I AM SO LOST. Beware of language.

[Alicey 6]

Hi everyone,

First off, I am normally a very calm and happy person and this is so unlike me. But USCIS have pushed me right to the edge and I can't cope anymore. I want to be back in the US with the man I love and they're doing everything they can to stop me.

It's not enough to charge us $455 just to file the initial I-129F, which is nothing but a REQUEST to ASK for a visa. They then have to reduce that fee, just a few weeks after we've filed it, for everyone else. It's not enough to charge me $350 for my interview, whether I get the visa or not. On top of £200 ($300) for a medical exam I could have for free with my own doctor - oh but no, it HAS to be YOUR doctor. When I arrive in the U.S. - assuming by that point I haven't wound up in a cell for storming the gates of the embassy with a gun - they want to charge me $1070 to fill out another form and have ANOTHER, completely unecessary but absolutely compulsory, medical exam.

On Christmas Eve I received my I-797 (I think that was what it was called) or approval notice. It had NO instructions on it but said to follow any instructions listed. I called both USCIS and the London Embassy and was told this:

I have to file the DS230 part 1; the DS156 and DS156K; DS157; DS2001K and the I-864. The I-864 is also called the I-134. I have to pay a $350 MRV fee for my interview, which I pay on the day. I can work from the moment I land in the U.S.

That seemed a little too good to be true, when I thought about it. So I called back to double-check and obviously was put through to someone else.

They told me: I have to pay the MRV fee BEFORE my interview and as soon as possible; I have to file the I-765 when I get married in order to work; no I can't work while I'm in the U.S. but we haven't married yet; I have to file all those forms and have an interview THEN have a medical exam.

I've lost count of how many people I've spoken to since who have told me completely different things. But today was the end of it.

My fiance doesn't earn 125% of the poverty line. We were waiting on him to get a bonus from the army thinking he would have enough in his accounts then to satisfy USCIS. While we were waiting we found out it isn't and we need a co-sponsor. So all of those forms listed (except the I-765) are sitting right beside me now, signed and filled out ready for my interview. Apart from two pages of the I-864: the one with his bank details and the one with a co-sponsor.

Today I made the mistake of calling USCIS, thinking I'd see if I can pay the MRV fee so it's out of the way and not going to delay me getting an interview and ultimately a visa. The guy I spoke to today told me I can pay the MRV fee now but it processes immediately (so it won't hold up our visa and there's no real need to pay it now); my visa 'may or may not be approved' if my fiance doesn't earn 125% of the poverty line and we don't have a sponsor; and oh by the way, no you don't need to file those forms. You don't file the I-864 but the I-134.

So they're telling me that the forms I've painstakingly filled out since Christmas Eve aren't the right forms. They're telling me the forms that Justin and I lost sleep over, argued over and came close to giving up over are irrelevant. They're telling me that it doesn't matter what another U.S. Embassy official told me, this is what I'm being told now and that's what I should listen to.

Well I've just LOOKED at the I-864 and the I-134 and they're COMPLETELY different. Most importantly, the I-134 doesn't have any option anywhere for a co-sponsor.

FOR GOD'S SAKE THEY ARE PROFESSIONALS. THEY ARE SUPPOSED TO BE THE PEOPLE WHO KNOW WHAT THEY ARE DOING.

I am SICK of being told different things by everyone. I am SICK of the so-called professionals not knowing the answers to my questions. I can't take any more of this.

WHAT do I do now? We have filed the I-129F. That was back in October. We asked to put a rush on the visa because my fiance was told he's deploying to Afghanistan. We're up to the point now where we've received our approval notice and I'm just waiting on my interview.

WHAT DO I DO? I don't trust USCIS anymore. They've done nothing but make things worse.

When do I pay the MRV fee?

What forms do I need to file now?

When do I have my medical?

Can we still get someone to sponsor us?

How does that work? The I-864 makes it seem to be something like this: my fiance and I are going to have a household size of 2, so we need to earn x amount. If we don't, we can get a co-sponsor. But their eligibilty depends on their household size, COMBINED with ours. For example, the people we are thinking of are my fiance's oldest family friends. Both of them were married before they met each other so they each have 2 children. They may make quite a bit of money, but if they sponsor us it means the household size will be 8 (the husband; his two children; wife; her two children; my fiance and I) and so they need to be LOADED to sponsor us.

I have never been so lost and disheartened all my life. Please help

Thank you.

[faust-yusov 103]

You don't have to include yourself in the household size - just their household, plus your fiance.

So the household size of your fiance's friends would be 7. You can find the poverty level guidelines here: http://www.uscis.gov/files/form/i-864p.pdf

Remember that your fiance also receives a concession on account of his being enlisted with the Armed Forces.

Edited February 1, 2011 by faust-yusov

[YuAndDan 153]

Moving this to Consulate Embassy forum..

Cosponsor simply provides an I-134, what is happening at the consulate is they see petition does not make enough to sponsor, so use the co-sponsor instead.

Later when adjusting status you will use I-864 and joint sponsor also I-864.

You think the fees so far are bad, try another $1070 to adjust status and get green-card.

Lower cost to marry first, and then apply for a CR1 spouse visa, K-1 is COSTLY

NOTE: I-765 should not be filed before marriage, FEE is an additional $350 or so, and expires 90 days after arival. File this WITH I-485 when adjusting status, this results in a 2 year EAD, that gets replaced when green-card arrives, no fee when filed with I-485.

If wanting to work up arrival to USA, a CR-1 spouse visa is the better option, it gets green-card status the moment they arrive, K-1 does not an can remain unemployable for 4-6 months or more.

Edited February 1, 2011 by YuAndDan

[Inky 1,110]

You don't have a second medical when you are in the USA?

You cant work right after you get here you have to apply for AOS after your married and get your EAD card or green card to be able to work.

The 864 is for AOS not the Visa interview - thats the 134 - they are completely different forms.

[faust-yusov 103]

You don't have a second medical when you are in the USA?

You cant work right after you get here you have to apply for AOS after your married and get your EAD card or green card to be able to work.

I have heard mutterings on the forums that at certain points-of-entry CBP officers will issue a 90 day work permit on request.

Perhaps someone with a little more knowledge can confirm/deny this? Cheers.

Edited February 1, 2011 by faust-yusov

[Inky 1,110]

I have heard mutterings on the forums that at certain points-of-entry CBP officers will issue a 90 day work permit on request.

Perhaps someone with a little more knowledge can confirm/deny this? Cheers.

No not for K-1, even if you get stamped, a K-1 is NOT legal to work without an EAD or a green card.

[YuAndDan 153]

No not for K-1, even if you get stamped, a K-1 is NOT legal to work without an EAD or a green card.

Correct, the I-9 used for employment verification specifies PHOTO-EAD card or Green-Card. The stamp wont do. Edited February 1, 2011 by YuAndDan

[JimVaPhuong 4,863]

Correct, the I-9 used for employment verification specifies PHOTO-EAD card or Green-Card. The stamp wont do.

Actually, the I-9 says they can accept the stamp, but only with an immigrant visa.

@Alicey, your problem is that you've been talking to low level bureaucrats about a process few of them actually understand. This is comparable to calling a doctor's office and asking the administrative assistant how to perform open heart surgery. Even the people who actually deal with the various petitions and applications won't have much information about parts of the immigration process they don't deal with. For instance, you wouldn't call USCIS and speak to an immigration officer in order to get information for how to prepare for an interview at a US consulate.

US Department of Homeland Security has a big fat manual full of policies and procedures for handling petitions and applications for USCIS. This is called the Adjudicators Field Manual. US Department of State has another big fat manual full of policies and procedures for handling petitions and applications for US consulates. This is called the Foreign Affairs Manual. On top of this mess, each USCIS service center and field office has it's own office wide policies established by the director of that office, and each US consulate has it's own policies established by the visa section chief and Consulate General.

There are many thousands of attorneys in the United States who make a very good living helping their clients navigate the minefield that is US immigration law, and departmental policies and procedures. For those who don't feel like feeding the sharks, there are sites like VJ. The parts of each stage in the process which are common to everyone are outlined in the guides - link at the top of every page. The parts of each stage that are unique to a specific consulate or service center can be found by reading the appropriate sub-forums, as well as the embassy and service center reviews.

This may sound incredibly trite, but the last people you should ask for help in dealing with the US government is the US government themselves.

Everything you need to know is here. You just need to take some time and read it.

Good luck.

[Gary and Alla 3,694]

I have heard mutterings on the forums that at certain points-of-entry CBP officers will issue a 90 day work permit on request.

Perhaps someone with a little more knowledge can confirm/deny this? Cheers.

CBP does not issue work permits. The stamp they give is only valid with certain work authporized visas. The K-1 is not a work visa and K-1s CAN NOT work without getting an EAD. Figure 2-4 months after arrival to get an EAD IF you get married quickly and file the AOS right away.

The K-1 is not a work visa and not a good visa for someone that needs to work shortly after arrival. For that purpose it is better to get married first and then file for the CR-1

Edited February 2, 2011 by Gary and Alla

[Mike&Cherry 45]

My fiance doesn't earn 125% of the poverty line. We were waiting on him to get a bonus from the army thinking he would have enough in his accounts then to satisfy USCIS. While we were waiting we found out it isn't and we need a co-sponsor. So all of those forms listed (except the I-765) are sitting right beside me now, signed and filled out ready for my interview. Apart from two pages of the I-864: the one with his bank details and the one with a co-sponsor.

I noticed you said your fiance is in the Army. I'm pretty sure that he only needs to make 100% of the poverty guideline, not 125%, since he is in the military. Please someone correct me if I am wrong. Does your fiance meet 100% of the poverty guideline? I'm sorry to hear that your having so much difficulty; I hope everything works out with good results. Stay strong.

[Messybrownhair 251]

Hey, I am a recent Manila k1 approval. These are what I brought (its specific to my case, so adjust to yours accordingly, just use it as a guide)

Take note that my fiance is also military and also doesn't have a salary above the poverty line, we used a co-sponsor (his dad)

Passport

DS-156 (2)

DS-157 (2)

DS-156K

My certified birth certificate

Police clearances from Manila and China (I stayed in China for 2 years)

Certificate that I had never been married- CENOMAR (This might be a Phil requirement only)

Evidence of a Meeting:

Certificates showing we both studied in China from Fudan University

Passport Stamps and Plane tickets showing his visits to Mla and China, and my visit to the US

Tons of Photos

Evidence of Relationship:

Emails

Handwritten Letters

My correspondence with his family

Engagement Ring Receipt

Statement from both our parents

Phone Records

Photos

Skype records (Skypelogview)

Evidence of Support:

From TIM I have:

I-134, bank records, military orders, letter from employer, paystubs and diploma showing 2010 graduation- hence we dont have tax returns yet

Co-sponsor, dad- I-134 and 1 year of tax returns

Best of luck and don't lose hope! We all go crazy at one point or another in this process

[DanTes 21]

I noticed you said your fiance is in the Army. I'm pretty sure that he only needs to make 100% of the poverty guideline, not 125%, since he is in the military. Please someone correct me if I am wrong. Does your fiance meet 100% of the poverty guideline? I'm sorry to hear that your having so much difficulty; I hope everything works out with good results. Stay strong.

You are correct about 100% for active duty military.

[Aztec&Taino 144]

Alicey,

First of all, I want you to know that I sympathize with you, your situation, and your frustration. I can say that love makes us do crazy things such as figuring out how to navigate the immigration process! Once I became a US citizen (naturalized) I thought, "How great! I will finally be done with immigration processes forever!" Look at me now, I am in the midst of it again just because I fell in love with a foreigner! I hope that knowing that many people have successfully come out of the other end of the maze that the immigration process is can give you strength. Having said this, I completely agree with JimVaPhuong's post (his posts are always so well written and offer wonderful advice). You would be better of to post your question(s) and ask consulate specific questions to other UK VJ members than to ask low level officials, or more like customer representatives at call centers. Have you befriended UK VJ members, particularly those who are farther along in the process and who could help you with your specific questions? I have befriended a few DR members who have given me advice and encouragement particular to the consulate my fiance and I will have to overcome. I would advise you to do the same.

Best wishes!

Edited February 2, 2011 by Aztec&Taino

[DanTes 21]

100% of poverty level for 2010 for household size of 2 is $14,570.

[Alicey 6]

Hi everyone,

Thanks so much for your replies, and for the speed of them. I didn't expect that!

Bad news is that yes he is in the army but he's not active duty, so he does have to make 125% of the poverty line, not 100%. He's at university on an army scholarship, so technically all he makes is his monthly drill pay, which works out to be less than $5000/year. However his scholarship pays EVERYTHING for him - even meals, clothing allowance, books, tuition, housing, everything - so he has no expenses. If we can prove that, will that count for anything to USCIS?

So it sounds like I have to get each sponsor to fill out an I-134. That seems to make sense. And I then bring it with me to the interview?

This is what I'm really confused about. Ok, so I file the I-864 after I get to the U.S. (right?). So technically I don't need to worry about it now. But take a look at page 3 of the form: http://www.uscis.gov/files/form/i-864.pdf , question 21. My fiance and I are looking at having two sponsors: one of the oldest family friends, and my fiance's sister. So surely for the family friend the household size number would be 5 (her; me; her husband and her two children), and for my fiance's sister it would be 3 (her; me, my fiance her sibling). You don't count anyone twice but surely that means that between myself and my fiance, my fiance's sister and family friend, we have a 'household size' of 7 (family friend; family friend's husband; family friend's two children; me; my fiance; my fiance's sister) and between us have to make $41,587? Regardless of when I file that form, surely the I-134 follows the same guidelines.

In other words, it's not a case of "well his sister's household size is 3 but she doesn't quite make $22,887, so let's get another sponsor too", because the more sponsors we have the money there needs to be? It's not like "we don't make $18,212 between us so we just need to find someone who makes more than the difference between what we make and what we need to make".

Do you see why I'm SO CONFUSED?

Thank you all for your help. It's been so comforting.