How does a new job affect me as a sponsor? And a couple others...

[chadchadbinks 0]

I'm graduating from a 4-year university in May. I will be starting work in May for my full-time career job. My fiance and I will be married in September. So I have a couple of questions given this scenario. She is working right now with an OPT permit (which allows her to work with her student visa).

Should we get married with a Justice of the Peace prior to our set wedding date at the church? She is concerned about the process taking too long and while we're waiting her student visa may expire. So her thinking is if we're married sooner we can start the process sooner. So we'd get married in a court asap, and with the church and family and friends in September as planned.

Secondly, if I'm to start this new job, how can I prove my income as a sponsor since I have yet to file taxes for the new job? If I provide my part-time job tax returns then it won't be enough to meet the 125% requirement. Is it possible for my future employer to provide some sort of affidavit to supplement the W-2s? The starting salary is more than enough...

Oh, she just reminded me of a third question. She will be going to Japan at the end of this month and was wondering if when she gets a birth certificate then if that would suffice. She didn't know if she would need a current one or if one that is dated as being made in March would work if we get married in September.

And on a side note: this is my first post. (So I humbly ask to be spared the "use the search button" remarks that I've seen in other forums ) I've looked around on this site and I'm really glad this resource is available. I'm certain I'm not the first one to say this, but the process seems a bit overwhelming and I'm excited about having knowledgeable people out there that are willing to help. I feel like caving and going with an immigration lawyer at times but I'm not interested in spending the extra money...but don't know if it's worth it. I guess that's another question that I just snuck in...

Any help is appreciated!

[reeses16 8]

You can use your financial aid award letters and part-time job to show that you had 125% above the poverty line. I was in grad school when I did our K1 and AOS. I was very careful to document money from loans, stipends, work etc. We didn't have any problems on our I134 or I864.

When you get your new job just get send as may paycheck stubs (or direct deposits on your online bank statement) as possible. If you feel comfortable ask you employer for a letter, stating your date of employment, salary, full-time, permanent etc.

Also, it seems like your fiance is in the US with you. I think since she is here and legally working her income can count on the I-184 if needed.

She's right the sooner you get married, the sooner you can complete your paperwork (get green card, etc.)

It doesn't matter when she gets her birth certificate. Tell her to get several copies, if you need them in the future you will have them.

[KEK 0]

I also started my visa process right after graduating from college. When it came time to show proof of income for the AOS, all I had were old tax returns that were below the income requirement. So I also sent in all the original paystubs that I had gotten from my new job thus far (I dont' know if copies would have sufficed, but I felt originals were better, and I made copies to keep for myself). I also got a letter from my employer stating my wages and hours worked per week. Based on those numbers in that letter, I calculated how much I would earn annually in the new job, and put that down as my current income on the Affidavit of Support form (which was easily over the income requirement).

Later I also gave my husband more paystubs to bring when he got his interview at the consulate, to show that I was still working with the same wages/hrs. He mentioned that the officer at the consulate actually did a calculation of the numbers as well, when he went over our paperwork, and that it seemed to go fine and they were happy with that.

Oh yeah, btw, definitely get married in the court now, and start the process ASAP. What kind of petition are you going to file?

About getting a lawyer - supposedly you don't need to if your case is straightforward and no problems or unusual circumstances. I got one to make it easier on me, since we started to gather the paperwork while I was still in nursing school (highly stressful time), and working a part-time job. Then I graduated, started a full-time job, had to take the boards, moved into a new apt., etc, etc... It just made it easier for me to not have to do all the paperwork myself, with everything else I had going on. It's really up to you and what you think you can handle. If I had known about this site then, maybe I wouldn't have needed one, but oh well it has all worked out so far...

Good luck with starting everything,

KEKhan

[GreenApp 0]

I have been in almost the same situation as you - I graduated from college last May, then got married with a civil ceremony in August, then held a wedding with family and friends in October.

As far as employment, I also only worked part-time during college and made far less than the 125% they require. I included copies of my tax returns for the past three years even though they didn't meet requirements. I also wrote a letter explaining that I had just graduated from college and now had a full time job (that is above 125%). I included pay stubs from my new jobs and a letter from my employer stating my dates of employment and salary. I'm pretty sure this works - we have the AP and EAD and are waiting for an interview date, but have not received a request for proof of income.

Also, unless you have a complicated case or have extra money to spend, I would not bother with a lawyer (this is just based on my experience!) My husband is adjusting from an F-1 student visa and has not been out of status during his time in the country. I spent an afternoon printing out all of the forms, reading the fine print, and making myself a checklist, and although it seems complicated, it's not so bad. This site has a lot of great resources as well (although I did not discover it until after I filed my package!).

Good luck + I'm happy to help with any questions!