantly want to avoid ANY appearance of
impropriety that would jeopardize my wife's status.

My last option is to immediately try and get hired at Home Depot or
other such place at the $8-9 hourly rate, and then get a letter of
employment from them prior to the Interview. However, in actuality that
type of job would pay LESS than the monthly unemployment benefits I
receive. I just want to do what will arouse the least "suspicion" on
the part of the INS Examiner.

A Co-sponsor is also an option, but since I DO HAVE the assets
(fortunately) I didn't want to ask my siblings for their help, unless
absolutely necessary...

Thanks in advance for ALL advice!
HB

jeninifer

Don't be embarrassed - I was in your same situation at our interview just 10 days ago. She made no mind of my being unemployed.

I had the AOS filled out by my father already filed.

At the interview, the agent asked for my husband's work information - even though he'd only been working for about 2 months. She gave me back the original AOS and had us complete a new one based on Philip's income.

I would suggest a co-sponsor just to be on the safe side. Better safe than sorry.

Best wishes...

Rete

Forget the embarrassment. I wager anyone of us knows someone in the same boat as you are in. My brother-in-law was let go last February and can't find a job in the telecommunication field. Not because of lack of experience or degree but because of age. And don't let me hear from anyone who says that is against the law. Unless you can prove you were discriminated against because of age, the creek you are up still stinks and you are still paddleless.

Make out a new I-864 listing your unemployment benefits but I urge you to add your assets as well. Why? Because unemployment benefits are limited and will be running out soon. The assets are a much wiser choice to use.

Rete

meauxna

Harley, dude,

Don't Do the Depot! You're surely earning more in UI benefits than you would there. Put your UI income as income and show your assets in an attached schedule. Looks like you're doubly covered to me.

I did my husband's DCF under similar circumstances and am starting to feel like some kind of weird advocate for the unemployed on here. If you read some of my posts on the subject, I always say that each case is judged individually, you will have a chance to make your case in person, and the interviewers are interested in your future abilities. Perhaps include your resume (or bring it along) and be prepared to report on your job search activites, the specialties of your field of work and perhaps your contigency plan (ie deadline of when you'll stop looking in your own field etc).

Harley, I have every confidence in your ability to have a successful interview! Go get 'em!

Jadm

we were in the same situation and went to the AOS interview with my
assets and unemployment recipes, also the required tax returns showing
i had worked, yadda yadda...we were told almost immediatly after she
looked at my documents to get a cosponsor and then she continued our
AOS (yes they can but dont tell you this) for 90 days to give us time
to find a cosponsor and bring/mail in the required cosponsor
paperwork, no they dont require a 2nd interview..just mail the stuff
in or bring it (get copies of course).
US~UK