Wish to sponser fiancee

[CoffeeMuse 5]

Hi, I'm new here and using a ficticious name here on Visa Journey.

I met a single (never married) woman with one child over the internet last August in the UK, went to visit her in December. During the time we have been getting to know we feel we have a lot in common personality wise and have felt we are a good match. After returning from my visit I was let go from my job as a professional geologist. Basically I have been unemployed and collecting unemployment benefits for the past 5 or more months now and but my fiancee from the UK and I wish to work toward imigration to the US in a reasonably timely fashion. I have the impression the process takes about 8 months give or take if all goes reasonably well.

First a little back ground. I am 50 years old and have a Bachelors and Masters degree in Geology but have never been a major salary earner. I was separated in 2000 and finally divorced in the spring of 2007. I have managed to save up significant amount of cash and also have saved up some retirement funds as well. At present I have only managed start working on temporary projects with a computer tech agency so I don't have regular employment yet. I have a single child who I am not the primary custodian but just have visitation rights and child support obligations.

My question to you who have perhaps been through this all is this: Would it be possible for me to apply now for a K1 VISA for my fiancee and get it approved based on my financial savings and retirement assets and only temp part time work? What I would like to do is sponser my fiancee and her son and get married next year.

I have talked to one other person I know who was a divorced woman who sponsered her fiancee from Sweden. Her story was that she had to show she had enough finances to support herself, her own child and her foreign (Swedish) fiancee - this translated to 3 times the poverty level for a year - which she stated was $22k each x 3 for a total of $66k. She had a very low paying job so that basically didn't help her case but her savings alone got her fiancee approved.

Are retirement funds counted as assets which the INS will count as credit in the above regard? Basically between a CD, cash in the bank and EE bonds current value, I exceed the 3 x poverty level alone as long as I don't have to count my own daughter as a dependent in this situation. Can anyone clarify how these factors work and are counted? I would assume I would count myself, my fiancee and her son at minimum as 3 people. What about my daughter who is full-time with her mother (who is worth about $900k in her assets). Does my part time child count or do I only count myself, my fiancee and her son? Would I stand a good chance of getting approved under this scenario?

Edited June 17, 2009 by CoffeeMuse

[CoffeeMuse 5]

A little additional information: I have saved my airline tickets going over to England last year. I took a photo of us together during that visit. We have countless emails exchanged since last August thru the present, and my fiance came to visit me in April for 2 weeks. SHe has saved her ticket as well, and we took photos of us together in Washington DC and prominent places like in front of the Capitol and Niagara falls. We have started to gather information about the K1 fiancee Visa process but I have not applied yet.

My financial position in terms of assets is more favorable now than it might be 6 months from now, which is why I am wondering if it would be better to apply now than wait another half a year when I may be in a better position job wise. If my position now isn't sufficient for approval, I may have family members who may be willing to co-sponser me. I also have a brother in law who is an immigration lawyer in his regular job, although his specialty is handling work Visa's, not K1.

Any feed back regarding my situation would be greatly appreciated.

[Ontarkie 14,275]

heres a link it will show the amount needed to be 125% over the poverty line

http://www.uscis.gov/files/form/I-864P.pdf

now for assest i think its a bit different i'm sure someone will come by soon and let you know

[Anh map 2,098]

For your household size it will be you+anyone you claimed as a dependent on your 08 tax return+fiancee+fiancee's child. From what you say that is either 3 or 4 (if your daughter was a dependent). You would need current income of at least $22,887 for 3, or $27,562 for 4. (these numbers will probably adjust up slightly for next year) Assets would be 3 times the number.

Regarding assets usage check page 8 of the I-864 instructions (for the most part embassies follow the I-864 guidelines when evaluating an I-134) USCIS page for the I-864 Affidavit of Support

I-134 is the affidavit of support commonly used for the K visa. The I-864 is the affidavit of support used when adjusting status.

Edited June 17, 2009 by Anh map

[CoffeeMuse 5]

So assets may be considered in liue of income from a job for purposes of the K1? I intend to keep looking for employment and certainly will try to become gainfully employed as soon as I can - in fact I intend to relocate from central New York to Virginia (near DC) where there are more job opportunities.

Also, can anyone say if retirement accounts are considered assets for purposes of the K1 Visa approval? About half of my assets are in retirement accounts.

[Bobby+Umit 161]

So assets may be considered in liue of income from a job for purposes of the K1? I intend to keep looking for employment and certainly will try to become gainfully employed as soon as I can - in fact I intend to relocate from central New York to Virginia (near DC) where there are more job opportunities.

Also, can anyone say if retirement accounts are considered assets for purposes of the K1 Visa approval? About half of my assets are in retirement accounts.

Yes, however, they have to be the sort that they can be converted to cash within one year, and not cause undue hardship on you for converting them.

(like cashing in a 401K and having to pay all that tax/penalties for early withdrawal (example only here)) - but if they are the sort you get annual payments (or monthly withdrawls) - these are ideal.

Anh_Map's post has an excellent read on the requirements - can't go wrong with that!

Edited June 17, 2009 by Bobby_Umit

[Anh map 2,098]

That's where the statement: "Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included" comes into play.

The affidavit of support does not come into play right away. That information is presented at the interview. In the meantime if you do get a new job and that annual income is sufficient then you are all set. If not then you would document the part time income and unemployment income and add assets (at the 3:1) enough to make up the difference.

[CoffeeMuse 5]

That's where the statement: "Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included" comes into play.

The affidavit of support does not come into play right away. That information is presented at the interview. In the meantime if you do get a new job and that annual income is sufficient then you are all set. If not then you would document the part time income and unemployment income and add assets (at the 3:1) enough to make up the difference.

Well, about half or less of my retirement is in a 401k, the rest are in CD's and hopefully they will never need to be touched, but if I need to show it for purposes of K1 approval then that should work. My 410k tanked anyway but hopefully will bounce back. Also I did not claim my daughter on my 2008 tax statement so it sounds like I will only need to sponser 3 (myself, my fiancee and her son - who is 15 right now). For reasons I can't get into right now, my assets are most favorable right now so I want to take advantage of that. Naturally I will be looking for work and eventually expect to have some kind of imployment as a professional. I've been holding off applying for the K1 this spring due to employment sitiation, but maybe that is not necessary?

[Ladylethal 12]

I recommend that you start out reading the guides at the top of the page and get familiar with how the entire process works an then deciding which is the best route for you and how to overcome sponsorship troubles.

Welcome to VJ and good luck.

[CoffeeMuse 5]

I recommend that you start out reading the guides at the top of the page and get familiar with how the entire process works an then deciding which is the best route for you and how to overcome sponsorship troubles.

Welcome to VJ and good luck.

I will begin reading the guides. I had been putting this process off a few months but now feel that it may be time to get started. I really would like to have this approved by Feb or March of next year and if people say average processing time is around 8 months or so, its time to get started. I thought being employed would be mandentory but if assets are sufficient, I may not have to wait umpteen more months.

I realize there are the guides btw, but I also was looking for feed back from people who have actual experience with how the approval process goes in practice as well as theory.

Edited June 18, 2009 by CoffeeMuse

[Ladylethal 12]

I just like to point them out as it's usually easier to understand the process after reading them and easier for VJers to explain things and help with any doubts people have concerning the process.

[baron555 934]

My question to you who have perhaps been through this all is this: Would it be possible for me to apply now for a K1 VISA for my fiancee and get it approved based on my financial savings and retirement assets and only temp part time work? What I would like to do is sponser my fiancee and her son and get married next year.

Savings yes, retirement no.

Are retirement funds counted as assets which the INS will count as credit in the above regard?

No, not as I understand it. They are not liquid and are contingent on you reaching a certain age.

You may need a cosponsor. What about your parents or close relatives?

[CoffeeMuse 5]

Laura -I'll sit down and read the material but it will take time to digest. I am just trying to get a "feel" for some of my options at this point.

Savings yes, retirement no.

From the sounds of things above, maybe. Right now I can make up the amount with out retirement if I only have myself, my fiancee and her son since I did not claim my daughter on my 2008 taxes. That means I need to show $69k which right now I can show that. 6 months from now may be different but I hope to have some kind of steady work by then, so it may be an either or situation or combined.

No, not as I understand it. They are not liquid and are contingent on you reaching a certain age.

Just so you know, the way retirement funds work is that you defer taxes to a time when you are "retired" and are in a more favorable tax bracket. There is no "age contingency" with my IRA CD's. I could take money out of any of them but if they are not mature, I would take a penalty against the interest and would have to pay taxes on the amount I pocket as if it were a "gross income" pay check. They are liquid in that sense.

What I am asking is if anyone has used retirement funds such as IRA CD's as assets which could be counted toward sponsership, even in part? At present I may barely have enough to sponser between cash in savings, EE bonds value and a standard CD.

You may need a cosponsor. What about your parents or close relatives?

My parents are old fashioned and think its wrong to marry someone who is not an American so they won't sponser. I am 50 years old and think they shouldn't dictate what is best for me. I have two sisters who could co-sponser but I dont' think they want to be put in that position. So its up to me probably. The lay off came at a bad time but the best defense is a good offense so work is probalby going to be key. But I want to get the ball rolling if its not totally crazy.

Edited June 18, 2009 by CoffeeMuse

[JimVaPhuong 4,863]

From the sounds of things above, maybe. Right now I can make up the amount with out retirement if I only have myself, my fiancee and her son since I did not claim my daughter on my 2008 taxes. That means I need to show $69k which right now I can show that. 6 months from now may be different but I hope to have some kind of steady work by then, so it may be an either or situation or combined.

Just so you understand, the I-134 affidavit, and supporting evidence, are submitted at the interview, which is likely to be at least six months from now. After your fiancee arrives in the US, and you are married, you'll need to submit the application for adjustment of status. At that time, you'll need to submit the I-864 affidavit along with pretty much the same supporting evidence. If your income has not improved but your assets have decreased, you might not make it. This isn't dependent on your financial status at the time you submit the I-129F petition, but at the time you submit the affidavits.

Something to consider...

[CoffeeMuse 5]

Just so you understand, the I-134 affidavit, and supporting evidence, are submitted at the interview, which is likely to be at least six months from now. After your fiancee arrives in the US, and you are married, you'll need to submit the application for adjustment of status. At that time, you'll need to submit the I-864 affidavit along with pretty much the same supporting evidence. If your income has not improved but your assets have decreased, you might not make it. This isn't dependent on your financial status at the time you submit the I-129F petition, but at the time you submit the affidavits.

Something to consider...

You mean the K1 could be issued, and she come over and marry me and they won't even ask to see the financial evidence until then? I can see where I'm going to need to fully digest the materials now. Regardless, I job hunting is priority #1. Maybe I shouldn't even bother starting the process until I'm employed regularly which means putting off getting married for maybe another year - could be rough to maintain this relationship indefinitely.