Oy vey...what to do?

[yailukmuu 26]

Poverty level for a family of three is: $17,607 x 1.25 (factor) = 22,009 x 5 (5 year support) = $110,045 (from US census 2010 data)

Petitioner has 229k net assets which is the sum of real estate (deducting debt) savings; stock, other liquid assets ect.

Therefore Petitioner has over 2x the necessary amount required in assets as is required.

However the petitioner is unemployed as of late last year.

From “Some tips on the affidavit of support” here at Visajourney.com:

“The USCIS looks VERY CLOSELY at current income and not just the assets.”

The Petitioner (me) is a sub-specialty RN, an Occupational Health Nurse that works in industry. Past jobs include plant nurse Ruger (gun manufacturer); FiberMark (a paper mill); and plant nurse and clinical supervisor at a unit of GM (the auto maker). I hold a lot of credentials and have a lot of skill—in industry. Plain and simple: Hospitals don’t want me. My job is as different as a plumber’s is to an beekeeper.

I could take a very substandard nursing job, far removed from my career, and take at a ~$20k annual salary drop, or go back to college and get a ANP (Advanced Nurse Practitioner) degree in two years, at no cost, and probably even collect a small monthly stipend (~$800 thanks to NIOSH (OSHA’s research partner) which was my plan.

NP’s are in huge demand, especially in the industries that are left; RN’s are not, regardless of what most people think. (Unless you are a surgical nurse, a nurse anesthetist, or one of a few unique sub-specialties in demand which does not apply to me). NP’s are in demand because a NP can act like a MD (even prescribing medication) and an $~80k salary is much easier to stomach these days than an MD’s $170k salary. In effect a factory can dispense with a physician if they have an NP, and save megabucks, so NP's are in huge demand, RN's are not. So two years from January I expect(ed) to graduate with a annual ~$20k increase in salary, with several job offers as I leave.

Or

Must I go and take whatever employment that I can get, regardless of earnings or the adverse effect on my career path so that I can say: “I am employed?” and please those government officials who hold our future in their hands? (I'll admit, it may be just that way). It may be that I need to put my college plans off for a year thought it will be such a waste.

Note: While I might occasionally find a week or several to work on a fill-in basis for someone on vacation, or illness leave, industry in my neck of the woods has been devastated. It is very unlikely that I will find full time work over the next 6 months.

In good times I could sell my real estate and move—but do so now will be a blood-bath. I'll lose my life’s savings, if I can even sell my two properties at all. Naturally I’m hoping that two years from the upcoming January real estate has recovered somewhat, and then I can sell and move. Even if not, the increase in salary will make "holding on" palatable.

Thoughts or suggestions anyone?

Note: I asked a similar question some months back under a different name but this time I have my “ducks all in a row,” and have started the K1 process, and we are here on the board; so please forgive me if you remember a similar question back in January.

[Miss Missy 0]

Not totally sure but, I do think you have to have income at that time as well as prove your income.

I will let someone else who is more knowledgeable and who has been throught the process answer this.

In my opinion, whatever income you have coming in needs to meet those guidelines, so no one person can really make the career path choice for you. Do what is best for you and your situation. Choose according to what is more important to you and your priorities in your life.

[JimVaPhuong 4,863]

Assets offset income by a ratio of 3:1 in your case. They treat a K1 petitioner the same as an immediate relative for the purpose of the affidavit of support.

I don't have much specific knowledge about the consulate in Thailand, but I would presume they are pretty much like other consulates in Southeast Asia when it comes to the affidavit of support. You might make it on assets alone, but the I-134 gives the consular officer broad discretion. I think there's a reasonable chance you could be denied on the public charge requirement. I've seen it happen to K1 petitioners in Vietnam who had substantial assets but no income.

I guess you've got three options:

1. Try to get through on assets alone. I would expect the consular officer to question how you're going to support yourselves with no income. Hopefully, your liquid assets are enough to satisfy them.

2. Get a temporary job. Any income would look better than none. Even if the income is below the threshold, your assets are more than enough to cover it.

3. Get married and submit a CR1 petition. Consular officers have much less discretion with an I-864 affidavit of support.

[yailukmuu 26]

2. Get a temporary job. Any income would look better than none. Even if the income is below the threshold, your assets are more than enough to cover it.

Thank you,

Since the Affidavit appears to be most important to the Bangkok Consulate which will, at best, be reviewed six to nine months down the road, is it possible to update the form when circumstances change? If I must take an "out of career path" job, I'd rather opt to wait until later, to a time closer to when this data is looked at. Is it only during the time when the foreign (Bangkok) consulate reviews my documents which counts here? If I have a job at that time, is that likely to be acceptable?

[LookyWhatIFound 38]

Thank you,

Since the Affidavit appears to be most important to the Bangkok Consulate which will, at best, be reviewed six to nine months down the road, is it possible to update the form when circumstances change? If I must take an "out of career path" job, I'd rather opt to wait until later, to a time closer to when this data is looked at. Is it only during the time when the foreign (Bangkok) consulate reviews my documents which counts here? If I have a job at that time, is that likely to be acceptable?

You don't have to send the Affidavit of Support with the I-129F application. You can send it to your fiance closer to the time of the interview in Bangkok. If you don't think you can get the job before then, then maybe you should see if you can get a Co-Sponsor for the affidavit.

[yailukmuu 26]

You don't have to send the Affidavit of Support with the I-129F application. You can send it to your fiance closer to the time of the interview in Bangkok. If you don't think you can get the job before then, then maybe you should see if you can get a Co-Sponsor for the affidavit.

Co-Sponsor is not an option.

That is good to know, I thought the I-129F had to be filed with the first K-1 documents.

Perhaps then the best is to analyze the likely time-line for when it will be needed, and then take a job (regardless of how "good" it is) when the need for the I-129F occurs, or possibly even hold off the entire process for several months. In my field it's always easier to find jobs between August and November. Perhaps I'll have to hold off entering college for a semester.

[Ning 619]

You don't have to send the Affidavit of Support with the I-129F application. You can send it to your fiance closer to the time of the interview in Bangkok. If you don't think you can get the job before then, then maybe you should see if you can get a Co-Sponsor for the affidavit.

Keep in mind BKK almost never allows co- sponsors for K 1s. Jims advice is sound. The best option is # 2. Any job would look better than none.

[LookyWhatIFound 38]

Co-Sponsor is not an option.

That is good to know, I thought the I-129F had to be filed with the first K-1 documents.

Ning:

Keep in mind BKK almost never allows co- sponsors for K 1s. Jims advice is sound. The best option is # 2. Any job would look better than none.

Ok didn't realize some consulates didn't accept co-sponsors. Yes the I-134 doesn't have to be sent with the first K-1 documents.

I agree Ning, having a job is always better.

[Karee 4,189]

Keep in mind BKK almost never allows co- sponsors for K 1s. Jims advice is sound. The best option is # 2. Any job would look better than none.

Yep. Make sure you don't owe the IRS any money. They'll find out about that as well and deduct it from what you earned in 2010.

[Ning 619]

Co-Sponsor is not an option.

That is good to know, I thought the I-129F had to be filed with the first K-1 documents.

Perhaps then the best is to analyze the likely time-line for when it will be needed, and then take a job (regardless of how "good" it is) when the need for the I-129F occurs, or possibly even hold off the entire process for several months. In my field it's always easier to find jobs between August and November. Perhaps I'll have to hold off entering college for a semester.

Look over the forms. The 129 F is the inital petition. See the guides area at the top of the page.

The support form you will submit is the 134. That will be submitted just prior to the interview. Your fiance will need to know the basics of your support situation because you as the petitioner are not allowed at the actual interview. This means the support issues are reviewed by the interviewing officer prior to the interview. The decision when it pertains to support is made before your fiance approaches the window. I may be a good idea to write a letter to attach to the 134 explaining your employment situation along with your future earning ability.

You are correct in thinking over the timeline. The submission of the 134 will be many months down the road. You have time to affect your income to the level it needs to be to ensure success.

[yailukmuu 26]

Yep. Make sure you don't owe the IRS any money. They'll find out about that as well and deduct it from what you earned in 2010.

*lol* That's an easy one... since the IRS will owe me a refund of about $4500 as soon as I file for 2010. I have no skeletons in my closet.

[Karee 4,189]

*lol* That's an easy one... since the IRS will owe me a refund of about $4500 as soon as I file for 2010. I have no skeletons in my closet.

It was a shocking surprise for the wife at the interview. I made just over 18k in 2007. I owed the IRS 10k so they denied my wife at the interview saying that in reality I only made 8k due to the IRS thing. I quickly filed my 2008 taxes which were over 50k and sent her that. That overcame the lien.

Once she got here with a SS#, I went back and amended my returns back to 2006 as married filing jointly. That wiped my debt clean and I also got a return check for 5k.

[yailukmuu 26]

Thank all of you for the very helpful info.

In September I'll be sitting for what is called the COHN-S exam (Certified Occupational Health Nurse) so that will put me near the top of the line amongst applicants for any jobs that do come available. They are available, just not within commuting distance, for instance I declined one in Las Vegas not long ago. Having an apartment house and a house in my state of NH (and being unable to sell them) is somewhat of an albatross, though I don't want to sound complaining with so many whose homes are underwater.

Then perhaps my plan will be to take a job in October-December.. If I need to travel to a distant locale it will not be perfect but it would sure look good on paper, and looking good is important here. If I take a temp job (which are easier to get because they usually suck) then when it's time to leave to return to college I'll feel more comfortable quitting. It puts one in an ethical quandary to take a job knowing that you'll quit within a year, as it often takes about 1-1.5 years to really start to be comfortable in an industrial clinic. Contract/temp agencies are meat markets, they don't care about you (there may be exceptions but I've yet to see them) but being able to freely reciprocate is nice also.

In 15 months I'll be 62 and eligible for Social Security. I have not the slightest interest in starting social security (if it even exists) before I'm 67, I'd prefer to wait till 70, (or later, if that's possible) but of course I could opt in at reduced benefits once I reach 62. How will the Bangkok consulate look at this as a "potential" source of income?

If anyone has experience with Bangkok, please feel free to IM me any suggestions, hints, etc...

I

[yailukmuu 26]

It was a shocking surprise for the wife at the interview. I made just over 18k in 2007. I owed the IRS 10k so they denied my wife at the interview saying that in reality I only made 8k due to the IRS thing. I quickly filed my 2008 taxes which were over 50k and sent her that. That overcame the lien.

Once she got here with a SS#, I went back and amended my returns back to 2006 as married filing jointly. That wiped my debt clean and I also got a return check for 5k.

There are few things that I fear. The IRS is one of them...

A very good reason to never burn bridges with an "ex." Been there, it's funny how sometimes filing married/jointly can return a lot of money in a refund, and sometimes married/filing single can be the winner in lowering taxes, but the latter only occurs when one person in the couple has either low income, or (as what happened to me one year) lot's of tax credits and lot's of deductibles. We were friendly enough with each other to, over two years, use the best method for minimum taxation.

You sound fast on your feet!

[ThaitoUSA 15]

You mention an either/or choice of taking a job outside of your career path or going to school. You could do both. There are many folks, including this one, who work full time and study concurrently. Another option is to stay on your career path. Optimism begets opportunity. Many of those who have lost jobs and consider themselves 'unemployable' experience just that. We all win some and lose some, yet those who are tenacious always succeed.