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Follow To Join : Employment & Stay.

Discussion in 'Consular processing' started by nmadvan, Feb 9, 2016.

  1. nmadvan

    nmadvan New Member

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    Hello Mr.Ron,

    I'm an LPR, applied I824 (Follow-to-join) for my wife. It's approved, case completed at NVC and waiting for my priority date to become current to get an interview. My PD (EB2 - India, 4/15/09) may become current sometimes in about 4 to 6 months. Looking for your advise on the below.

    When my wife attends the interview, can I be in the state of "unemployed"? I'm thinking to quit my job and go India to stay there for about 6 months with my family until she gets the IV interview. I have fair amount of balance/stock to show in I134 that I'm above poverty line. Would this be acceptable? Or Should I be in some job in US since it's "employment based" follow-to-join?

    Thanks for your help.
     
  2. Kevin Kurian

    Kevin Kurian Attorney at Law

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    Hypothetically, whenever any sponsor files an I-134 Affidavit of Support on behalf of a dependent beneficiary, they are in effect signing a contract with the federal government. This contract ensures the federal government that the beneficiary will not become a public charge (dependent upon government benefits) at any time during their stay in the United States. It should be noted that the instructions for Form I-134 indicate that an employment letter is among the types of supporting evidence that the USCIS will consider in making their determination as to whether the principal has sufficient income and financial resources to support the beneficiary. If a sponsor is unemployed, not only does that eliminate one type of supporting evidence (the employment letter), it may call into question the sponsor's ability to provide financial support to the dependent beneficiary in the future.
     
    Ron Gotcher likes this.

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