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Posted (edited)

I had asked here what I need, bare minimum, to qualify as my fiance's sponsor. We can't find a co-sponsor and have 2 ideas left for possible people, but doubt they'll agree. I'm in the hunt for a new job that pays more and wanted to know what the minimum that I need to be making is, from a visa standpoint. I got varying responses - 100% of the poverty guidelines, 125% of the poverty guidelines, tax returns needing to show money, etc. So I asked Laurel Scott in her free chatroom today. I thought I'd share the answer with you in case it can benefit anyone else. :) Just keep in mind that I'm bringing in my fiance from France, and Laurel knew that, so I'm not sure if her advice would be different for other countries.

She told me that 125% of the poverty guidelines - in my case, 16,500/year - is the absolute bare minimum. Anything under that and it's no good. Realistically, she said, I need more than that to support us both - but that's the bare minimum from a visa standpoint. My tax returns do NOT need to show anything in particular. If he's asked about them he can just explain that I've been living with my parents and in college. At the time of his interview I need to have held the job for at least 3 months to show them that I'll be steady and dependable. And she advised that we put as much money in the bank as possible so I can claim my money in the bank as an asset. So she said, overall, that if I'm making at least 125% of the poverty guidelines and have had my job for at least 3 months, I'll be fine.

So... I'm happy, and that's a big worry off my shoulders. :dance: As you all know, I'm a worrier, and I was worried about not being able to qualify as his sponsor. So now I can shift my focus to watching the prices of apartments to see what they go for, and finding a job that can support us both. :D :D

Edited by aselano

8/10/08:

---seperated---

K-1 highlights (more details in profile):

11/24/06: NOA1 (Day 3)

12/19/06: NOA2 (Day 28)

2/28/07: Interview: approved! (Day 99)

4/15/07: Married, in a noreaster (Day 146)

AOS highlights (more details in profile, too):

6/20/07: AOS, EAD, and AP mailed

6/26/07: NOA1 (Day 6)

7/14/07: Biometrics (Day 24)

7/23/07: Recieved AOS RFE (dated 7/17) for W-2s, mailed them out the next day (Day 33)

7/27/07: RFE response received, processing resumed (Day 37)

8/14/07: AOS transferred to CSC (Day 45)

8/21/07: CSC received/is processing AOS (Day 52)

8/29/07: Welcome notice mailed! (Day 60)

8/31/07: Card production ordered! (Day 62)

9/11/07: Greencard in hand! (Day 73)

Note to self: lifting of conditions: May 25th, 2009

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Awesome news for you, and thank you so so much for sharing the info!

-12/15/06 Mailed off I-129F

-12/19/06 NOA1 via email

-01/05/07 NOA2 via email

-01/13/07 NVC notice via snail mail

-01/25/07 Packet 3 arrives.

-02/22/07 Packet 3 is mailed.

-03/02/07 Medical

-03/13/07 Packet 4 arrives.

-03/16-24/07 Honey visits.

-04/02/07 Interview(Approved)

-04/10/07 Visa arrives.

Filed: K-1 Visa Country: Brazil
Timeline
Posted

I've never heard of having to have your job for 3 months, what happens if someone gets a new, better job before the interview, they are suppose to turn it down, or ask the employer if they can hold the job for them until the visa process is over? :lol: I agree with the rest of the things she told you, but not sure about this one.

Hope you can find new work soon! :thumbs:

3dflagsdotcomusa2fawm8fa.gif 3dflagsdotcombrazi2fawm8bu.gif

NOA1 Date Received - 5/09/2006

Petition Transfered from NSC to CSC - 6/01/2006

Touched - 6/02/2006

Touched - 6/03/2006

IMBRA RFE Received - 06/30/2006 (Dated 06/23/2006)

IMBRA RFE Delivered - 07/01/2006 (USPS Next Day)

Touched - 07/03/2006 (Email saying they sent RFE)

Touched - 07/04/2006

Touched - 07/05/2006

Touched - 07/10/2006 (Recieved RFE Response)

Touched - 07/11/2006

Touched - 07/12/2006

Touched - 07/13/2006

Touched - 08/03/2006

NOA2 Approved - 08/03/2006

Touched - 08/06/2006

NVC Entered Case into System - 08/21/2006

Consulate in Rio de Janeiro confirms receipt - 08/29/2006 (may have arrived sooner, only got around to calling today).

Fiance sent Packet 3 to Embassy (Before she actually received it) - 09/01/2006

Fiance receives actual Packet 3 - 09/06/2006

Fiance receives Packet 4 - 09/22/2006

Medical Scheduled - 11/06/2006

Interview Scheduled - 11/07/2006

Fiance should be on her way to me! 11/10/2006

Visa Approved!

Filed: AOS (pnd) Country: Algeria
Timeline
Posted

ok here it goes... you only need to be 100% above the poverty guidlines for a non immigrant visa. you will want to meet 125% above the poverty guidelines because of when he gets here he will have to adjust status. also it goes by your household size which would include you him and if you have any children at all.

if your children do not live with you they are still counted as your household because the government considers you financially responsible for them. hope this helps

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Posted (edited)
Awesome news for you, and thank you so so much for sharing the info!

Thanks, and gladly! The people here have done so much to help me out, if I can help in any way in return I'd love to.

I've never heard of having to have your job for 3 months, what happens if someone gets a new, better job before the interview, they are suppose to turn it down, or ask the employer if they can hold the job for them until the visa process is over? :lol: I agree with the rest of the things she told you, but not sure about this one.

Hope you can find new work soon! :thumbs:

*shrug* That's just what she told me. It might different if the person evaluating the form could see a consistent history of work. But in my case, I'm a 21 year old college student and this is my first full time job. My previous job was a substitute position, and before that.... umm... I don't even REMEMBER what was before that. So maybe that's why she told me the 3 month thing.

ok here it goes... you only need to be 100% above the poverty guidlines for a non immigrant visa. you will want to meet 125% above the poverty guidelines because of when he gets here he will have to adjust status. also it goes by your household size which would include you him and if you have any children at all.

if your children do not live with you they are still counted as your household because the government considers you financially responsible for them. hope this helps

It would, if I were asking a question about that. But I was posting to share the response I got from an immigration attorney on the matter. ;) Thanks anyway though!

Edited by aselano

8/10/08:

---seperated---

K-1 highlights (more details in profile):

11/24/06: NOA1 (Day 3)

12/19/06: NOA2 (Day 28)

2/28/07: Interview: approved! (Day 99)

4/15/07: Married, in a noreaster (Day 146)

AOS highlights (more details in profile, too):

6/20/07: AOS, EAD, and AP mailed

6/26/07: NOA1 (Day 6)

7/14/07: Biometrics (Day 24)

7/23/07: Recieved AOS RFE (dated 7/17) for W-2s, mailed them out the next day (Day 33)

7/27/07: RFE response received, processing resumed (Day 37)

8/14/07: AOS transferred to CSC (Day 45)

8/21/07: CSC received/is processing AOS (Day 52)

8/29/07: Welcome notice mailed! (Day 60)

8/31/07: Card production ordered! (Day 62)

9/11/07: Greencard in hand! (Day 73)

Note to self: lifting of conditions: May 25th, 2009

Filed: K-1 Visa Country: Brazil
Timeline
Posted

Awesome news for you, and thank you so so much for sharing the info!

Thanks, and gladly! The people here have done so much to help me out, if I can help in any way in return I'd love to.

I've never heard of having to have your job for 3 months, what happens if someone gets a new, better job before the interview, they are suppose to turn it down, or ask the employer if they can hold the job for them until the visa process is over? :lol: I agree with the rest of the things she told you, but not sure about this one.

Hope you can find new work soon! :thumbs:

*shrug* That's just what she told me. It might different if the person evaluating the form could see a consistent history of work. But in my case, I'm a 21 year old college student and this is my first full time job. My previous job was a substitute position, and before that.... umm... I don't even REMEMBER what was before that. So maybe that's why she told me the 3 month thing.

Could very well be :thumbs:

3dflagsdotcomusa2fawm8fa.gif 3dflagsdotcombrazi2fawm8bu.gif

NOA1 Date Received - 5/09/2006

Petition Transfered from NSC to CSC - 6/01/2006

Touched - 6/02/2006

Touched - 6/03/2006

IMBRA RFE Received - 06/30/2006 (Dated 06/23/2006)

IMBRA RFE Delivered - 07/01/2006 (USPS Next Day)

Touched - 07/03/2006 (Email saying they sent RFE)

Touched - 07/04/2006

Touched - 07/05/2006

Touched - 07/10/2006 (Recieved RFE Response)

Touched - 07/11/2006

Touched - 07/12/2006

Touched - 07/13/2006

Touched - 08/03/2006

NOA2 Approved - 08/03/2006

Touched - 08/06/2006

NVC Entered Case into System - 08/21/2006

Consulate in Rio de Janeiro confirms receipt - 08/29/2006 (may have arrived sooner, only got around to calling today).

Fiance sent Packet 3 to Embassy (Before she actually received it) - 09/01/2006

Fiance receives actual Packet 3 - 09/06/2006

Fiance receives Packet 4 - 09/22/2006

Medical Scheduled - 11/06/2006

Interview Scheduled - 11/07/2006

Fiance should be on her way to me! 11/10/2006

Visa Approved!

Filed: Timeline
Posted (edited)

Erik,

Keep things in context, the 'totality of the circumstances' is significant.

aselano indicates that she was previously an unemployed college student now working what may be her first job. Someone in that situation needs to demonstrate that they can hold a job, and often entry-level jobs come with a 'trial period' (there's a better word for it, can't think of it at the moment). Someone with a longer and steady work history who has recently changed jobs to make a career advancement should not have a problem because they've just started that new job.

Yodrak

I've never heard of having to have your job for 3 months, what happens if someone gets a new, better job before the interview, they are suppose to turn it down, or ask the employer if they can hold the job for them until the visa process is over? I agree with the rest of the things she told you, but not sure about this one.

Hope you can find new work soon!

Edited by Yodrak
Posted

Erik: It works out well for me anyway because I need to get used to full time work being a consistent thing. It's a lot of stress, and I wouldn't want this combined with moving him here and marriage. Plus I really do need to put money in the bank, so the time will be good for that. Once we apply it'll probably be at least 3 months til his interview anyway, depending on VSC's mood, so we just won't put in the application til I've started my new job. :) We need time to gather things anyway.

Yodrak: Yes that's what I think it is. This isn't my first job, persay, but it's my first full-time job, which is probably what you meant. :) Like I said to Erik, I need the time as much as they need to see it anyway. :)

8/10/08:

---seperated---

K-1 highlights (more details in profile):

11/24/06: NOA1 (Day 3)

12/19/06: NOA2 (Day 28)

2/28/07: Interview: approved! (Day 99)

4/15/07: Married, in a noreaster (Day 146)

AOS highlights (more details in profile, too):

6/20/07: AOS, EAD, and AP mailed

6/26/07: NOA1 (Day 6)

7/14/07: Biometrics (Day 24)

7/23/07: Recieved AOS RFE (dated 7/17) for W-2s, mailed them out the next day (Day 33)

7/27/07: RFE response received, processing resumed (Day 37)

8/14/07: AOS transferred to CSC (Day 45)

8/21/07: CSC received/is processing AOS (Day 52)

8/29/07: Welcome notice mailed! (Day 60)

8/31/07: Card production ordered! (Day 62)

9/11/07: Greencard in hand! (Day 73)

Note to self: lifting of conditions: May 25th, 2009

Filed: K-1 Visa Country: Brazil
Timeline
Posted
ok here it goes... you only need to be 100% above the poverty guidlines for a non immigrant visa. you will want to meet 125% above the poverty guidelines because of when he gets here he will have to adjust status. also it goes by your household size which would include you him and if you have any children at all.

if your children do not live with you they are still counted as your household because the government considers you financially responsible for them. hope this helps

Actually, each consulate has a difference policy regarding the poverty thing. In Brazil, for example, we use I-134 (unlike El Salvador or New Zealand, for example), and the sponsor is asked to be 125% above the porverty guideline.

I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

Posted

ok here it goes... you only need to be 100% above the poverty guidlines for a non immigrant visa. you will want to meet 125% above the poverty guidelines because of when he gets here he will have to adjust status. also it goes by your household size which would include you him and if you have any children at all.

if your children do not live with you they are still counted as your household because the government considers you financially responsible for them. hope this helps

Actually, each consulate has a difference policy regarding the poverty thing. In Brazil, for example, we use I-134 (unlike El Salvador or New Zealand, for example), and the sponsor is asked to be 125% above the porverty guideline.

You know, I read samir_shannon's comment wrong before. The lawyer told me 125% for the interview, not 100%. Maybe it's just the French consulate's rules. *shrug* :)

8/10/08:

---seperated---

K-1 highlights (more details in profile):

11/24/06: NOA1 (Day 3)

12/19/06: NOA2 (Day 28)

2/28/07: Interview: approved! (Day 99)

4/15/07: Married, in a noreaster (Day 146)

AOS highlights (more details in profile, too):

6/20/07: AOS, EAD, and AP mailed

6/26/07: NOA1 (Day 6)

7/14/07: Biometrics (Day 24)

7/23/07: Recieved AOS RFE (dated 7/17) for W-2s, mailed them out the next day (Day 33)

7/27/07: RFE response received, processing resumed (Day 37)

8/14/07: AOS transferred to CSC (Day 45)

8/21/07: CSC received/is processing AOS (Day 52)

8/29/07: Welcome notice mailed! (Day 60)

8/31/07: Card production ordered! (Day 62)

9/11/07: Greencard in hand! (Day 73)

Note to self: lifting of conditions: May 25th, 2009

Filed: K-1 Visa Country: Brazil
Timeline
Posted
Actually, each consulate has a difference policy regarding the poverty thing. In Brazil, for example, we use I-134 (unlike El Salvador or New Zealand, for example), and the sponsor is asked to be 125% above the porverty guideline.

Different policy. Damn spelling...

I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

ok here it goes... you only need to be 100% above the poverty guidlines for a non immigrant visa. you will want to meet 125% above the poverty guidelines because of when he gets here he will have to adjust status. also it goes by your household size which would include you him and if you have any children at all.

if your children do not live with you they are still counted as your household because the government considers you financially responsible for them. hope this helps

Actually, each consulate has a difference policy regarding the poverty thing. In Brazil, for example, we use I-134 (unlike El Salvador or New Zealand, for example), and the sponsor is asked to be 125% above the porverty guideline.

You know, I read samir_shannon's comment wrong before. The lawyer told me 125% for the interview, not 100%. Maybe it's just the French consulate's rules. *shrug* :)

The 100% is ONLY for ACTIVE DUTY MILITARY. I don't know why people keep throwing that number out there. Regardless, 125% is required for AOS, unless, once again, the sponsor is Active Duty.

The word Yodrak was looking for is "Probation Period".

K-1 Timeline

11-29-05: Mailed I-129F Petition to CSC

12-06-05: NOA1

03-02-06: NOA2

03-23-06: Interview Date May 16

05-17-06: K-1 Visa Issued

05-20-06: Arrived at POE, Honolulu

07-17-06: Married

AOS Timeline

08-14-06: Mailed I-485 to Chicago

08-24-06: NOA for I-485

09-08-06: Biometrics Appointment

09-25-06: I-485 transferred to CSC

09-28-06: I-485 received at CSC

10-18-06: AOS Approved

10-21-06: Approval notice mailed

10-23-06: Received "Welcome Letter"

10-27-06: Received 2 yr Green Card

I-751 Timeline

07-21-08: Mailed I-751 to VSC

07-25-08: NOA for I-751

08-27-08: Biometrics Appointment

02-25-09: I-751 transferred to CSC

04-17-09: I-751 Approved

06-22-09: Received 10 yr Green Card

N-400 Timeline

07-20-09: Mailed N-400 to Lewisville, TX

07-23-09: NOA for N-400

08-14-09: Biometrics Appointment

09-08-09: Interview Date Oct 07

10-30-09: Oath Ceremony

11-20-09: Received Passport!!!

Filed: Timeline
Posted
The 100% is ONLY for ACTIVE DUTY MILITARY. I don't know why people keep throwing that number out there. Regardless, 125% is required for AOS, unless, once again, the sponsor is Active Duty.

The word Yodrak was looking for is "Probation Period".

Why mess around? CYA for 125%!!!

Probation period or temp-to-perm!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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