What happens if you’re sponsoring your fiancé or spouse, and suddenly you lose your job?

Does that mean the visa is automatically denied?

No.

But it can become a serious problem if you don’t deal with it before the visa interview.

Hi, I’m Fred Wahl, the VisaCoach.

And this is especially important now because financial circumstances and public-charge concerns are receiving more attention.

Here’s what you need to know.

First, losing your job does not automatically cancel your petition.

USCIS doesn’t suddenly revoke an approved fiancé or spouse petition simply because the American sponsor became unemployed.

But when your fiancé or spouse gets to the visa stage, the government is going to look at whether there is adequate financial support.

And that’s where losing your job can matter.

For a fiancé or spouse visa, the American petitioner must submit an Affidavit of Support.

Normally, your income needs to meet at least 125% of the Federal Poverty Guidelines for your household size.

And you typically prove your income with your tax return, pay stubs and employment verification.

But here’s something people sometimes misunderstand.

Your last tax return is only history.

It shows what you earned last year.

It doesn’t necessarily prove what you’re earning today.

Suppose your tax return shows you earned $70,000 last year.

That sounds great.

But two weeks before your partner’s interview, your company lays you off.

Your current employment income may now be zero.

The consular officer can ask for updated employment information, recent pay stubs, or other evidence showing your present financial situation.

So you shouldn’t simply hand them last year’s tax return and pretend nothing changed.

Instead, you need to solve the financial issue.

Maybe you’ve already found another job.

Maybe qualifying household income can be used.

Maybe you have sufficient qualifying assets.

Or you may need to find a joint sponsor who independently meets the financial requirements.

And now with the new public charge rules, meeting the income requirement alone may not be enough.

In addition to merely income, U.S. immigration now is looking at the total financial picture, rather than treating one number on a tax return as the entire answer.

So think about two very different cases.

In the first case, the sponsor loses a job after ten years with the same employer, but has substantial savings, little debt, a strong employment history, and already has interviews for another well-paying position.

That’s one financial picture.

Now imagine someone who has been unemployed for a long period, has almost no savings, significant financial obligations, and no clear source of support for the arriving fiancé or spouse.

That’s a very different picture.

Job loss alone isn’t necessarily the problem.

The question is:

After that job loss, can you still demonstrate that your fiancé or spouse will have adequate financial support?

My advice:

If you’ve lost your job while your fiancé or spouse visa is processing, don’t panic.

But don’t wait until the interview to figure this out either.

Look at your current income.

Look at your assets.

Look at whether another household member’s income can legally be used.

Determine whether you should arrange a qualified joint sponsor before the interview.

The important thing is to present the case based on your real financial circumstances today, not simply what was true when you originally filed the petition.

Losing your job doesn’t automatically end the visa case.

But failing to properly prepare for the financial questions that job loss creates certainly can cause delays or potentially a visa refusal.

If you’re planning a fiancé visa, spouse visa, or adjustment-of-status application, you’re welcome to contact me for a free introductory consultation.

I’m Fred Wahl, the VisaCoach.

And for more practical information about the financial requirements for fiancé and spouse immigration, click the video on your screen.

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