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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

jessibicho
SO I just finished reading a girls post on the K3 forum and her situation seems similar to mine and some of the responses got me a little scared.

Here is my situation. Married Alberto in Ecuador in Nov 2005. Filed the I-130 in January and it was approved 2 weeks later. We have recieved the packette 4 (finally). I moved back to the states in March and I have been working as a waitress (so I make my money in tips and I dont really have that much to show for it ) but I am going to start working as a high school teacher in August and I will have a signed contract making 36,000 plus benefits. I have some mutual funds and money in the stock market that are in my name (my parents started these for me, but they Are in my name) - I think it may be around 10,000 or more. BUT I graduated from college and moved to Ecuador and lived on my savings and so I really have very little work history. Getting a co sponser is not an option because my parents do not want to sign something that legally binds them to my husband for 10 years...... 5 years would be feasible but not 10

My questions are the following : 1) I am planning on waiting until I have been paid twice before my husband calls to schedule an interview - will this be enough evidence coupled with the other stuff (stock, mutual funds)??

2) What about my previous tax history - I havent ever made very much money because I was in school and then in Ecuador..... will this be a prob?

3) What happens if he is denied the visa because of these economic conditions. Can we apply again? Will he have to start over from square one? Will a co sponser be our only option?

If anyone can give me a little insight on this I would be grateful. I get freaked out when I read other members posts saying how essential it is to have a co sponser and it just makes me feel like things arent going to work out. Also I hope you dont think I am rude about posting my salary etc..... I just cannot figure out how to determine the 125% poverty line thing - pretty sad for a college grad (and now in Grad school even) but I am just TERRIBLY HORRIBLY PATHETICALLY bad at math........ So another question will my salary etc be above the poverty line??????...............Maybe I should see a lawyer....
Thanks
laura428
QUOTE(jessibicho @ May 30 2006, 12:01 AM) *

SO I just finished reading a girls post on the K3 forum and her situation seems similar to mine and some of the responses got me a little scared.

Here is my situation. Married Alberto in Ecuador in Nov 2005. Filed the I-130 in January and it was approved 2 weeks later. We have recieved the packette 4 (finally). I moved back to the states in March and I have been working as a waitress (so I make my money in tips and I dont really have that much to show for it ) but I am going to start working as a high school teacher in August and I will have a signed contract making 36,000 plus benefits. I have some mutual funds and money in the stock market that are in my name (my parents started these for me, but they Are in my name) - I think it may be around 10,000 or more. BUT I graduated from college and moved to Ecuador and lived on my savings and so I really have very little work history. Getting a co sponser is not an option because my parents do not want to sign something that legally binds them to my husband for 10 years...... 5 years would be feasible but not 10

My questions are the following : 1) I am planning on waiting until I have been paid twice before my husband calls to schedule an interview - will this be enough evidence coupled with the other stuff (stock, mutual funds)??

2) What about my previous tax history - I havent ever made very much money because I was in school and then in Ecuador..... will this be a prob?

3) What happens if he is denied the visa because of these economic conditions. Can we apply again? Will he have to start over from square one? Will a co sponser be our only option?

If anyone can give me a little insight on this I would be grateful. I get freaked out when I read other members posts saying how essential it is to have a co sponser and it just makes me feel like things arent going to work out. Also I hope you dont think I am rude about posting my salary etc..... I just cannot figure out how to determine the 125% poverty line thing - pretty sad for a college grad (and now in Grad school even) but I am just TERRIBLY HORRIBLY PATHETICALLY bad at math........ So another question will my salary etc be above the poverty line??????...............Maybe I should see a lawyer....
Thanks


Although I'm not even remotely an expert on this, I saw that no one else had yet replied and thought I'd offer what little I do know to make you feel better. smile.gif

First off, here's a link re: the poverty guidelines:

http://www.visajourney.com/forums/index.php?showtopic=4054

As you'll see, your current salary well exceeds what you'll need to meet the requirements for the two of you. I'm not sure, though, how your limited work history or lack of qualifying income before now will impact things. As far as assets go, you would need to have 125%, or five times, the minimum income requirement to make up for insufficient income (if they tell you it's insufficient b/c of lack of history). This would be $82,500.

So... good news is that you definitely qualify based on your current salary. Perhaps a notorized letter from your employer, stating the terms of your contract and salary would be sufficient...? I would clarify the specifics with someone at your embassy, however, to be sure this is enough.

Hope this helped, at least a little. Good luck. smile.gif
Yodrak
jessibicho,

Good idea, especially if you can find one who has experience with the consulate in Ecuador. A consultation to review the facts of your case is always a good investment, if only so you don't have to be scared by what you read of other people's cases.

Yodrak

QUOTE(jessibicho @ May 30 2006, 03:31 AM) *
....................Maybe I should see a lawyer....
Thanks


jessibicho
QUOTE(laura428 @ May 30 2006, 08:50 AM) *

QUOTE(jessibicho @ May 30 2006, 12:01 AM) *

SO I just finished reading a girls post on the K3 forum and her situation seems similar to mine and some of the responses got me a little scared.

Here is my situation. Married Alberto in Ecuador in Nov 2005. Filed the I-130 in January and it was approved 2 weeks later. We have recieved the packette 4 (finally). I moved back to the states in March and I have been working as a waitress (so I make my money in tips and I dont really have that much to show for it ) but I am going to start working as a high school teacher in August and I will have a signed contract making 36,000 plus benefits. I have some mutual funds and money in the stock market that are in my name (my parents started these for me, but they Are in my name) - I think it may be around 10,000 or more. BUT I graduated from college and moved to Ecuador and lived on my savings and so I really have very little work history. Getting a co sponser is not an option because my parents do not want to sign something that legally binds them to my husband for 10 years...... 5 years would be feasible but not 10

My questions are the following : 1) I am planning on waiting until I have been paid twice before my husband calls to schedule an interview - will this be enough evidence coupled with the other stuff (stock, mutual funds)??

2) What about my previous tax history - I havent ever made very much money because I was in school and then in Ecuador..... will this be a prob?

3) What happens if he is denied the visa because of these economic conditions. Can we apply again? Will he have to start over from square one? Will a co sponser be our only option?

If anyone can give me a little insight on this I would be grateful. I get freaked out when I read other members posts saying how essential it is to have a co sponser and it just makes me feel like things arent going to work out. Also I hope you dont think I am rude about posting my salary etc..... I just cannot figure out how to determine the 125% poverty line thing - pretty sad for a college grad (and now in Grad school even) but I am just TERRIBLY HORRIBLY PATHETICALLY bad at math........ So another question will my salary etc be above the poverty line??????...............Maybe I should see a lawyer....
Thanks


Although I'm not even remotely an expert on this, I saw that no one else had yet replied and thought I'd offer what little I do know to make you feel better. smile.gif

First off, here's a link re: the poverty guidelines:

http://www.visajourney.com/forums/index.php?showtopic=4054

As you'll see, your current salary well exceeds what you'll need to meet the requirements for the two of you. I'm not sure, though, how your limited work history or lack of qualifying income before now will impact things. As far as assets go, you would need to have 125%, or five times, the minimum income requirement to make up for insufficient income (if they tell you it's insufficient b/c of lack of history). This would be $82,500.

So... good news is that you definitely qualify based on your current salary. Perhaps a notorized letter from your employer, stating the terms of your contract and salary would be sufficient...? I would clarify the specifics with someone at your embassy, however, to be sure this is enough.

Hope this helped, at least a little. Good luck. smile.gif



Thank you very much ... I will ask my employer about a certified letter and I think I will be visiting one of the many immigration lawyers that happen to be here in El Paso! Thanks again!!
laura428
QUOTE(laura428 @ May 30 2006, 08:50 AM) *

As far as assets go, you would need to have 125%, or five times, the minimum income requirement to make up for insufficient income (if they tell you it's insufficient b/c of lack of history). This would be $82,500.


Just realized that I said this wrong. whistling.gif

What I meant to say is that you'll need to have five times the minimum income requirement (that minimum being 125% of the guideline for a household of two). Or...

5 x 16,500 = $82,500

Sorry for any misunderstanding!
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