How strict is the Costa Rican Embassy?

[Liz_Allan 0]

We’re writing to talk about a concern in hopes that you veterans can give us some advice. We are currently waiting on NOA2 for our K-1 (I-129F) application.

I understand that I can have a co-sponsor to help us with the income levels required for approval. What I do not quite understand is how “picky” are the Officers about which party in the application makes the majority of the income?? I am a college student and therefore don’t make much money. My dad is very happy to be a co-sponsor with me, but I’m getting nervous about if we will likely be approved or not since I am not the one with the main income on this petition.

Here are our figures, please give us your best idea of whether you think we’ll be approved. The new job I’m currently doing is permanent part time employment and I’m sure I’ll have a job for a long time (even if I am beginning to hate it).

I have been offered an opportunity to take a paid internship job, but that job will NOT be a permanent one. It does appeal to me, however, because it is in my career field and is a great opportunity. IF I take this internship job, my 2010 income will likely be the same as or maybe even lower than my 2009 income, another thing that concerns me. We are SURE (both myself and my mom/dad) that my fiancé will NEVER become a public charge, but convincing the interviewing officer of that fact is what we are concerned about.

IF we look at the sheer numbers alone, my dad’s income is more than sufficient to qualify for approval. What concerns us is we don’t know how “particular” or “picky” the interviewing officer will likely be. Yes we do have tax transcripts ready for both my income and my parent’s income (with my mom’s income showing there also). If you look at the figures below, you can see my dad's income alone is enough to follow the letter of the law, but we know that a lot of the process is up to the officers, if they do not believe it will work out income-wise, then they have the authority to deny the application. We WILL be married no matter what happens at that interview, we'd just like someone else's experienced opinion of how likely we are to be approved.

We are interviewing in Costa Rica and our POE will likely be Denver, Atlanta or Chicago. (We’re avoiding Houston & the very grumpy officer who was there when my fiancé came for a visit in December. )

Added to our confusion is the fact that my mom & dad have joint income taxes, but my mom is self employed so we had planned on just having my dad (the largest income) as the co-sponsor. We’re also thinking ahead beyond the interview to the AOS process once we are married. From reading on the boards, we think we understand that the income requirement for AOS application is a bit higher, so that adds to the concern.

Below are the income figures, please give us your best advice.

Do you think we even need another co-sponsor in addition to my dad?

Do you think (from personal experience or other cases you’ve known) I would be “shooting myself in the foot” if I were to take this internship, knowing it is not a permanent job and I could be showing less income once we get to AOS if I am not able to find another similarly paid job? I do have part time jobs but nothing that will show a W-2 if I drop the new job.

How picky do you think the interviewing officer will be, considering the primary income for support is not mine but my dad’s income? Of course we’ll have all the necessary paperwork, but my dad won’t be going to the interview, it will be just me & my fiancé.

If you think we need to have additional income over and above my dad's, would we be best served to add my mom (spouse of co-sponsor) as another sponsor for the K-1 interview process or is that not possible? (confused about that too)

Am I worrying about nothing? (not uncommon but since this is so new, I don’t even know how concerned we should be) Maybe we’re thinking too much? Typical of both mom & myself sometimes, lots of us women tend to do that.

Income figures:

My (Petitioner) 2009 income $4,690

(College student, W-2s available from 2009, new job since 2009 is $11,900 annually)

Dad (Co-Sponsor) personal income $48,800

(W-2s available from 2009)

Combined total (without Co-Sponsor’s spouse) $53,490

(with income from my new job $60,700)

Mom’s (Spouse of Co-Sponsor) income $17,800

(Self Employed, no W-2s but we could possibly add her income into the figures)

Total household size- 6 (including beneficiary)

100% of Poverty guidelines $29,530

125% of poverty guidelines $36,912

150% of poverty guidelines $44,295

Our plans are to live in my parent's garage apartment until we can save enough to get our own place, we can live there as long as we want. (A blessing, we know.) My fiance is bilingual and has done lots of work in Costa Rica as a call center representative so we're sure he can get a job here once his EAD/green card is approved as there are jobs posted every day in our area for bilingual call center reps. We just don't know what that income would be so we're not even counting on that.

I apologize in advance if this is the wrong forum for these questions, just didn't know where else to post it.

Please let me know what you think and I appreciate ALL the time you’ve taken to read and to respond.

[Liz_Allan 0]

I apologize in advance if this is the wrong forum for these questions, just didn't know where else to post it.

Did I post in the wrong forum? Sorry if I did. Please let me know what other forum I should post at if this is the wrong one?

Thanks!

[mike101 8]

Hi liz

my advice would be to make sure you include enough documents to support your parents income.

Id be sure to include the following for all the co-sponsors:

letter from your employers stating time with the company, job title, salary, full time status, etc..

Pay stubs for the last 3 months

bank account statements for last 3 months

tax returns for past 2 years

statements for savings or stock values if you have them

Again just make sure you have enough proof and you should be good

[Married2aTico 0]

While finances were not an issue for me (been on my own working for a while), I tend to feel that the straight numbers should not be an issue for you. I would not turn down a career opportunity (internship) because you are worried about numbers. The Embassy is reasonable and will understand that you are a student, so obviously the majority of the income will not be yours. If anything, they may want to speak with your father via phone just to confirm he understands his commitment. Having parental sponsors is very common!

From experience (we were the last interview of the day and overheard almost every single one before ours), focus on proving the validity of your relationship over finances. You had a short courtship and are still completing your studies. None of these are bad things!!! Just be aware that the interviewer may question you about them. Both of you will be there, right? That is KEY in San Jose.

Edited April 22, 2010 by Married2aTico

[Liz_Allan 0]

While finances were not an issue for me (been on my own working for a while), I tend to feel that the straight numbers should not be an issue for you. I would not turn down a career opportunity (internship) because you are worried about numbers. The Embassy is reasonable and will understand that you are a student, so obviously the majority of the income will not be yours. If anything, they may want to speak with your father via phone just to confirm he understands his commitment. Having parental sponsors is very common!

Thank you so much, it really helps to know that you have been there at that embassy. I know the different embassies vary in what they might think is acceptable so that's why I posted to the regional forum. Thanks also for the thoughts on the numbers.

Dad is planning on completing that joint sponsor form (I forget the number right now, maybe something about 325a??). Do you think he needs to have anything else filled out/notarized, etc before I leave? I would hate to have the interview and realize I needed something else.

From experience (we were the last interview of the day and overheard almost every single one before ours), focus on proving the validity of your relationship over finances.

Thanks for this, I hadn't thought about it, but my mom is working on a photo book with pictures of us together so I can take it with me. This will include (among other photos) the newspaper announcement of our engagement, the church bulletin where he preached which announced our engagement, about 2 dozen photos of him and I together while he was here, photos of events with all my family who met him over the holidays, etc.

Do you think that type of evidence, along with transcripts of our Skype conversations, emails we've sent and letters I've mailed him thru the postal mail will be enough to convince them if I am there in person at the interview, also? If not, what else can we use? I guess my mom could write him a letter, too, they have a really good relationship and she does that anyway with emailing him.

We do have a ring, it is not a big flashy engagement ring as we're missionaries & just don't have the desire to buy a diamond ring. Plus I'm sorry to say I lost the receipt before I realized I needed to keep it. But I wear it all the time, that is my engagement ring. Just don't have a receipt.

Any other tips on proving our relationship is valid?

Both of you will be there, right? That is KEY in San Jose.

YES, definitely I will be there!!!! Did you have any options as far as your appointment date? Meaning, did they set your appointment date REALLY SOON after they received your packet? I'm wondering how much time I'll have to get a ticket and arrive there, as there are not a lot of flights from my area to San Jose. Have to be sure to plan ahead as much as we can. I'd hoped to fly Frontier but their seasonal flights to San Jose ends in August so since I don't know when we will have the interview, obviously it's too soon to buy the ticket.

Any flight or airline recommendations?

Thanks sooo much for all the help you have both given me, I'm feeling a little better now.

[Liz_Allan 0]

Hi liz

my advice would be to make sure you include enough documents to support your parents income.

Id be sure to include the following for all the co-sponsors:

letter from your employers stating time with the company, job title, salary, full time status, etc..

Pay stubs for the last 3 months

bank account statements for last 3 months

tax returns for past 2 years

statements for savings or stock values if you have them

Again just make sure you have enough proof and you should be good

We have those things except the stock values. Do you really think those are needed since their income is well above the guidelines?

Also, do you think I should use my mom as another co-sponsor or is that too much info to give them?

I just don't want to go down with too little info. At the same time, I don't want to go down and give them too much.

Thanks so much for the input, we'll for sure have all the info, not sure about the stock stuff but will have to talk to my dad about that.

[Married2aTico 0]

Thank you so much, it really helps to know that you have been there at that embassy. I know the different embassies vary in what they might think is acceptable so that's why I posted to the regional forum. Thanks also for the thoughts on the numbers.

Dad is planning on completing that joint sponsor form (I forget the number right now, maybe something about 325a??). Do you think he needs to have anything else filled out/notarized, etc before I leave? I would hate to have the interview and realize I needed something else.

I am not 100% sure, but I think the joint sponsor form may need to be notarized.

Thanks for this, I hadn't thought about it, but my mom is working on a photo book with pictures of us together so I can take it with me. This will include (among other photos) the newspaper announcement of our engagement, the church bulletin where he preached which announced our engagement, about 2 dozen photos of him and I together while he was here, photos of events with all my family who met him over the holidays, etc.

Do you think that type of evidence, along with transcripts of our Skype conversations, emails we've sent and letters I've mailed him thru the postal mail will be enough to convince them if I am there in person at the interview, also? If not, what else can we use? I guess my mom could write him a letter, too, they have a really good relationship and she does that anyway with emailing him.

We do have a ring, it is not a big flashy engagement ring as we're missionaries & just don't have the desire to buy a diamond ring. Plus I'm sorry to say I lost the receipt before I realized I needed to keep it. But I wear it all the time, that is my engagement ring. Just don't have a receipt.

Any other tips on proving our relationship is valid?

Not sure how far your mom has gotten on the album and regardless it will be meaningful to you, but a suggestion is to make an album through one of the online sites. A smaller size is good b/c you will need to hand all you evidence under the glass. I made an 8x8 of pictures taken over time with FAMILY and FRIENDS - pretty cheap and not too labor intensive. Be sure to put captions: what, when, who in picture - this makes it all very easy for the lovely lady at the Embassy.

If the agent does not suspect fraud, she will probably ask for very little actually. She may want to see both passports, as this is the only way to truly verify trips. She may ask some questions to either one of you about the other's family just to make sure you really do know each other!

Another suggestion - do you know who will marry you yet? Might be helpful to take a letter from that person. No worries if not! The ring is not important.

One of the most key things is being able to prove that you can communicate. It appears your fiance speaks English, so you should be fine there.

YES, definitely I will be there!!!! Did you have any options as far as your appointment date? Meaning, did they set your appointment date REALLY SOON after they received your packet? I'm wondering how much time I'll have to get a ticket and arrive there, as there are not a lot of flights from my area to San Jose. Have to be sure to plan ahead as much as we can. I'd hoped to fly Frontier but their seasonal flights to San Jose ends in August so since I don't know when we will have the interview, obviously it's too soon to buy the ticket.

Any flight or airline recommendations?

Thanks sooo much for all the help you have both given me, I'm feeling a little better now.

In San Jose, your fiance (or you, which is my suggestion) will call to set your own appointment. Generally the earliest would be within two weeks of picking up the packet, but you can push it out a bit more. They are pretty accomodating.

Make sure they have a good phone number for him b/c that is how they will advise him to come and get the packet. When they call, they will set a time for him to come pick it up. Everything that needs to be done can easily be done within two weeks or less.

Where are you flying from? I am within range of NYC, so I can fly direct with Continental and Taca. Will you be bringing your fiance back with you?

TRY NOT TO STRESS!!! It will all work out and, after all this waiting for the 3-5 minute interview you will likely have, you will laugh about it one day!

[Liz_Allan 0]

In San Jose, your fiance (or you, which is my suggestion) will call to set your own appointment. Generally the earliest would be within two weeks of picking up the packet, but you can push it out a bit more. They are pretty accomodating.

Make sure they have a good phone number for him b/c that is how they will advise him to come and get the packet. When they call, they will set a time for him to come pick it up. Everything that needs to be done can easily be done within two weeks or less.

Where are you flying from? I am within range of NYC, so I can fly direct with Continental and Taca. Will you be bringing your fiance back with you?

TRY NOT TO STRESS!!! It will all work out and, after all this waiting for the 3-5 minute interview you will likely have, you will laugh about it one day!

Thank you so much! (Mom of the bride/petitioner here with another question.) Gee you guys & gals are very patient, hope we can pass along the same sort of help later to someone else.

Liz got a great new job, it will be a LOT more money. SO, in light of that income, I'm wondering if I (self employed & no W-2s) even should be sending in my support, since she has her dad as co-sponsor for Affadavit of Support type document?

Income figures:

Liz(Petitioner) 2009 income $4,690

(College student, W-2s available from 2009)

Her NEW Job is $20,000 annually.

Dad (Co-Sponsor) personal income $48,800

(W-2s available from 2009)

Combined total for 2009 (without mom) $53,490

(2010 projections with income from new job $68,800)

Total household size- 6 (including beneficiary)

100% of Poverty guidelines $29,530

125% of poverty guidelines $36,912

150% of poverty guidelines $44,295

SO based on poverty guidelines, to me it does NOT look like they (daughter & fiance) will even need my income since they will have dad as co-sponsor. They will live in the garage apartment rent free anyway until they can afford their own place, but I don't even know that they *need* a cosponsor, we're just being extra careful as she only just started the job.

What do you experienced folks think? Are they likely to be denied based simply on the newness of the job, as long as she has an employer letter?

Do you think we need to do anything extra (other than what you've already advised)?

Should I leave off my income, as it is a bit more complicated with all the bank statements needed and etc?

As far as POE, we are thinking Denver as he had a bad experience in Houston over the holidays when he was entering on a Religous worker visa (preaching here at 2 venues in Dec/Jan). That ICE/Customs/Officer fellow seemed to be angry before he even asked questions and when he (the officer) called me to ask on the Visa, he was extra gruff, insinuating that he was not here to preach/religious duties. We breathed a big sigh of relief when he was allowed in but now we're kinda wondering about other POEs as they might just be easier.

So since the Denver POE looks good and the fares through Frontier seem to be good, Denver might be where they enter. Flying to the next airport after Denver, but POE would be Denver.

Thank you so much for the input, it is so VERY helpful!!

[K and L 27]

Because they tend to look at the previous year's taxes rather than the current situation, it would probably be better to bring the cosponsorship documents with in case they reject the current situation (even with employment offer letters and pay stubs).

ETA: However, that said, if they hold off on filing for the AOS until they have filed for tax year 2010 (in 2011, as early as possible), they might be able to squeak by the AOS without having to get a joint sponsor. But given the amount is barely over the 125% poverty line to begin with, and not working a full year, they will quite possibly still need a joint sponsor at AOS.

Edited May 13, 2010 by K and L

[Liz_Allan 0]

Because they tend to look at the previous year's taxes rather than the current situation, it would probably be better to bring the cosponsorship documents with in case they reject the current situation (even with employment offer letters and pay stubs).

ETA: However, that said, if they hold off on filing for the AOS until they have filed for tax year 2010 (in 2011, as early as possible), they might be able to squeak by the AOS without having to get a joint sponsor. But given the amount is barely over the 125% poverty line to begin with, and not working a full year, they will quite possibly still need a joint sponsor at AOS.

Hi K & L

Thanks for the info. Mom of Liz here, we're brushing up on all our documents for the interview and had another thought...

Wondering if you have an opinion as to if it will be enough for her dad to just use his income as co-sponsor for the interview or do we need to look for more co-sponsors?

Dad (Co-Sponsor) personal income $48,800 with total of 6 dependents (if we count Dad, Mom, younger sister, younger brother, Liz and Allan.)

So it would appear Dad's income alone is over the 125% guidelines. Adding Liz's income would push it over the top a bit more of course, depending on if they take her employment letter as evidence or if they want to use just the previous year's tax returns while she was a college student. Now that she's employed full time she'll make more but won't have tax statements until next year of course.

Liz and Mom are only partially dependant on dad, not sure how they guage partial dependent but I do have my own income of about $15K annually working part time.

I can come up with bank statements for my income but as I'm self employed (transcription) there is NO W-2 to show.

We do have tax transcripts and our copies of our e-filed taxes as well as W-2 forms, plus Dad's employment letter has been requested so we will have that also.

ANYONE who has an idea or opinion on this, please feel free to reply. Just trying to "dot our I's and Cross our T's" before they get to the interview in San Jose.