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Should we start I-129F now or wait?

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Filed: K-1 Visa Country: Philippines
Timeline

So I'll try to make this short as possible and thanks in advance for any advice.

My fiance is in Manila, I live with family right now because I lost my driver's license but will have it back within the next month. Because of not having my license I don't make much money ($11hr) because I can't commute to something that pays better. Once I start driving again I plan on finding something that pays much better and am more than capable with my experience. My question is this: Should we start the process while I'm making what I make now and living with family where I have no rent or should we start it when I get back into my field making real money and I move out into my own place? Does the embassy care about how much I am making? Or does all that matters is that I can support her? Should I wait till tax time when I get my refund and have more money in the bank? We want to start now but I don't want them denying us for anything.

If we did start it now I will definitely be back out in my own place and making more by the time it's time for her to move here. But I have never done this and don't have a clue what the Government places the most scrutiny on. If anyone who's been through it can advise I appreciate it.

Edited by staycoldb
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Filed: K-1 Visa Country: Philippines
Timeline

I just noticed they require you to make $19,400 annually to approve it, I don't make much over that right now but I do. Can anyone confirm this? If it's accurate I might go ahead and start on things now.

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Filed: K-1 Visa Country: Mexico
Timeline

I just noticed they require you to make $19,400 annually to approve it, I don't make much over that right now but I do. Can anyone confirm this? If it's accurate I might go ahead and start on things now.

That's pretty accurate give or take a couple thousand. Get started now but include a sponsor.

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I think no matter what you will have to use your IRS filing for three years. so somehow whatever you are making now will be included automatically in your filing for 2014. I think since you know that you will be getting the DL soon, and the actual process takes time, it is better to start on it now and work your way through it because you will have to use the IRS records for the last three years. and if you think that you are not making enough to sponsor you will have to get a joint sponsor.

Or apply after 6 years when you will be making more money in the latest three years to use the IRS record (ie 2017, 2018, 2019) if you think that you will be making more money by then to sponsor on your own without a joint sponsor. see below the poverty guideline official website and compare according to state and number of sponsored individuals.

<http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf>

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Filed: K-1 Visa Country: Philippines
Timeline

That's pretty accurate give or take a couple thousand. Get started now but include a sponsor.

So even though I make close to $1,000 over the poverty line I should apply with a co-sponsor anyway? Does it help much to have one?

I think no matter what you will have to use your IRS filing for three years. so somehow whatever you are making now will be included automatically in your filing for 2014. I think since you know that you will be getting the DL soon, and the actual process takes time, it is better to start on it now and work your way through it because you will have to use the IRS records for the last three years. and if you think that you are not making enough to sponsor you will have to get a joint sponsor.

Or apply after 6 years when you will be making more money in the latest three years to use the IRS record (ie 2017, 2018, 2019) if you think that you will be making more money by then to sponsor on your own without a joint sponsor. see below the poverty guideline official website and compare according to state and number of sponsored individuals.

<http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf>

I taught English in China in 2011-2013. I didn't even file in 2012 and barely made anything in the US in 2011-2013. So is that going to hurt me if they look at the last 3 years regarding income?

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I think you should consider a joint sponsor seriously, the main thing in sponsorship is to guarantee that the sponsored person does not become a public charge, ie, being fed and housed on the expense of the government. if you are unable to sponsor her due to a limited income (and that's not a bad thing) they gave you the second chance of having a joint sponsor with whom you can split the sponsorship allowance requirement. a joint sponsor could be anyone and not necessarily a relative as long as they agree to sponsor that beneficiary, the length of sponsorship is expired if the sponsored completes 40 quarters of employment (10 years), becomes a US citizen, or dies (god forbids)

however you are sponsoring one person only and that doesn't require much, I think its about $19,400. and the more the better.


best of luck

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

also keep in mind that divorce no matter what does not abolish the sponsorship agreement. IT stays no matter what for the duration mentioned above 10 years, US citizenship, Death.

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Filed: K-1 Visa Country: Philippines
Timeline

Philippines does not accept co sponsor unlike other countries but since you are over the poverty line, you are good to go.

Hank, the expert on K1 Philippines process can give you more precise advice. :) Hope he will be able to read your post.

AOS Journey:

March 30 - AOS/EAD/AP sent

April 2 - USCIS received

April 9 - NOA1

May 6 - Biometrics

May 7 - Case is ready for interview

May 21 - Request for EAD expedite

May 26 - contact congressman for EAD expedite

June 1 - EAD card in production

June 2 - EAD approved

June 6 - EAD/AP combo card received

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Filed: K-1 Visa Country: Philippines
Timeline

Philippines does not accept co sponsor unlike other countries but since you are over the poverty line, you are good to go.

Hank, the expert on K1 Philippines process can give you more precise advice. :) Hope he will be able to read your post.

LOL, so the Philippines Embassy doesn't allow co-sponsors?!?!?! Hmm, thanks for throwing that in!

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Filed: K-1 Visa Country: Philippines
Timeline

Yup, unfortunately! They only allow co sponsor for spouse visa but not K1. :( But since you are currently above 19k+ (household of two only), you can go ahead with the application.

Edited by AR and BA

AOS Journey:

March 30 - AOS/EAD/AP sent

April 2 - USCIS received

April 9 - NOA1

May 6 - Biometrics

May 7 - Case is ready for interview

May 21 - Request for EAD expedite

May 26 - contact congressman for EAD expedite

June 1 - EAD card in production

June 2 - EAD approved

June 6 - EAD/AP combo card received

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Filed: K-1 Visa Country: Philippines
Timeline

Yup, unfortunately! They only allow co sponsor for spouse visa but not K1. :( But since you are currently above 19k+ (household of two only), you can go ahead with the application.

Ok, can you clarify the household thing for me? I lived in a house with my parents and Grandmother right now, so that's 4 people all together. Does this make a difference?

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If I read your previous posts correctly, you do not have ample evidence to show that you meet the 125% poverty guideline.

You said you are getting your license back next month right? After you get it back, how soon will you be able to get a better job? Do you think that will take long? Things are looking up for you but I think you should just wait a little more until things are more stable. Since the Philippine consulate is not very accepting of co-sponsors, I think you should wait until you have more concrete evidences to show them. If you can show that you meet the requirement by the time you file your taxes next April, then I think you'd be more ready then. I know a few months far from her sounds horrible, but doing it right the first time is really the better way.

Edited by iammrsregi
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Filed: Other Country: Philippines
Timeline

So I'll try to make this short as possible and thanks in advance for any advice.

My fiance is in Manila, I live with family right now because I lost my driver's license but will have it back within the next month. Because of not having my license I don't make much money ($11hr) because I can't commute to something that pays better. Once I start driving again I plan on finding something that pays much better and am more than capable with my experience. My question is this: Should we start the process while I'm making what I make now and living with family where I have no rent or should we start it when I get back into my field making real money and I move out into my own place? Does the embassy care about how much I am making? Or does all that matters is that I can support her? Should I wait till tax time when I get my refund and have more money in the bank? We want to start now but I don't want them denying us for anything.

If we did start it now I will definitely be back out in my own place and making more by the time it's time for her to move here. But I have never done this and don't have a clue what the Government places the most scrutiny on. If anyone who's been through it can advise I appreciate it.

Correct income for two to meet the I-864P requirement is $19,662 (NOT a penny less). Does your yearly gross income meet or exceed this amount? If yes, you are good to go.

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Those that suggested using a co-sponsor... for the Philippines that is not a good suggestion, USEM is more than difficult when it comes to accepting co-sponsors with the K-1 visa.

http://www.visajourney.com/forums/forum/129-philippines/

Ok, can you clarify the household thing for me? I lived in a house with my parents and Grandmother right now, so that's 4 people all together. Does this make a difference?

Do you claim all those people on your income tax? If NO, then they don't count.

So even though I make close to $1,000 over the poverty line I should apply with a co-sponsor anyway? Does it help much to have one?

I taught English in China in 2011-2013. I didn't even file in 2012 and barely made anything in the US in 2011-2013. So is that going to hurt me if they look at the last 3 years regarding income?

U.S. embassy Manila only wants the MOST RECENT federal tax return, not 3 years worth (more bad info)

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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Filed: K-1 Visa Country: Philippines
Timeline

To staycoldb,

I have a few question and I am not trying to be harsh here.

1) How are you going to afford supporting your spouce when she comes here? Remember, it can take up to 6 to 8 months before she gets her authorization to work. It depends on how fast you get married. Work authorization can only be applied for post marriage.

2) How are you going to pay for the AOS. That is over a thousand dollars?

3) Does she realize how expensive it is to live in the United States? My experience shows that most people that come to the U.S. are really supprised just how hard it is to make enough money from the job they work at to pay all the bills.

4) Does she have children, if she does, you seriously seriously need to think about the decision your making here.

5) Does she realize how hard it is to get a job in the United States? Add poor English and it simply compounds the issue. Most people whol come to the U.S. are under the impression that jobs are simply lined up for them. I can tell you, THIS IS NOT THE CASE. Again, not trying to be harsh here. She simply needs to be tolk the realistic position she is coming to.

6) You mentioned you live with your parents and grandparents. That is two generations of families under the same room. With you and her, that makes three. Do your parents and grandparents expect her to become a domestic servent. Washing everyones cloths, washing everyones dishes, cooking all the meals, cleaning the house. Your sitting there getting pissed at me probably, but keep in mind, these situations do exist. Read some of the post on this web site and you will see. I MENTION THIS for this reason and this reason alone.

a) You ( the man of your marriage ) need to establish BOUNDERIES bwtween you and your pareents and you and your grandparents on what is expected of you while in the house and more importantly what is expected of her in the house.

b) Your family needs to understand that YOUR WIFE is NOT their wife.

c) She ( your fiancee ) needs to be very careful at what precidence she sets when she first arrives. By simple nature, she will want to clean all the dishes, wash all the clothes, cook all the meals, and clean the house. If she starts this from the beginning and then stops doing later because she is " tired of cleaing up after everyone ", then your relationship will start to suffer because she will be getiing pissed off and frustrated at the living conditions. Be careful with this point and as the man, you will need to instruct her on what she can and cannot do in the house. This is for her protection. Believe me on this simple point and your relationship between ALL parties will be good.

7) You mentioned you lost your license. That would indicate you have been in some legal trouble. Is it a misdermina or feleny. If so, does your wife know about this and the reprecutions that follow when you look for employment? If not, she needs to know this. Remember, it is not only your life being delt with here. Your a young man and she is a young woman. She will be under tremendous amount of culture shock when she arrives.

8) Set up an emergency flight fund for her. You need to have at least $ 1,500.00 saved in a bank account for her in case it is simply too much for her to handle. This way you can buy her a plane ticket back. I mention this because it is hard enough for two people in the same house hold to learn about each other. You have your parents and grandparents. That is catastrophic on a young marriage.

I wish you the best bro. You two do make a good looking couple. I always say " Plan smart, be patient now, be happy later"

In closing, only the recent tax return is required when filing the I-129F

Please keep in mind that some dates are only known after receipt of another document.
For example, the USPS Form 3811. The stamped receiving date was not know until the original Form 3811 was received on 07/13/2013 1:30 p/m CST.

07/05/2013 3:07 p/m CST I-129F pouch tendered to United States Postal Service in Houston, TX
07/09/2013 UNKNWN USPS Form 3811 / Signiture Receipt Card / Stamped and Received at USCIS Dallas Lockbox *
07/09/2013 UNKNWN USCIS / WEB SITE / receives petition and mails notice
07/12/2013 UNKNWN I-129F Check Presented to bank for payment
07/12/2013 2:51 p/m CST Text Message Received / G-1145 / I-129F Form / VSC - Documents sent to VSC
07/12/2013 2:51 p/m CST Email Received Received / G-1145 / I-129F Form / VSC - Documents sent to VSC
07/12/2013 UNKNWN I-129F Check coverted to ACH Payment to USCIS DALLAS PAYMENT
07/13/2013 1:30 p/m CST USPS Form 3811 / Signiture Receipt (GREEN) Card received from USCIS Dallas Lockbox *
07/13/2013 4:24 p/m CST USCIS / WEB SITE / Set up user account to track case status / https://egov.uscis.gov/cris/logon.do
07/15/2013 4:24 p/m CST USCIS / WEB SITE / Indicates "ACCEPTANCE"
07/16/2013 7:30 p/m CST USCIS / WEB SITE / Log in to check site / Indicates "INITIAL REVIEW"
07/17/2013 UNKNWN I-797C, Notice of Action (NOA1) / Received in mail today. (Notice Date : 07/11/2013, VSC) (Stamp date on envelope : 07/15/13)

* Advising case has been opened.
07/18/2013 8:31 p/m CST Email Received / USCIS / Advising Alien Registration Number has been changed
07/18/2013 8:35 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

07/18/2013 8:31 p/m CST Email Received / USCIS / Advising Alien Registration Number has been changed
07/18/2013 8:35 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 6:45 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 6:47 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/07/2013 7:00 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/09/2013 6:30 p/m CST Email Received / USCIS / Case has been transfered from VSC

08/09/2013 UNKNWN I-797C, Notice of Action (NOAT) / Rcv'd in mail (Notice Date : 08/06/2013, VSC) (Stamp date on envelope : 08/07/2013)**

** Advising that the case has been transfered from VSC to TSC

08/09/2013 7:30 p/m CST USCIS / WEB STIE / Logged in to check site / Indicatted "INITIAL REVIEW

08/26/2013 8:45 p/m CST Email Recieved / USCIS / On 08/26/13, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E).

08/26/2013 8:47 p/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/26/2013 8:48 p/m CST USCIS / WEB STIE / Logged in to check site / Indicatted "POST DECISION ACTIVITY"

08/27/2013 7:15 a/m CST Text Message Received / USCIS / Advising "My Case Status" has been updated at www.uscis.gov

08/27/2013 7:15 a/m CST Email Received / USCIS / On August 27, 2013, we shipped this approved or re-affirmed case to the Department of State for visa processing.

08/29/2013 UNKNWN I-797C, Notice of Action (NOA2) / Rcv'd in mail. (Notice Date : 08/26/2013) (Stamp date on env. : 08/27/18) / Advising i-129F has been APPROVED.

09/05/2013 UNKNWN Phone Call to NVC / Petition received and MNL Number issued

09/06/2013 15:58 EST Documents shipped out via DHL AWB 8774193982 ( http://www.visajourney.com/forums/topic/302190-dhl-tracking-from-nvc-to-us-embassy/ ) EXCELLANT

09/09/2013 10:45 MNL Documents rcvd at Embassy signed for L Bernardion

Summary : Date mailed : 07/05; Docs rcv'd USCIS : 07/09; NOA1 issued : 07/11; NOA2 issued : 08/26, NOA2 rcv'd in mail : 08/29; NVC Rcv'd : 09/05/; MNL Emby rcv'd docs : 09/09

Total Number of Days : 67 days (Mailing date of I-129F at U.S. Post Office to Receipt of documents in Manila Embassy)

Projected Dates (Not Actual Dates) : Based on research on VJ Website, other members statements, and documents going to VSC Service Center
07/18/13 : Based on timeline data, your I129f may be adjudicated between December 11, 2013 and December 24, 2013

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