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coffeeguy

Want to begin paperwork before having job, but what if I fail for income?

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I cannot start looking for work until november, but I can likely find work, after I begin looking, before February. I would like to begin the paperwork for my wife's visa before november instead of wating until I actually have my job to get a lot of the waiting out of the way. My question is, if I begin the paperwork in september or october, but I do not find work before it is needed for the affidavit of support, what happens?

Will my wife be penalized from getting a visa in the future?

Will we need to begin the entire process again from the beginning?

Will there be new paperwork to be completed?

Thanks


CR-1 (I-130)

08 Oct 06 Sent

10 Oct 06 Received

13 Oct 06 Transferred to California Service Center for Processing

16 Oct 06 NOA1

08 Feb 07 NOA2 Approved in 123 days

K-3 (I-129F)

24 Oct 06 Sent

26 Oct 06 Received

30 Oct 06 NOA1

16 Nov 06 Transferred to California Service Center for Processing

25 Jan 07 Touched

28 Jan 07 Touched

08 Feb 07 Touched

08 Feb 07 NOA2 Approved in 107 days

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I cannot start looking for work until november, but I can likely find work, after I begin looking, before February. I would like to begin the paperwork for my wife's visa before november instead of wating until I actually have my job to get a lot of the waiting out of the way. My question is, if I begin the paperwork in september or october, but I do not find work before it is needed for the affidavit of support, what happens?

Will my wife be penalized from getting a visa in the future?

Will we need to begin the entire process again from the beginning?

Will there be new paperwork to be completed?

Thanks

What about getting a co-sponsor? Is that possible?

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Could you do it with existing assets?


I-130 sent Mar 30, 06

approved Aug 15, 06

I-129f sent April 24, 06

approved July 27, 06

Montreal interview Jan 18, 07

POE Toronto Jan 28, 07

EAD sent Jan. 30, 07

transferred to Vermont Feb 12

biometrics Feb 22

approved March 13

card returned undeliverable! March 27

called after 6 weeks to have EAD re-sent

AOS sent Jan. 30, 07

biometrics Feb 22

RFE for complete medical (!) Feb 23

Called Senator from NJ - never returned call

Infopass March 19 (no help)

Replied to RFE with duplicate medical March 19

Sent additional evidence (I-693A) March 26

NBC received supplement March 30

touched April 4

Interview July 16

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Thanks for the quick replies. I do not have substantial assets now. And sadly, there is a lot of transition right now among my family and friends, so I do not think any of them would be able to be a co-sponsor right now. I'm sure that once I begin working I'll have no problem making the income requirements, it's like an issue of efficient timing.

I don't want to wait the entire processing period after I've found work, because I think I could do some of that waiting while I don't have a job, and while the affidavit of support isn't needed yet. I'm wondering though on the other side of the coin, what would be the consequences if the affidavit or proof of income is needed before I have it.

Thanks again


CR-1 (I-130)

08 Oct 06 Sent

10 Oct 06 Received

13 Oct 06 Transferred to California Service Center for Processing

16 Oct 06 NOA1

08 Feb 07 NOA2 Approved in 123 days

K-3 (I-129F)

24 Oct 06 Sent

26 Oct 06 Received

30 Oct 06 NOA1

16 Nov 06 Transferred to California Service Center for Processing

25 Jan 07 Touched

28 Jan 07 Touched

08 Feb 07 Touched

08 Feb 07 NOA2 Approved in 107 days

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Thanks for the quick replies. I do not have substantial assets now. And sadly, there is a lot of transition right now among my family and friends, so I do not think any of them would be able to be a co-sponsor right now. I'm sure that once I begin working I'll have no problem making the income requirements, it's like an issue of efficient timing.

I don't want to wait the entire processing period after I've found work, because I think I could do some of that waiting while I don't have a job, and while the affidavit of support isn't needed yet. I'm wondering though on the other side of the coin, what would be the consequences if the affidavit or proof of income is needed before I have it.

Thanks again

Do you realize that they want proof of a year's income? Without a co-sponsor it is still at their descretion to deny it. If you are denied the K3...you have to wait out the CR1 process...year...two...or more. The other thing to consider is the embassy she will be interviewing at. I don't know what country your wife is from but some consultates are 'friendlier' than others. For instance, my hubby is from the UK. I have checkked out the Embassy's board so I know we have a super friendly one. That's why I'm not stessing over my co-sponsor anymore. You should check that board for information as well. And even post the question there too.

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Well, I've been a full time law student for the last 3 years, so it's pretty much impossible that I can come up with 1years income before november. Not too likely I'll be able to get a co-sponsor either. But I've also read that they want a letter from your employer and 3 paystubs. I'm sure I can come up with that.

How do the paystubs and the letter figure into the equation? Seems like they could calculate your yearly income from your paystubs?

I also happened upon something called a 'blue slip'? People get this who do not initially fulfill the income requirements? Does anyone know the consequences of getting a 'blue slip,' or what must be done after getting one?

Thanks


CR-1 (I-130)

08 Oct 06 Sent

10 Oct 06 Received

13 Oct 06 Transferred to California Service Center for Processing

16 Oct 06 NOA1

08 Feb 07 NOA2 Approved in 123 days

K-3 (I-129F)

24 Oct 06 Sent

26 Oct 06 Received

30 Oct 06 NOA1

16 Nov 06 Transferred to California Service Center for Processing

25 Jan 07 Touched

28 Jan 07 Touched

08 Feb 07 Touched

08 Feb 07 NOA2 Approved in 107 days

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Well, I've been a full time law student for the last 3 years, so it's pretty much impossible that I can come up with 1years income before november. Not too likely I'll be able to get a co-sponsor either. But I've also read that they want a letter from your employer and 3 paystubs. I'm sure I can come up with that.

How do the paystubs and the letter figure into the equation? Seems like they could calculate your yearly income from your paystubs?

I also happened upon something called a 'blue slip'? People get this who do not initially fulfill the income requirements? Does anyone know the consequences of getting a 'blue slip,' or what must be done after getting one?

Thanks

OK...I can see your point. What country is your wife from? That will count alot. The embassies have ALOT of descretion. In the UK, your letter and 3 paystubs would probably get it. But in some other countries it wouldn't. So specifically check out your wife's country. You could even email them for clarification.

As for a blue slip, means you have to provide further information/evidence. They could say you have to find a co-sponsor. That sort of thing.

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terri o'neale,

No, they do not want proof of a year's income. They want to know what one's annual income is. There's a difference.

They also will want to have an indication of how sustainable one's income is, and some of the ways of showing that may be what's behind your confusion.

Yodrak

Do you realize that they want proof of a year's income? ....

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coffeeguy,

You need to show that your current income is sufficient to ensure that the non-immigrant you are sponsoring is not likely to become a public charge while in the USA. Your employment letter should indicate what your annual salary is (or your rate of pay and base hours of work per week), and your pay stubs should substantiate that information.

The consular official will also want to feel comfortable that your current income is sustainable. In some circumstances that can be shown by one's employment history, but in your circumstances your law degree should be a good indication and that fact that you've recently graduated is a good reason for not having an employment history.

'blue slip' is generally used to mean a 221(g) refusal of the visa application, 221(g) being the section of the INA that the refusal is based on. It is also called a 'soft' refusal because it doesn't mean 'visa refused, end of story', it generally means that there is a defect in the material presented in support of the visa application, you will be told what the defect is, and you will have an opportunity to remedy the defect. Or it can be the infamous Administrative Review - we need to review your case at a higher level, we'll eventually let you know what we decide.

My wife's 'blue slip' was white.

Yodrak

Well, I've been a full time law student for the last 3 years, so it's pretty much impossible that I can come up with 1years income before november. Not too likely I'll be able to get a co-sponsor either. But I've also read that they want a letter from your employer and 3 paystubs. I'm sure I can come up with that.

How do the paystubs and the letter figure into the equation? Seems like they could calculate your yearly income from your paystubs?

I also happened upon something called a 'blue slip'? People get this who do not initially fulfill the income requirements? Does anyone know the consequences of getting a 'blue slip,' or what must be done after getting one?

Thanks

Edited by Yodrak

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Hello,

I've been reading your story and I am in the same situation. My husband was in the marines for 5 years and then when he got out he came to live with me on and off for 8 months and was unable to work. He has now been working full time for 3 months. I am also confused about the income requirements.

His tax return for 2005 is under the requirement. His tax return for 2004 and 2003 are over the requirement. His current salary is over the requirement. Do we require a co-sponsor because 2005 was under? Will his current income be enough to satisfy?

Also just some more information.... We are currently beginning to adjust our status and I am a Canadian citizen.

Thanks


K3 Timeline

Oct. 12 2005 Applied for K3 (Day 1)

Jan. 9th 2006 Received packet 3 (Day 89)

Jan. 19th 2006 Sent back packet 3 (Day 99)

March 20th 2006 Received packet 4 (Day 159)

April 20th 2006 K3 Appointment in Montreal (Day 190)

April 21st 2006 Received K3 (Day 191)

April 22nd 2006 Arrived in Florida!!!!! (Day 192)

EAD Timeline

May 3rd 2006 Chicago receives my application (Day 1)

May 8th 2006 NOA received (Day 5)

May 22nd 2006 Biometrics appointment letter received (Day 19)

June 3rd 2006 Biometrics complete (Day 31)

June 13th 2006 EAD card received in Mail!!!!!!!!! (Day 41)

June 13th 2006 Applied for SSN (Day 41)

July 13th 2006 SSN card arrives in the mail (Day 71)

AOS Timeline

Oct. 30th 2006 Sent in our paperwork to Chicago (Day 1)

Nov. 11th 2006 NOA Received (Day 12)

Nov. 13th 2006 Touched (Day 14)

Nov. 18th 2006 Biometrics taken (Day 19)

Dec. 14th 2006 Case transferred to California (Day 45)

Dec. 31st 2006 File arrived in California (Day 62)

Jan. 20th 2007 Touched (Day 82)

May 8th 2007 Case trasnferred to National Benefits Center (Day 190)

May 16th 2007 Case arrived at National Benefits Center (Day 198)

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Thanks for the clarification Yodrak and terri. I appreciate the distinction made between what income I have made and what income I will make, as well as the issue of whether or not my income is sustainable.

It's also good to know that the visa is not doomed if I don't initially pass the income test. Since I'd like to save some time by filing before I have an income, with the knowledge that I'll likely have income by the time they ask for it.

Coffeeguy


CR-1 (I-130)

08 Oct 06 Sent

10 Oct 06 Received

13 Oct 06 Transferred to California Service Center for Processing

16 Oct 06 NOA1

08 Feb 07 NOA2 Approved in 123 days

K-3 (I-129F)

24 Oct 06 Sent

26 Oct 06 Received

30 Oct 06 NOA1

16 Nov 06 Transferred to California Service Center for Processing

25 Jan 07 Touched

28 Jan 07 Touched

08 Feb 07 Touched

08 Feb 07 NOA2 Approved in 107 days

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